Terms of Service

Please read these Terms of Service carefully before using the services offered by VoxPop Communities, Inc., ("Influenster").

 

These terms of service are applicable to all site visitors and Members (defined below), and govern the use and access to the website at www.influenster.com and/or and any tools, applications, and services associated with Influenster and the influenster.com site (collectively, the “Influenster Service” or “Service”).

 

The terms “We”, “Us”, and “Influenster” refer to Influenster. The terms “You” and “Your” refer to you, as a visitor or user of the Service.

 

By accessing this Service or using any part of the Service or any content or Services hereof, you agree to be bound by all of its terms and conditions which may be amended from time to time. If you do not agree to these terms, you may not access or use the Service.

 

USE OF THE SERVICE

 

This Service allows you to join social networks, gain friends, mingle with other members express your thoughts, and make some comments and discussion, and communicate with other members. You understand and agree, however, that you will use this Service including its tools and services with full sense of responsibility and in a manner that is consistent with these Terms and in such a way as to ensure compliance with all applicable laws and regulations. You agree that you will use the Service and its services in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence.

We reserve the right to monitor and review your account, content and activity for compliance with this Agreement, although we have no obligation to do so.

 

We may, in our sole discretion, terminate or suspend your account or ability to use the Service for any reason

 

Restrictions

 

You may NOT:

 

REGISTRATION / MEMBER ACCOUNT

 

As a condition of becoming a Member of this social networking website, including the use of its tools, applications and services, you are required to register with the Service and provide a password and user name. You must complete the full registration process and shall provide the Service with accurate, complete, and updated registration information.

Member is defined as a registered user of the Services. Member Account is defined as any information related to a Member and all content a Member creates or posts on the site. Member Profile includes a Member’s name, profile information, and profile photo.

 

You are entirely responsible for maintaining the confidentiality of your password.

You agree not to access or use the information of any other Member Account, Member profile, username, or password of another Member at any time. You agree to notify us immediately if you suspect any unauthorized use of your Member Account or Member profile or access to your password. You are solely responsible for any and all use of your Member Account and Member profile. Any information provided by you or gathered by the Service or third parties during any visit to the Service shall be subject to the terms of Influenster’s Privacy Policy.

 

In addition, you may not register for more than one Member Account, register for a Member Account on behalf of another person, group or entity. Furthermore, you may not use or attempt to use another's Member Account without authorization from us or create a false identity on our Services.

 

USE OF YOUR CONTENT

"Public Content" refers to information that you submit or post to or through the Service and/or service for public display, such as photos, comments, reviews, and your public profile information. By submitting Public Content on the website or otherwise through the Service, you hereby do and shall grant Influenster a worldwide, exclusive, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the content in connection with the Service, and Influenster’s (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) or the service in any media formats and through any media channels (including, without limitation, third party websites and feeds).

 
INFLUENSTER PROGRAMS

 

By joining Influenster and using the Services, Members acknowledge that they are not guaranteed to receive anything in return, including VoxBoxes, complimentary products and/or any other promotions or giveaways promoted on this website, in emails or on other social media sites. Note Influenster adheres to a strict policy of sending one VoxBox per household address per program, regardless of whether or not multiple qualified Members reside in the same household. These requirements are solely determined by Influenster and may change at Influenster's discretion at any time. Influenster reserves the right to postpone, change and/or cancel any scheduled or running programs at any time.

 

Any items you receive as part of an Influenster promotion (e.g. free products, discounts, prizes, etc.) are NOT FOR RESALE. All products a Member receives from Influenster are meant only for the recipient to test, unless otherwise noted, as in the case where recipients are meant to share with a family Member or friend or asked to hold a giveaway. In the case that a Member is unable to use a product, he or she may pass along to a friend. In no case is it acceptable for any Member to resell a product received through an Influenster Program either online or offline. If a Member is found to be exchanging products received via Influenster for cash, their membership will be terminated immediately.

 

DISCLOSURE POLICY

 

When creating Public Content, YOU MUST:

 

 

Members who participate in VoxBox campaigns and other Influenster programs also agree to follow these disclosure terms when participating and communicating about Influenster programs and product sponsors on outside websites, blogs, videos and other platforms.

Members are not obligated to promote or discuss products and brands they experience through Influenster or receive through promotions. All reviews are provided voluntarily, and published for the informational purposes.

Our mission is to provide the best product feedback available anywhere on the web, and it is of the utmost importance to us that we remain as transparent as possible. Should you have any questions regarding our practices, we may be contacted at: [email protected].

