Please read these Terms and Conditions carefully before using the services offered by VoxPop Communities, Inc., ("Influenster").
This site 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 site 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 site 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 and all United States export control laws.
Influenster, in its sole discretion, has the right to remove content and suspend, terminate, deactivate or refuse registration or access to your account at any time, without notice and without liability, for any reason, including but not limited to violation of this Agreement, infringing on Intellectual Property and inactivity.
We reserve the right to monitor and review your account, content and activity for compliance with this Agreement. We may terminate or suspend your account or ability to use the service if you breach this Agreement, and we may remove any content that is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property rights.
In addition, you may not register for more than one Member Account, register for a Member Account on behalf of an individual other than yourself or register a Member Account on behalf of any 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.
By joining Influenster, 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, emails or social media sites. Members who are selected for the items mentioned above must meet specific requirements for each program, which Influenster may or may not disclose to members. 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.
Members on this social networking website are prohibited to use the services of the website in connection with any commercial endeavors or ventures. Juridical persons or entities including but not limited to organizations, companies, and/or businesses may not become Members of Influenster and should not use the site for any purpose.
Any items you receive as part of an Influenster Program (eg. free products, prizes, etc) are NOT FOR RESALE. All products a members 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, his or her membership will be terminated immediately.
Illegal and/or unauthorized uses of the Services, including unauthorized framing of or linking to the Sites will be investigated, and appropriate legal action may be taken. Some links, however, are welcome to the site and you are allowed to establish hyperlink to appropriate part within 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 on the placed at the site; (iii) the link does not state or imply any sponsorship or endorsement of your site and (iv) you immediately stop providing any links to the site on written notice from us. However, you must check the copyright notice on the homepage to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on our sites.
By participating in this social networking site, you understand and agree not to post or transmit any material that, in our judgment, is defamatory, abusive, obscene, threatening or unlawful in any way, or any material that infringes on the rights of others or contains any virus or other computer programming routine which may interfere with or damage the site or otherwise interrupt on the ability of others to use or enjoy the same. We reserve the right to delete, move or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or for any other reason. Furthermore, we reserve the right to deny access to anyone who we believe, in our sole discretion, has in any way breached these Terms or where we reasonably believe a user does not comply with any relevant age restrictions on the site. All public posts by members on Influenster.com, including our Product Review pages, become proprietary information for Influenster. Influenster holds the right to share/publish these comments with the public and with clients. Members are in no way obligated to talk, promote or discuss products and brands they experience through Influenster. Should members want to discuss, review, blog, make videos and/or write on social media about products or brands they test complimentary through Influenster, members agree to properly disclose that they received the product complimentary through Influenster and follow all FTC guidelines and regulations.
Members who participate in VoxBox campaigns and other Influenster programs also agree not to post or transmit any material on other websites and social media sites, blogs and videos that, in our judgment, is defamatory, abusive, obscene, threatening or unlawful in any way. All members agree not to use inappropriate language and phrases when on the Influenster website and when participating and communicating about Influenster programs and product sponsors on outside websites, blogs, videos and other platforms.
Influenster contains product reviews by its members and others, which are given in response to receipt of free products straight from the manufacturers. Neither Influenster or its members are instructed, coached, coerced, paid, or compensated in any fashion in exchange for reviews of manufacturer’s products. All reviews are provided voluntarily, and published for the informational purposes. All members are encouraged to disclose their receipt of free products whenever they make any public statements about them, either through Influenster or independently. 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@example.com.
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 Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired or not acquired Content through the Site or the Services.
It should be noted that the Site or Services may contain, or direct you to sites 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 except those stated in this document. THE SERVICE, 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.
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 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 site 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 discontinued the site or any part of it at anytime. The information, content and services on the site are provided on an “as is” basis. When you use the site and or participate herein, you understand and agree that you participate at your own risk.
The Web allows people throughout the world to share valuable information, ideas and creative works. To ensure continued open access to such materials, we all need to protect the rights of those who share their creations with us. Although we make the Site freely accessible, we don't intend to give up our rights, or anyone else's rights, to the materials appearing on them. The materials available on the site 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 site, and that You will not acquire any right, title, or interest in or to the site 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.
"Public Content" refers to information that you submit or post to or through the site and/or service for public display, such as photos, comments, reviews, and your public profile information. By submitting Public Content or any other content on the site or otherwise through the service, you hereby do and shall grant Influenster a worldwide, non-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 site, the service and Influenster’s (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) or the service in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the site and/or the service a non-exclusive license to access your content through the site and the service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such content in connection with their use of the site and service.
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 Program is proprietary information of Influenster. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
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.
Failure of the 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.
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. 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 Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement.
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.
This Agreement will remain in full force and effect while you use the Website. 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. If you are using a paid version of the Service and we terminate your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. Even after your membership is terminated, certain sections of this Agreement will remain in effect.
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”)
Deliver this Notice, with all items completed, to the Designated Copyright Agent at firstname.lastname@example.org.
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.
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:
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!
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.
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.
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.
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!
The Influenster Team
The terms “We”, “Us”, and “Influenster ” refer to the Influenster Service. The terms “You” and “Your” refer to you, as a visitor or user of the Service.
