Terms & Conditions
Welcome to Flynt Social (hereinafter referred to as the “website” or “site” or “we” or “us”). The website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of our website constitutes your agreement to all such Terms.
Our website is owned and operated by FlyntSocial Technologies Pvt. Ltd. (name of the Company) with its office located at 28/704, East End Apartment, Mayur Vihar Phase-1 Extension, East Delhi, Delhi, India, 110096 (Office Address).
By using the website, you willfully agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms") stated herein. These Terms govern your access to and use of the website, services and all Collective Content therein and thus constitute a binding legal agreement between you and us by your own accord.
This website reserves the right to recover the cost of services, collection charges, damages and legal fees from persons using the Site fraudulently. This website reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
IN USING THIS WEBSITE YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE WEBSITE ONLY IN STRICT INTERPRETATION, ADHERENCE AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK, COST & CONSEQUENCES. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US. BY ACCESSING THIS WEBSITE, AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.
Definitions And Interpretation
Flynt Social means the online platform which provides various paid Campaign services listed by various Brands and influencers (also the “creators”) promotes those Campaigns.
- “Account” means the accounts created by the Influencer and Brands at the time of registration.
- "User/Visitor" means the individual who reads the various Campaigns listed on our website.
- “Content” means all texts, graphics, images, music, audio, video, information or other materials.
- “User content” means all Content that a user posts, uploads, publishes, submits or transmits to be made available through our website.
- “SNS” means Social Networking Site such as Facebook, Twitter Instagram, etc.
- The official language of these terms shall be English.
- The headings and sub-headings are merely for convenience purposes and shall not be used for interpretation.
Use of the Site is available only to persons who can form legally binding contracts under applicable law. You may use the website only if you are over 18 years of age. Your use of the website shall be deemed that you are doing so explicitly declaring and providing that you are over 18 years of age.
Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of our website, you agree to be bound by the Terms and Conditions.
- In order to avail our services, you are required to create an account with us.
- In order to register for an account with us (an "Account") you need to provide certain personal information such as name, email address, contact number and password for Influencers and connect your Social Media Profiles with the platform. And in order to register for an account with us as a Brand, you would require to provide information such as Business Name, Name under which business is registered, and address of registered business.
- You explicitly represent and warrant that all required registration information you submit is absolutely true and accurate, and you will maintain the accuracy of such information. You solely are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. The website cannot and will not be held liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your website account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper and lower-case letters, numbers, and symbols) with your account. We shall not be liable for any loss or damage arising from your failure to comply with any of the above.
- You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
- When creating an Account, Don’t:
a) Use a username that is offensive, vulgar or obscene or otherwise in bad taste; or
b) Use a username that is subject to rights of another person without appropriate authorization; or c) Use a username that is the name of another person with the intent to impersonate that person; or
d) Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission.
- We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at firstname.lastname@example.org
- You may not transfer or sell your Account and User ID to another party. If you are registering as a Brand, you personally guarantee that you have the authority to and are willfully binding the entity to this Agreement.
- Our Services are not available to temporarily or indefinitely suspended members. Our website reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our website reserves the right to refuse service to anyone, for any reason, at any time.
- One influencer can own only one account in their name.
- You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by our website’s policies as stated in the Agreement and the website policy documents published on the Website as well as all other operating rules, policies and procedures that may be published from time to time on the Website by Company.
Our website provides a platform wherein the Influencers and Brands will register and the Brands will create a campaign and manage the same and work with Influencers listed as provided by Flynt Social on their website in order to appear and promote such campaigns. The Website provides an online platform for marketing activity of the brands. Company provides a platform to brands for their marketing activity by influencers through social networking sites such as Facebook, Instagram, Twitter, YouTube and any other.
Influencer will register an account and will be taken to dashboard, where the influencers will be given an access to all those campaigns which a brand would like them to be a part of it.
Brands will also register an account and will also be taken to dashboard where they can create their campaign, select influencers, and review the insights of their campaign.
If you enroll for the campaign you have to pay the fees of the campaign created for the stipulated timeframe. Payments are offered through the modes of payment used by our website only.
- Any Creator may register on the website (age restriction of 18 years to be strictly adhered to), but in order to participate in the campaigns, influencer’s social media channel (or account) must meet the following minimum standards:
- Channel must be a minimum of 90 days old;
- Channel must have a minimum number of followers/fans to be eligible (varies depending on connection and as deemed appropriate by Flynt Social);
- Channel must not contain a content gap of more than 90 days;
- Channel must be public (accessible to anyone);
- Channel must contain a majority of original content;
- Channel must be in a supported language (As required by the Opportunity);
- Channel may not contain content that is inappropriate, obscene, violent (including hate speech), illegal, or violates the Campaign Guidelines;
- Creator must not have made any material misrepresentations about the Channel’s history, scope, breadth, number of followers, type of followers, or anything similar.
