Terms and Conditions

 

Introduction

These Terms and Conditions for all Users govern your use of Influpick and your agreement with us.

Interpretation: 

In the Terms and Conditions:

• we refer to our website as “Influpick“, including when accessed via the URL www.influpick.com or via any web browser;
• references to “we”, “our”, “us” are references to GlobalDev , the operator of Influpick;
• “Influencer” means a User who has set up their Influpick account as an Influencer account to post services/packages on InfluencerWeb to be purchased by Brands;
• “Brand” who has set up their Influpick account as a Brand account to buy the services/packages that are created by Influencers and also can contact Influencers before purchasing services/packages from them
• “Services/Packages” means any service posted by Influencer, including the service description and its price, that can be seen by Brands on the Influencer’s page
• “User” means any user of Influpick, whether an Influencer or a Brand(also referred to as “you” or “your”).
• “Site” means Influpick website

Who we are and how to contact us:

Influpick is operated by GlobalDev. We are a company registered in Romania, with company registration number ? and we have our registered office address at ? Our VAT number is ? .
To contact us with any questions about Influpick, please email our support team at ? . If you are unable to contact us by email, please write to us at the following address: ? .

Agreement to Terms and Conditions:

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, ”your”, “user”) and GlobalDev (“Company”, “we”, “us”, or “our”), concerning your access to and use of the www.influpick.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). The Site provides an online marketplace for the following goods, products, and/or services: marketing influence via social media platforms (the “Marketplace Offerings”). In order to help make the Site a secure environment for the purchase and sale of Marketplace Offerings, all users are required to accept and comply with these Terms and Conditions , including the User Agreement posted on the Site, which are incorporated into these Terms and Conditions . You agree that by accessing the Site and/or the Marketplace Offerings, you have read, understood, and agree to be bound by all of these Terms and Conditions.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR THE MARKETPLACE OFFERINGS AND YOU MUST DISCONTINUE USE IMMEDIATELY.

 

The information provided on the Site 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 us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site 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.

 

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site or use the Marketplace Offerings.

How we may change the Terms and Conditions: 

We may change any part of the Terms and Conditions without telling you beforehand in the following circumstances:

 

• to reflect changes in laws and regulatory requirements which apply to Influpick and the services, features and programs of InfluencerWeb where such changes require InfluencerWeb to change its terms and conditions in a manner which does not allow us to give reasonable notice to you; and
• to address an unforeseen and imminent danger related to defending Influpick, Brands or Influencers from fraud, malware, spam, data breaches or other cybersecurity risks.

 

We may also make other changes to any part of the Terms and Conditions, and we will give you reasonable notice of such changes by email or through Influpick, and you may contact us to end your agreement with us before the changes take effect. Once any updated Terms and Conditions are in effect, you will be bound by them if you continue to use Influpick.

Intellectual Property Rights

Unless otherwise indicated, the Site and the Marketplace Offerings are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Romania, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site or the Marketplace Offerings and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

Linking to and from Influpick

Links to Influpick

You may link to the Influpick homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

If you are an Influencer, when promoting your Influencer account you must comply with our Terms and Conditions and the terms of service of any other website where you place a link to or otherwise promote your Influencer account. When promoting your Influencer account, you must not impersonate Influpick or give the impression that your Influencer account is being promoted by us if this is not the case. You must not promote your Influpick account by using Google Ads or any similar advertising platform or search engine advertising service.

Links from Influpick

If Influpick contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to Influpick, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

How do I delete my account? 

If you want to delete your Influpick account then you may do so in the ‘Edit Profile’ section of your Influpick account.

If you are a Brand, the deletion of your account will take place within a reasonable time following your request.

If you are an Influencer, you can not delete your account if you have ongoing projects. Only after you complete every project and you receive your final payment you can delete your account.If you have a problem and can not complete your on-going projects, then please open a dispute with us and let us know.

In case that the Influencer can not complete the project, prior to deleting its account we will close the project after the dispute was open, and the Brand will receive the money back, but the Brand will be charged for the transaction fees applied to the transaction.

Once your account has been deleted you won’t be charged any further amounts or have access to your former Influpick account or its Content, and any subscriptions will be deleted and cannot be subsequently renewed. There is no technical facility on Influpick for you to be able to access your Content following termination of your account.

Who is responsible for any loss or damage suffered by you?