 

CHAT ROOMS, FORUMS, COMMUNICATIONS AND OTHER MATERIALS POSTED BY YOU

 

You are responsible for Your own content and communications, as well as its consequences. We want to encourage an open exchange of information and ideas, and You can expect these areas to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy, integrity or quality of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff or an organization. Should you see content that appears to be unlawful, harmful, fraudulent, threatening, libelous, defamatory, obscene, promotes illegal activity, or is indicative of hate speech, you should report such to [email protected].

LINKS & FRAMINGS

 

You are allowed to establish hyperlinks to appropriate parts of the site provided that: (i) you post your link only within the forum, chat or message board section; (ii) you do not remove or obscure any advertisements, copyright notices or other notices placed at the site; (iii) the link does not state or imply any sponsorship or endorsement of any website (iv) placement of the link does not violate any copyrights and (v) you immediately stop providing any links to the site upon notice from us.

 

WARRANTY DISCLAIMER AND EXCLUSIONS / LIMITATIONS OF LIABILITY

 

You represent and warrant that (a) all of the information provided by you to our website to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

 

You hereby accept and agree that it is beyond our control, and no duty to take any action regarding: which users gain access to the Service or use the Services; what effects the Public Content may have on you; how you may interpret or use the Public Content; or what actions you may take as a result of having been exposed to the Public Content. You release us from all liability for you having acquired or not acquired content through the Service or the services.

 

It should be noted that the Services may contain or direct you to sites or Services containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site or Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services.

 

Influenster is a distributor only. Products distributed by Influenster are not manufactured by Influenster. The products may, however, be covered by each manufacturer’s warranty, service, and support policy (if present). Influenster assigns and passes through to the customer any warranty of the manufacturer, and you acknowledge that you shall have recourse only under such warranties and only as against the manufacturer of the products. Influenster makes no representation of express warranty with respect to the product. THE SERVICES, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

 

LIMITATION OF LIABILITY

 

IN ALL CIRCUMSTANCES INFLUENSTER’S MAXIMUM LIABILITY IS LIMITED TO $100. INFLUENSTER SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS OR GIVES WHICH EXCEEDS THIS LIABILITY LIMIT. INFLUENSTER SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT INFLUENSTER HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

 

In addition, we make no representation that the operation of our Services will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinue the Service or any part of it at any time.

 

INTELLECTUAL PROPERTY RIGHTS

 

The materials available through the Service shall remain the property of Influenster and/or its licensors, and are protected by copyright, trademark and other intellectual property laws. You acquire no proprietary interest in any such rights. Furthermore, you may not remove or obscure the copyright notice or any other notices contained in the site or anything retrieved or downloaded from them.

 

You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the Service, is with Influenster and that You will not acquire any right, title, or interest in or to the Service except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.

 

CONFIDENTIALITY

 

You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and forum members. All information submitted to by an end-user customer pursuant to a Influenster  Program is proprietary information of Influenster.. You will not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.

 

NON-ASSIGNMENT OF RIGHTS

 

Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.

 

WAIVER AND SEVERABILITY OF TERMS

 

Failure of Influenster to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.

 

In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.

 

ENTIRE AGREEMENT

 

The Agreement describes and encompasses the entire agreement between Us and You, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Service, the contents and materials provided by or through the Service, and the subject matter of this Agreement.

 

CHOICE OF LAW; JURISDICTION; FORUM

 

This Agreement shall be governed by and construed in accordance with the substantive laws of New York, without any reference to conflict-of-laws principles. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of New York, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.

 

TERM

 

This Agreement will remain in full force and effect while you use the Service. You may terminate your membership at any time for any reason by following the instructions on the “TERMINATION OF ACCOUNT” in the setting page. We may terminate your membership for any reason at any time.

 

DMCA Policy

 

We respect the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will respond to claims of copyright infringement committed using the website (the “Site”) if such claims are reported to the Designated Copyright Agent identified in the sample notice below.

 

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to the Designated Copyright Agent. Upon receipt of Notice as described below, we will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.

 

DMCA Notice of Alleged Infringement (“Notice”)

 

  1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
  3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
    • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
    • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  5. Provide your full legal name and your electronic or physical signature.

 

Deliver this Notice, with all items completed, to the Designated Copyright Agent at [email protected].

 

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.

 

STYLE GUIDES

 

Influenster is a forum for your thoughtful reviews, photos, videos, tips and more. Thus, we've put together these general guidelines for keeping it clean and classy here on our site:

 

INFLUENSTER REVIEW SECTION

 

Go Bare: That’s right, bare it all. The best reviews are personal and passionate as well as open and honest. Writing a review of something you received from us? Make sure to disclose that you received the products free from Influenster for testing purposes.