Influencers must periodically review the training materials available on the Platform. Creators also agree that Flynt Social and/or the Brand, in connection with the Opportunity, may use data collected from these connections, pursuant to applicable privacy policies.
Flynt Social may, at any time, remove or delete an influencer’s account without notice if Flynt Social deems the account is ineligible for participation in the campaign or ineligible for participation on the platform.
- By accepting an assignment and/or registering on the website, Influencer acknowledges that (i) it will follow the assignment’s parameters, instructions, and guidelines, (ii) it has the authority and ability to perform the requested service within the stated time period, as applicable, (iii) all submitted content will be in the English language or such other language as required in the Opportunity, (iv) all submitted content or action will be original (not repurposed) and does not infringe on any license, copyright, patent, trademark, trade secret or other intellectual property right of any third party, (v) All required releases and waivers will be timely executed and submitted, (vi) All ads will be disabled in paid social media posts, (vii) all submitted content or action is in compliance with the terms of necessary third party platforms, (viii) all submitted content or action does not include or support excessive profanity, violence, racial intolerance, illegal drugs or drug paraphernalia, pornography or any other content that promotes intolerance, illegal activity or infringes on the legal rights of others. Sponsored content posted for an assignment must remain linked and live for a minimum of forty-five (45) consecutive days (unless otherwise specified in the assignment) in order for the brand/Flynt Social to validate the fulfillment of the Opportunity and to earn compensation for the posted assignment. The influencer after publication and upon successful validation of the assignment, the influencer will receive payment for the completion of the assignment. Influencers, as part of any assignment/opportunity they are contracted for, have an obligation to keep confidential any and all materials provided to them (if any) by the Brands. This obligation survives the end, cancellation, or termination of the terms and agreement between all parties.
- If Influencer accepts an assignment/opportunity yet fails to fully perform and meet the obligations thereof, Flynt Social may lower Creator’s internal rating in the system, post negative reviews, and potentially remove Creator and Creator’s account from any and all Flynt Social platforms, and may (i) deny payment to Influencer for such failure to perform, and/or, (ii) take back any products, documents, or other items Influencer received. Influencer shall promptly return any such items requested by Flynt Social or the Brand. Any influencer content prior to such failure or otherwise paid for is owned by the brand who posted the assignment/opportunity.
- If necessary, a Brand or Flynt Social may request that an Influencer’s post in response to an assignment/opportunity be removed from the influencer’s social media channel or personal website. Flynt Social may assist the brand in requesting an influencer to remove a post and additional fees may apply; however, Flynt Social cannot guarantee removal of the post by the Influencer. Brand may also request that an assignment/opportunity be closed and/or cancelled at any time. Brands however would owe payment to Flynt Social and/or the influencers, in full, regardless of how much content was submitted or completed prior to brand’s request to remove Content or cancel an assignment/opportunity. Should influencers be asked to reasonably modify or to remove content posted in connection with an assignment/opportunity, influencer must do so within twenty-four (24) hours of receiving such instruction. Failure to do so may result in a loss of compensation (including a clawback of monies already paid to influencer) and other remedies, up to and including removal from the Flynt Social Platform and termination for cause of any related contracts.
- Grant of Usage License:
- Sponsored Social Content – Content is created by an influencer for brand’s marketing campaign and is submitted, posted, displayed, or shared to influencer’s followers through their personal social media platforms. Unless otherwise indicated in an assignment/opportunity, content is owned by influencer, but Flynt Social and brands receive a worldwide, perpetual, fully paid-up, royalty-free, and fully sublicensable right and license to share, use, copy, process, adapt, translate, display, perform, reproduce, republish, and distribute the content or any portion thereof in any and all forms of media or distribution methods (now known or hereafter developed), including but not limited to television, radio, print, Internet site and other electronic communications. Any use, publishing, or distribution of a influencer’s content must be accompanied by credit to the influencer of that content by use of the influencer’s name, likeness, image, username/handle or other identifying representation (to which brand will receive a limited license).
- Content Production – content is created as commissioned by Brand, without limitation as to how that content may be used now or in the future. Flynt Social will facilitate influencer’s assignment of all rights in such content to the brand. Brands purchasing original content shall own the copyright in and to the Content and may use, reproduce, have reproduced, edit for length or clarity, publish and exploit such content in its sole discretion, including, without limitation, licensing the content to any agent or third party, copying, distributing, displaying, publicly performing, and creating derivative works of the content. Attribution to the influencer is optional, unless the Content is created by a celebrity.