Personal Information: When registering as a user to the Service, we receive and store information you enter or provide to us in any other way. The types of personal information collected may include your name, email address, URL, phone number, Twitter, Tumblr, Google Plus and/or Facebook usernames, location, use information regarding your use of the Service, browser information, and any other data that is tied to such information (collectively, “Personal Information”). The Personal Information you provide is used for such purposes as allowing you to set up a user account and profile that can be used to interact with other users through the Service, improving the content of the Service, customizing the advertising and content you see, and communicating with you about specials and new features. We may also draw upon this Personal Information in order to adapt the Services of our community to your needs, to research the effectiveness of our network and Services, and to develop new tools for the community.
Profiles: “Public Content” refers to information that you submit or post to the Service for public display, such as photos, comments, reviews, and your public profile information.
Information Collected Automatically: When you use the Service, we automatically receive and record information on our server logs from your browser or mobile platform, including your location, IP address, cookie information, and the page you requested. This data is treated as non-Personal Information, except as required under applicable law.
Information about our users is an integral part of our business. We provide some of our services through affiliates, service providers, partners and other third parties. We may share Public Content, as well as a limited amount of Personal Information (including, but not limited to, your first name, last initial, and location) with third parties, who may in turn publicly display or publish this limited amount of Personal Information in connection with Public Content on their own website and media platforms. However, at any time you may visit the "Account Settings" page of your Member Account and opt-out of having some or all of your Personal Information made available to such third parties as described herein.
We encourage our service partners to adopt and post privacy policies. However, the use of your Personal information by our service partners is governed by the privacy policies of those service partners, and is not subject to our control.
We may disclose aggregated information concerning user behavior to third parties in connection with actual or prospective business relationship with those third parties, such as advertisers and content distributors. For example, we may disclose the number of users that have been exposed to, or clicked on, advertising banners.
In the future, may use third party advertising companies to serve ads when you visit the Service. These companies may use information about your Public Content (not including your name, address, email address, or telephone number) and activity related to your use of the Service to provide advertisements about goods and services of interest to you.
One of the primary reasons people use Influenster is to connect with others. Information such as your name and photo, photos of your items, location, list of friends, and the comments you write is shared with the Influenster community. Individuals reading this information may use it or disclose it to other individuals or entities without our control and without your knowledge. We therefore urge you to think carefully about including any specific information you may deem private in comments or other content (location or otherwise) that you create in the Service.
We employ other companies and people to perform tasks on our behalf, such as the creation of shipping labels, and need to share your information with them to provide services to you. Our agents do not have any right to use Personal Information we share with them beyond what is necessary to assist us, and they provide a comparable level of protection for your Personal Information.
Invite Friends and Contacts. You may choose to provide us with another person's e-mail address or social network profile information so that person may be invited to create an account on this site and become your friend. We use this information to contact and, if necessary, remind that person about the invitation. By providing us with another person's e-mail address, you represent to us that you have obtained the consent of the person concerned with respect to such disclosure to us of their Personal Information. We may disclose such information if required to do so in order to comply with legal process, as described above.
Business Transfers. If Influenster or substantially all of Influenster's assets are acquired, or in the unlikely event that we cease business operations or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party.
We send cookies to your computer or mobile device through your browser to enable our systems to recognize your browser and tell us how and when pages in our site are visited and by how many people. Most browsers have an option for disabling the cookie feature, which will prevent your browser from accepting cookies, as well as (depending on your browser software) allow you to decide on acceptance of cookies in a variety of ways.
If your location settings are turned on when you use the Service, we use the location information from your mobile device or browser to tailor your experience. We collect and store your last known location to determine your proximity to our service partners. This location information is not shared with third parties. The Service also uses your mobile device’s background location to provide the Service, which allows us to provide you with location-based services, such as location-specific promotions, mobile-based campaign activity capabilities, and other personalized content tailored to you. If you have background location turned on, the mobile application will, from time to time, tell us about your device’s location even if you are not directly interacting with the application.
Your account is password protected for your privacy and security. You need to prevent unauthorized access to your account and Personal Information by selecting and protecting your password, and limiting access to your computer, phone and browser such as signing off after you have finished accessing your account. We use industry standard measures to protect Personal Information. However, we cannot guarantee the security of account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
If you are located outside of the United States, please note that the Service is located on computer servers in the United States. Therefore, your information may be processed and stored in the United States. As a result, United States federal and state governments, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your information through laws applicable in the United States. Your use of the Service or your submission of any Personal Information to us will constitute your consent to the transfer of your Personal Information outside of your home country, including the United States, which may provide for different data protection rules than in your country.
The Service is not directed toward children under 13 years of age nor do we knowingly collect information from children under 13. If you are under 13 years of age, you are not permitted to submit any Personal Information to us.
To the extent you include Personal Information in your Public Content (such as a photo of yourself), third parties may be able to identify you, associate you with your account, and contact you. Please do not include information in your Public Content that you expect to keep private.
Third parties can also associate you with your account using the user search and browse features of the Influenster Service, which display your Public Content.
Upon your request, we will use commercially reasonable efforts to close your account, and cease displaying your Public Content on the Service; nevertheless, we may still retain your Personal Information and your Public Content in our systems. Registered users who wish to close their account should contact us.
If you have any questions or concerns regarding your privacy, please send a detailed message to: email@example.com. We will make every effort to resolve your concerns.