 

Use Good Taste: We Influensters pride ourselves on our style, so don’t trash your reputation by using offensive language and imagery. Furthermore, threats, harassment, lewdness, hate speech, and other displays of bigotry will not be tolerated.

 

Stay in Good Form: Let’s save the non sequiturs for the blogosphere. We expect your contributions to be relevant to the product you’re reviewing. Reviews aren't the place for rants about political ideologies, extraordinary circumstances, or other matters that don't address the core of the consumer experience.

 

Cut Out the Bias: Your contributions should be objective. Don’t review your own business or employer, your friends' or relatives' businesses, or businesses in your networking group.

 

Say It, Don’t Sell It: The power of Influenster is the power of YOU. Here, consumers have the final word, so let’s not muck up our review section with more commercial noise.

 

Keep Secrets: Remember the Golden Rule? Please respect the privacy of others. This means refraining from publishing personal information, close-up photos, and full names of any of your friends, enemies, and countrymen.

 

Innovation, Not Imitation: What you learned in middle school still applies - absolutely NO plagiarism. We want to hear from you, so show us your (own) stuff!

 

Avoid the Overstatement: It’s easy to get carried away. Please avoid exaggerating or misrepresenting your experience.

 

Be Picky - Click Hearts with Discretion: These hearts don’t mean whether you “Agree.” Like reviews only when they’re useful, helpful, and truthful. Reviews are sorted by what's most helpful, so make sure new visitors see the ones that shine.

 

Be Constructive: We all know how disappointing it can be when you buy something only to find it doesn’t work the way you thought it would. While it may be tempting to vent your frustrations here, remember that reviews should relay “what” and “why.” And please, for everyone’s sake, lay off the caps lock.

 

Be Creative: These reviews weren’t written by robots. Let the “you” shine through!

 

THE Q&A SECTION

 

Be Curious: Influensters have the answers. If you want to know more about a product, use the Q&A; section. But first, check that your question hasn’t already been asked. It probably has!

 

Share the Wealth: Think you’ve got the answer? Help out your fellow Influensters with all the info you’ve got. Your answers should be helpful, honest, and relevant. Spread the knowledge!

 

*Please be advised that Influenster retains the right to remove any inappropriate content or to revoke membership for Style Guide violations.

 

ON YOUR BLOG, VLOG, AND SOCIAL MEDIA ACCOUNTS

 

Heed the VoxFox: In all online features and comments, please make sure to disclose that you received these products complimentary for testing purposes from Influenster. This keeps everyone honest - you, us, and our partners - so we can all be trusted Influensters.

 

Title, Title, Title: Don’t keep it a secret. Include the name of the product you’re reviewing in your blog or video title.

 

Keep it Clean: The Influenster Facebook page is a hub for our community. Use clean language, courteous behavior, and appropriate images. Failure to do so will result in a ban from the page.

 

THE HUB

 

Stay Considerate & Constructive: Show your fellow Influenster bloggers some love by commenting on their posts, but remember the Golden Rule - respect them as they would do for you!

 

Submit Quality: Influensters value fun, quality posts and we hold the rights to decide what in Influenster Nation is appropriate or not, when specially inviting you to contribute to The Hub.

 

DISCLOSURE REQUIREMENT

 

INTELLECTUAL PROPERTY RIGHTS

 

The Federal Trade Commission requires testing program participants to disclose that they have received products for complimentary testing purposes in all reviews, social media posts, videos and blogs. Please note that failure to abide by these rules will result in suspension from Influenster. Because no one looks good in an orange jumpsuit, we've set out the following guidelines to help keep you on the right side of the law:

 

Writing a blog post or review online? Copy & paste this line at the bottom: “I received these products complimentary from Influenster for testing purposes"

 

Filming a video? Do a dramatic reading of the following: “I received these products complimentary from Influenster for testing purposes.” You can also copy & paste this text in the “About” section of your video.

 

Posting on social media sites like Twitter, Facebook, Instagram, Pinterest, or Vine? Make sure you attach the appropriate hashtags as outlined on the cheat sheet section. Cheat Sheet is accessible on your campaign home page.

 

Participating in Brand Challenge? Make sure to use appropriate hashtags as outlined in the challenge rules, such as #contest.

 

Want more? We even have a nifty widget you can include on your blog so you can wear your status as an Influenster with pride!

 

*Remember: If you're unsure on how to disclose, you can always look for the Influenster VoxFox. He's your helpful disclaimer guide to staying in the clear!

 

Happy Posting!

 

The Influenster Team

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