- Unless otherwise stated, all prices/fees are quoted and paid in INR, BRL or MYR depending on the assignment and/or your location.
- Influencer acknowledges and agrees that the obligation to compensate the influencer for the assignment/opportunity-related assignment resides with the Brand creating such campaign, not Flynt Social. Flynt Social merely facilitates such campaign creation & compensation. Brands are solely liable for making billed payments to Flynt Social for the subsequent payments to the influencers after deducting their charges. While Flynt Social may be remitting payment to the influencers directly; under no circumstance does Flynt Social accept liability for payment to the influencers.
- Flynt Social may also deny payments to influencers subject to any legal or lawful purpose. Influencers agrees that it will not pursue any actions, legal or otherwise, against Flynt Social for non-payment under such cases. Influencer waives any and all claims or rights of action against Flynt Social relating to the failure of a brand to compensate the influencers in connection with the Opportunity-related assignment.
- In addition, influencer acknowledges that the influencer is: (i) not an employee of Flynt Social, (ii) responsible for the payment of all federal, state and local taxes on compensation received from a Brand, (iii) responsible for any reporting requirements imposed by the federal, state or local government, and (iv) responsible for compliance with all other applicable laws and regulations.
- Brands will pay Flynt Social for the entire campaign (including but not limited to creating and execute campaign, campaign management and any other campaign related services further not limited to ideation, creation of hashtags etc. in addition to costs borne by Flynt Social or the influencers for shipping or purchase of the product for which the campaign is being created) on their website and using the listed influencers for the Opportunity related assignments.
- Our website uses third party payment providers to receive payments from users. We are not responsible for delays or erroneous transaction execution or cancellation in payment issues.
- We take utmost care to work with 3rd party payment providers, but do not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.
- Our website reserves the right to recover the cost of services, collection charges and lawyers' fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful act or acts or omissions in breach of these terms and conditions.
- Our website reserves the right to refuse to process transactions by users with a prior history of questionable charges including without limitation breach of any agreements by Buyer with us or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
- The users acknowledge that we will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond our control.
Influencer Marketing Campaign: Influencer will create Valuable and engaging Campaigns for Brands and they will promote these Brands on their Social Media Platforms through these Campaigns.
Content Campaign: Brands shall promote themselves by providing us with their own content and the Website shall promote them using our own credentials.
Influencers are given detailed information about the product that they wish to promote including its benefits before they accept to be a part of that Campaign. Flynt Social must not be held liable if any product is not up to the claims made by the brand as is the critical requirement of the arrangement and shall always be the responsibility of the brand to indemnify us for any claims of such liability.
Refunds and Cancellation
Brands are advised to exercise due caution and care before registering, enrolling and starting any campaign as the fees of the campaign is non-refundable and the Brands will not be refunded with any cost once it has started a campaign.
Acknowledgements/Representations And Warranties By Users
- Our website reserves the right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claim or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, we may at our sole discretion suspend, block, restrict, cancel the user id of such user and/or disqualify that user from using our website. Any person who knowingly and with an intention to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information shall be guilty of a criminal offence and shall be prosecuted to the full extent of the law.
- You acknowledge and undertake that you are accessing the services on the Website and transacting at third party website at your own risk and are using your best and prudent judgment before making any purchases through those third-party websites. We shall neither be liable nor be responsible for any actions or inactions of manufacturers of the products and hereby expressly disclaim any and all responsibility and liability in that regard.
YOU AGREE AND CONFIRM:
- That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment.
- That you will use the services provided by our website, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
- You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar you from using the Services of our website and / or other affiliated websites without prior intimation whatsoever.
- It is possible those other users (including unauthorized/unregistered users or "hackers") may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the website you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
YOU MAY NOT USE THE SITE FOR ANY OF THE FOLLOWING PURPOSES:
- Breaching any applicable laws;
- Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- Transmitting material that encourages conduct that constitutes a criminal offense results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
- Interfering with any other person's use or enjoyment of the Site.
- Interfering or disrupting networks or web sites connected to the Site.
- Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our sites, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our sites, services, applications, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue our site, services.
MODIFICATION OF TERMS & CONDITIONS OF SERVICES:
- We may at any time modify the Terms & Conditions of Use of the site without any prior notification to you. You can access the latest version of the User Agreement at any given time on our website. You should regularly review the Terms & Conditions on our website. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this site.
- This website will not be liable for delays resulting from incomplete address. In such cases the customer will have to bear the reshipping charges.