If you are an User(Influencer or Brand) of Influpick, you agree that: We and our subsidiary companies, employees, owners, representatives, and agents:

• exclude (to the extent permitted by law) all implied conditions, warranties, representations, or other terms that may apply to Influpick or any content on it. This means that if the Terms and Conditions do not expressly include a promise or commitment by us, then one cannot be implied by law;
• are not responsible to you for any loss or damage suffered by you that is not a foreseeable result of our breaching the Terms of Service or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you agreed to the Terms of Service, both we and you knew it might happen;
• won’t be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising out of or in connection with:

• your inability to use Influpick or any of its services, features or programs; or
• your use of or reliance on any content (including Content) stored on Influpick;

• won’t be liable to you for any:

1. loss of profits;
2. loss of sales, business, or revenue;
3. business interruption;
4. loss of anticipated savings;
5. loss of business opportunity, goodwill or reputation;
6. loss of data or information, including any Content; or
7. indirect or consequential loss or damage;

• won’t be liable to you for any loss or damage caused by a distributed denial-of-service attack, virus, ransomware, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of Influpick or any of its services, features or programs, or due to your downloading of any material posted on it, or on any website linked to it;
• won’t be liable to you if your Content is copied, distributed, reposted elsewhere or its copyright is infringed by another User or any third party;
• won’t be liable to you for any disclosure of your identity, or any disclosure or publication of your personal information by other Users or third parties without your consent (also known as “doxing”);
• won’t be liable to you for any failure or delay by us in complying with any part of the Terms and Conditions arising from events outside our reasonable control. If there is any failure or delay by us in complying with any part of the Terms and Conditions arising from an event outside our reasonable control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.

General

You agree that:

1. If any aspect of your agreement with us is unenforceable, the rest will remain in effect.
2. If we fail to enforce any aspect of your agreement with us, it will not be a waiver;
3. We reserve all rights not expressly granted to you.
4. No implied licenses or other rights are granted to you in relation to any part of Influpick, save as expressly set out in the Terms and Conditions.
5. Your agreement with us does not give rights to any third parties, except that the exclusions and limitations of liability in the section entitled Who is responsible for any loss or damage suffered by you? may be enforced by our subsidiary companies, employees, owners, representatives and agents.
6. You cannot transfer your rights or obligations under your agreement with us without our prior written consent.
7. Our rights and obligations under your agreement with us can be assigned or transferred by us to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law. In addition, we may choose to delegate performance of any of our obligations under your agreement with us to any third party, but we will remain responsible to you for the performance of such obligations.
8. The Terms and Conditions form the entire agreement between us and you regarding your access to and use of Influpick, and supersede any and all prior oral or written understandings or agreements between us and you.

 

Terms relating to disputes – the law which applies to your agreement with us and where disputes and claims concerning Influpick(including those arising from or relating to your agreement with us) can be brought:

1. For consumers(Brands Users):

• Consumer – Law:
  • If you are a Brand, your agreement with us is governed by Romanian law and Romanian law will apply to any claim you have against us or we have against you that arises out of or in connection with your agreement with us (including non-contractual disputes or claims). You will also be able to rely on mandatory rules of the law of the country where you live.
• Consumer – where claims must be brought:
  • If you are a consumer resident in Romania or the European Union, any claim arising out of or in connection with your agreement with us (whether by you against us or us against you, and including non-contractual disputes or claims) may be brought in the courts of Romania or the courts of the country where you live.
  • If you are a consumer resident outside of Romania or the European Union, any claim arising out of or in connection with your agreement with us (whether by you against us or us against you, and including non-contractual disputes or claims) must be brought in the courts of Romania.

1. For business Users (Influencers Users):

• Business Users – Law:

• or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by Romanian law, without regard to conflict of law provisions.

• Business Users – where claims must be brought:
  • If you are a business User, you and we agree that the courts of Romania shall have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) which you have against us or we have against you arising out of or in connection with your agreement with us or its subject matter or formation.

1. Limitation period for bringing claims: Except where prohibited by applicable law, any claim or cause of action which you have concerning OnlyFans (including those arising out of or related to your agreement with us) must be filed within one year after the date on which such claim or cause of action arose or the date on which you learned of the facts giving rise to the cause of action (whichever is the earlier), or be forever barred.

 

User Representations

By using the Site or the Marketplace Offerings, you represent and warrant that:

•  all registration information you submit will be true, accurate, current, and complete; 
• you will maintain the accuracy of such information and promptly update such registration information as necessary; 
• you have the legal capacity and you agree to comply with these Terms and Conditions; 
• you are not a minor in the jurisdiction in which you reside; 
• you will not access the Site or the Marketplace Offerings through automated or non-human means, whether through a bot, script or otherwise; 
• you will not use the Site for any illegal or unauthorized purpose; and 
• your use of the Site or the Marketplace Offerings will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

 

You may not use the Site or the Marketplace Offerings for any illegal or unauthorized purpose nor may you, in the use of Marketplace Offerings, violate any laws. Among unauthorized Marketplace Offerings are the following: intoxicants of any sort; illegal drugs or other illegal products; alcoholic beverages; games of chance; and pornography or graphic adult content, images, or other adult products. Postings of any unauthorized products or content may result in immediate termination of your account and a lifetime ban from use of the Site.

We are a service provider and make no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of any of the information contained on the Site or the Marketplace Offerings displayed or offered through the Site. You understand and agree that the content of the Site does not contain or constitute representations to be reasonably relied upon, and you agree to hold us harmless from any errors, omissions, or misrepresentations contained within the Site’s content. We do not endorse or recommend any Marketplace Offerings and the Site is provided for informational and advertising purposes only.