REVIEWS, FEEDBACK, SUBMISSIONS:
- All content (including but not limited to reviews, comments, feedback, suggestions, ideas, and other content and/or submissions disclosed, submitted or offered to us on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Content") shall be and remain our property. Such disclosure, submission or offer of any content shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties of the content. Thus, we exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any content. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any content you submit for any purpose whatsoever, without restriction and without compensating you in any way.
- You should not to use any abusive language, share or transmit any pornographic images or videos, use defamatory or blasphemous statements, make statements against the integrity or dignity of any Nation/Religion/Community/Individual in the chat forums, any posts including third party posts, etc. If we find any user doing so, we shall immediately terminate and suspend your account on our website and suspend your activities therein thus restricting your further use of our website.
- Our website does not regularly review posted content, but does reserve the right (but not the obligation) to monitor and edit or remove any content posted. You grant us the right to use the name that you submit in connection with any Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content you submit. You are and shall remain solely responsible for the content of any content you make and you agree to indemnify us and our affiliates for all claims resulting from any Content you submit. We and our affiliates take no responsibility and assume no liability for any Content submitted by you or any third party.
- FLYNT SOCIAL USING APPROVED API’S FROM VARIOUS SOCIAL MEDIA SITES TO CONNECT TO YOUR SOCIAL MEDIA ACCOUNTS OR CHANNEL DOES NOT OR SHALL IN THE FUTURE HAVE ACCESS TO ANY PRIVATE MESSAGES NOR THE ABILITY AND AUTHORITY TO POST ANYTHING THROUGH YOUR ACCOUNT.
Copyright & Trademark
- Our website, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Flynt Social or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to us or third-party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our website. You cannot modify, distribute or re-post anything on this website for any purpose.
- Flynt Social names and logos and all related product and service and our slogans are the trademarks or service marks of Flynt Social. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
- All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of our website or its suppliers and protected by laws of India. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by our website, one of its affiliates or by third parties who have licensed their materials to us and are protected by laws of India. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of our website and is also protected by laws of India, Brazil, Malaysia and Indonesia respectively and individually.
- If you learn of any unlawful material or activity on our website, or any material or activity that breaches this notice, please inform us. We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to us. If you have a reason to believe that Your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
- Your contact information, including your address, telephone number and an email address;
- identification of the copyrighted work claimed to have been infringed;
- a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and that You are authorized to act on behalf of the copyright owner.
- We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.
- Notices regarding our website should be sent to email@example.com
You agree to defend, indemnify and hold harmless our Company/website, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our website or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
- We may, at any time and without notice, suspend, cancel, or terminate your right to use the website (or any portion of the website). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the website affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the website and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
- Without limiting the foregoing, we may close, suspend or limit your access to our website:
- if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
- if we determine that you have breached, or are acting in breach of, this Agreement;
- if we determine that you have breached legal liabilities (actual or potential), including infringing someone else's Intellectual Property Rights;
- to manage any risk of loss to us, a User, or any other person; or
- For other similar reasons.
- If we find you breaching these terms of service, you may also become liable for an amount of which we have suffered losses/damages.
BRANDS AND INFLUENCERSS EXPRESSLY AGREE THAT THE SERVICES ARE AVAILABLE ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND THAT YOUR USE THEREOF IS AT YOUR OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FLYNT SOCIAL DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICE OR FLYNT SOCIAL SITES, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE OR THE FLYNT SOCIAL SITES, (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, ACCURACY OF COMMUNICATIONS, AND ANY OTHER WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY FLYNT SOCIAL. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICE OR THE FLYNT SOCIAL SITES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT FLYNT SOCIAL’S WARRANTY DOES NOT COVER TELECOMMUNICATIONS OR INTERNET OUTAGES CAUSED BY THIRD PARTIES OR OTHERWISE OUTSIDE OF FLYNT SOCIAL’S CONTROL. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, FLYNT SOCIAL’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Limitation of Liability
ANY LIABILITY OF FLYNT SOCIAL TO A BRAND IN CONNECTION WITH THESE TERMS, REGARDLESS OF THE CAUSE OR FORM OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY A BRAND TO FLYNT SOCIAL FOR THE SERVICES RELATED TO THE BRAND’S MOST RECENT OPPORTUNITY. FLYNT SOCIAL SHALL NOT BE LIABLE TO INFLUENCERS FOR DAMAGES OF ANY KIND ARISING OUT OF INFLUENCERS’ USE OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL FLYNT SOCIAL OR ANY FLYNT SOCIAL ENTITY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF, OR IN CONNECTION WITH, THESE TERMS. BRAND AGREES THAT BRAND WILL NOT HOLD FLYNT SOCIAL RESPONSIBLE FOR THE SELECTION OR RETENTION OF, OR ANY ACTS, ERRORS, OR OMISSIONS BY, ANY THIRD PARTY IN CONNECTION WITH THESE TERMS, INCLUDING WITH RESPECT TO CLICKS BY ANY THIRD PARTY ON BRAND’S LISTING(S) OF OPPORTUNITIES, REGARDLESS OF THE INTENT OF SUCH THIRD PARTY.
THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF FLYNT SOCIAL OR ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, FLYNT SOCIAL’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Influencers and Brands each agree to indemnify, defend, and hold Flynt Social, its subsidiaries and affiliates, and its and their employees, officers, and directors (each, an “Flynt Social Entity” and collectively, the “Flynt Social Entities”), and each Flynt Social Entity’s licensors, organizations, licensees, consultants, contractors, agents, attorneys, owners, third party service providers and third parties authorized to make your listings, results, and/or Services available in connection with third party websites, Social Content and/or Action, blogs, postings, content, applications and/or e-mails (“Third Party Products”), harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees (collectively, “Claim(s)”), that actually or allegedly arise out of or result from your information or materials, use of the Service, any Social Content and/or Action, your website, or your breach of these Terms. You agree to be solely responsible for defending any Claim against or suffered by Flynt Social and/or any Flynt Social Entity, subject to Flynt Social and/or the Flynt Social Entity’s right to participate with counsel of its own choosing, and for payment of damages or losses resulting from all claims against Flynt Social, and/or any Flynt Social Entity provided that you will not agree to any settlement that imposes any obligation or liability on Flynt Social and/or an Flynt Social Entity without Flynt Social’s prior express written consent.
Governing Laws and Jurisdiction
- This User Agreement shall be construed in accord with the applicable laws of INDIA regardless of your physical location.
- The Courts at New Delhi, India shall have exclusive jurisdiction in any proceedings arising out of this agreement.
- DISPUTE RESOLUTION:
- DISPUTE BETWEEN FLYNT SOCIAL AND YOU
- A 'Dispute' can be defined as a disagreement between you and us on the Website & its related activities.
- In the interest of resolving disputes between you and us in the most expedient and cost-effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- The venue for arbitration shall be New Delhi, India and the seat of Arbitration shall be New Delhi, India and the language used for arbitration shall be English.
- The award of the arbitration shall be binding on both, you and us.
- The suits which are impliedly or specifically barred by this agreement shall be opposed by us by pleading this agreement.
If there is a dispute between users on this site, we or our website shall be under no obligation to become involved. In the event that you have a dispute with one or more Users in regard to anything be it related to courses, interactions, etc. You hereby release us and our officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail-bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from us on this Site and other than generally available third-party web browsers (e.g., Google Chrome, Safari, Microsoft Explorer, etc.).
All Personal Information and User Generated Content provided to or displayed on the Site and Services are subject to our Privacy Statement and the best practices as stipulated under the framework of GDPR (2016/679).
By using the Site and Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site and Services.
You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
Notice will be deemed received and properly served immediately when posted on the Site and Services, 24 hours after an email is sent, or 3 days after the date of posting any letter by registered post. As proof of service, it is sufficient that:
- For letters, the letter was properly addressed, stamped and placed in the post; and
- For emails, the email was sent to the specified email address.
- In addition to this Agreement, you must familiarize yourself with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances and regulations regarding your use of our services. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful.
- You alone, and not we, are responsible for ensuring that the services and any other activities conducted on the website are lawful. You must ensure that they comply with all applicable laws in India and all other countries.
- You should comply with country, state and federal regulations.
LINKS TO OTHER WEBSITES
Links to third party websites on this site are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked Websites. We have not reviewed these third-party Websites and does not control and is not responsible for any of these Websites or their content. We do not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party Websites linked to this site, you do this entirely at your own risks.
NO WAIVER IMPLIED
The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.
You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
- acts of god;
- natural disasters;
- shortage of supplies, equipment, and materials;
- strikes and lockouts;
- global pandemic
- civil unrest;
- computer hacking; or
- malicious damage.
- By using our services, you are deemed to have executed this Agreement electronically; effective on the date you register your Account and start using our services. Your Account registration constitutes an acknowledgement that you are able to electronically receive, downloads, and prints this Agreement.
- By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
- In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the website, you give us permission to provide these records to you electronically instead of in paper form.
- In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information on the website or by contacting our Customer Support.
These Terms collectively represent the entire agreement and understanding between you and us and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.
For any further clarification of our Terms and Conditions, please write to us at firstname.lastname@example.org