User Registration

You may be required to register with the Site in order to access the Marketplace Offerings. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Marketplace Offerings

We reserve the right to limit the quantities of the Marketplace Offerings offered or available on the Site. All descriptions or pricing of the Marketplace Offerings are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Marketplace Offerings at any time for any reason. We do not warrant that the quality of any of the Marketplace Offerings purchased by you will meet your expectations or that any errors in the Site will be corrected.

Purchases and Payment

You agree to provide current, complete, and accurate purchase and account information for all purchases of the Marketplace Offerings made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars(if that is what we choose).

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

Once the order has been placed, Influencers have to provide the service that the Brand has purchased, until the number of days since the project has been accepted reached the number of days declared in the package.After that time has expired and the project has not been sent, or both parts(Influencer and Brand) have not marked the project as completed, then we will allow them 48 hours to finish the project or open a dispute and tell us what happened.

If in the 48 hours allowed the Users marked as completed the project from both parts, the money will be sent to Influencer, the Brand will receive its package  and the project will be successfully completed.

If in the 48 hours allowed by us, the project has not been marked as completed from both parts, but the influencer sent the package bought by the Brand, then it will be automatically set as completed. If the Brand will not open a dispute, then the project will be successfully completed, and the influencer will receive the money, the Brand will receive its package  and the project will be successfully completed.

If in the 48 hours allowed by us, the project has not been marked as completed from both parts, then the Brand will receive his money back minus the transaction fees.

In the case of a successfully completed project we charge the influencer with a 15% fee from the price of the package.

In the case of an unsuccessfully completed project we charge the Brand with the transaction fees.

Users have to keep in mind that they have to complete the order in order for the transaction to be completed and everything to go smoothly without problems.

Refund Policy

All sales are final and no refund will be issued unless decided otherwise by Influpick’s dispute resolution team.

Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. 

As a user of the Site, you agree not to: 

•  Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. 
•  Make any unauthorized use of the Marketplace Offerings, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. 
• Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein. 
• Engage in unauthorized framing of or linking to the Site. 
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. 
• Make improper use of our support services or submit false reports of abuse or misconduct. 
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site. 
• Attempt to impersonate another user or person or use the username of another user. 
• Sell or otherwise transfer your profile. 
• Use any information obtained from the Site in order to harass, abuse, or harm another person. 
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site. 
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site. 
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Marketplace Offerings to you. 
• Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. 
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Marketplace Offerings. 
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). 
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software. 
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site. 
• Use the Site in a manner inconsistent with any applicable laws or regulations.

 

Social Media

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either:

• providing your Third-Party Account login information through the Site; or
• allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

 You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. 

By granting us access to any Third-Party Accounts, you understand that :

• we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and 
• we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.

 

Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. 

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. 

We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such a Third-Party Account, except the username and profile picture that become associated with your account.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Third-Party Websites and Content

The Site may contain (or you may be sent via the Site or the Marketplace Offerings) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Site Management

We reserve the right, but not the obligation, to: 

• monitor the Site for violations of these Terms and Conditions; 
• take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; 
• in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; 
• in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and 
• otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.

 

Privacy Policy

We care about data privacy and security. By using the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy. Please be advised the Site and the Marketplace Offerings are hosted in Romania. If you access the Site or the Marketplace Offerings from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the Romania, then through your continued use of the Site, you are transferring your data to theRomania, and you agree to have your data transferred to and processed in the Romania.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.

We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.

Disclaimer

THE SITE AND THE MARKETPLACE OFFERINGS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE MARKETPLACE OFFERINGS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE MARKETPLACE OFFERINGS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE MARKETPLACE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE six (6) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: 

• your Contributions; 
• use of the Marketplace Offerings;
• breach of these Terms and Conditions; 
• any breach of your representations and warranties set forth in these Terms and Conditions; 
• your violation of the rights of a third party, including but not limited to intellectual property rights; or 
• any overt harmful act toward any other user of the Site or the Marketplace Offerings with whom you connected via the Site.

 Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Marketplace Offerings, as well as data relating to your use of the Marketplace Offerings. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Marketplace Offerings. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Miscellaneous

These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Marketplace Offerings constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Marketplace Offerings. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

 

Influencer Marketplace

Upon placing an order with an influencer on the influencer marketplace, influencers must submit the requested work through the site in order to receive their funds. Upon submission of work, the buyer will have 48 hours to ask for a revision from the influencer or dispute the work with Influpick, before the order is automatically closed and the money is paid to the influencer. If the influencer (seller) submits the required deliverables for the order, the brand (buyer) may not receive a refund for the order. All disputes are handled by the Influpick arbitration team. All dispute decisions are final and are at the sole discretion of the Influpick arbitration team. Influpick is not responsible for any lost product or funds. If you choose to send anything, such as a physical product, to an influencer to assist them with the collaboration you are responsible for all costs associated with that.

Influpick can only pay influencers out via Stripe, any other payment methods are not supported. If a buyer or seller chooses to take communication or transactions outside of the site, Influpick does not take any responsibility for the order.

Influpick holds the right to refund any payment made to an influencer if we believe there is valid reason to do so.