MOBILE TELEPHONES AND EXPRESS WRITTEN CONSENT (TCPA)
By initiating an account with the Service, opting-in with your name and phone number on our website, signing up with your name and phone number in any other way, and agreeing to receive alerts via SMS or text messaging, you agree to receive up text messages from Influencer Star. The content of these messages will contain information about your account, alerts related to account management or account issues, follow-up requests from Influencer Star regarding your use of the service, and various confirmation messages. Common inquiries that you submit and messages you receive will be handled or generated by an artificially intelligent (“AI”) system. When the AI system is unable to automatically respond to your inquiry, a human will intervene and will sometimes respond manually.
Influencer Star will text you a PIN the first time you request alerts via SMS or text message, for security reasons This PIN will be your password for that session and entered online to confirm your acceptance of these Terms as they related to receiving SMS messages. You may choose to stop receiving text messages as described below but opting out of receiving text messages will impact your ability to receive lure alerts from the Influencer Star Service. Message and data rates may apply.
By sending an enquiry or request via SMS or text message, you agree to receive insecure text messages at your given phone number or any number forwarded or transferred to that number or insecure emails. The consent to receive text messages or emails will apply to all future communication unless you request us to stop sending the messages as outlined below.
If you are not the intended recipient to any text messages or emails sent by Influencer Star, you are hereby notified that any review, dissemination, distribution, or duplication of this communication is strictly prohibited.
Standard messaging and data rates may apply. To unsubscribe from receiving messages from us, text STOP. Text HELP for help. Text START to resubscribe at any time. Alternatively, you can request to unsubscribe from messages by emailing unsubscribe@InfluencerStar.com.
In order to make use of the Service, you must have an account. Accounts can be in the name of an individual or an organization, which may but need not depend on whether you are a brand or an influencer. By making an account, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information, and; (c) if you make an account or group for a company or organization, you are authorized by said company or organization to do so and to bind same. You may delete your information at any time, for any reason, by following the instructions here (http://InfluencerStar.com/delete). You also acknowledge and understand that we may delete your information at any time, for any reason.
You are responsible for maintaining the confidentiality of your account and your 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. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
USE OF CONTENT
PRIVACY ON THIRD PARTY SITES
The Service may contain links to any number of other websites, including links to various third party service providers, used for the purposes of business development, providing information, or processing your requests. Influencer Star is not responsible for the privacy practices or the content of any of those websites. Please check those websites for privacy policies and read them thoroughly prior to using their website.
COPYRIGHT INFRINGEMENT NOTIFICATIONS
If you are a copyright holder and believe that material directly available via the Service infringes your copyrighted work, please let us know by sending a notice with the following information addressed to 101 Jefferson Drive, Fl 1, Menlo Park CA 94025:
- the copyright work alleged to have been infringed;
- the allegedly infringing material and information reasonably sufficient to help us locate the material on the Service;
- your contact information, including at least your complete name, address, phone number and e-mail address;
- a statement that you have a good faith belief that use of the copyrighted material in the manner complained of is not authorized by the copyright owner, its agent or the law;
- a statement that the information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner;
- and your physical or electronic signature.
Our provision of information for purposes of remedying potential copyright infringements shall not be construed as an admission of liability on the party of Influencer Star.
THIRD PARTY PRODUCTS, ADVICE AND SERVICES
We are not responsible for examining or evaluating any social media platforms, products, advice or services offered by any third parties whose icons, products, advice, services or hyperlinks appear on or we make use of with the Service (generally “Third Party” or “Third Parties”). We make no representations, warranties or conditions regarding the offerings of any Third Parties whatsoever. Further, we do not assume any responsibility or liability for the products, advice, services and actions of any Third Parties. You understand that the purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information ordered or received from a Third Party is solely between you and the Third Party. We do not endorse, warrant or guarantee such products, advice information or services and are not liable for the accuracy, efficacy, completeness or usefulness of such information or the quality or availability of such products, advice or services. You further understand that we will not be a party to or in any way be responsible for monitoring any transaction between you and any Third Party.
We are not involved in any actual transaction between any user and Third Party, nor are we the legal agent of either for any purpose. As such, we will not be involved in resolving any disputes between any user and third party relating to or arising out of any interaction or conflict between such parties. We urge users and third parties to cooperate with one another to resolve any such disputes. Our making use of a Third Party service for the Service does not constitute an endorsement, or our acting as an agent, spokesperson, or support provider for said service. Influencer Star makes use of various Third Party services for purposes of providing the Server, including but not limited to Twitter, Facebook, Instagram, LinkedIn, and other APIs and services. We do not and cannot provide any support or warranties for these services, and explicitly disclaim any damages or liability for any outages or issues thereof.
Service availability, price and time-related information appearing on the Service are subject to change.
Influencer Star does not necessarily endorse or sanction the content, products or actions of websites that are linked to or from the Service.
THE MATERIALS AND SERVICES ON AND AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INFLUENCER STAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INFLUENCER STAR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON AND AVAILABLE THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INFLUENCER STAR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN AND AVAILABLE THROUGH THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT INFLUENCER STAR) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
INDEMNITY AND LIMITATION OF LIABILITY
You agree to indemnify and hold Influencer Star (and its officers, directors, employees, agents and representatives) harmless against all claims, liabilities, losses, penalties, expenses, damages and costs, including reasonable attorneys' fees, resulting from or relating to your use of and access to the Service or your providing us with access to your social media accounts.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL INFLUENCER STAR BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, SPECIAL OR CONSEQUENTIAL DAMAGES) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN AND AVAILABLE THROUGH THE SERVICE, EVEN IF INFLUENCER STAR OR AN INFLUENCER STAR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL INFLUENCER STAR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE IN THE PREVIOUS CALENDAR YEAR.
INFLUENCER STAR, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
Without limiting the foregoing, Influencer Star makes no representations or warranties about the following:
- The services offered, provided or rendered by Influencer Star or its partners or the social media platforms we make use of, or do not make use of, or any other brands or influencers.
- The Content provided on or through the use of the Service on behalf of the Company or on behalf of brands or on behalf of influencers.
- The accuracy or timeliness of content posted through the Service, including but not limited to content provided by brands regarding sales, promotions, products, services, prices, or the content provided by influencers regarding or related to same.
Influencer Star has no control over the availability of other providers or platforms. We are not liable for, for example, Twitter outages, as we exercise no control over the any of the service providers for which we provide business development or marketing services.
GOVERNING LAW, VENUE AND DISPUTE RESOLUTION
These Terms will be governed by the laws of the State of California, United States, without regard to conflict-of-law principles. You agree that resolution of any dispute or claim arising out of or related to these Terms shall be subject to the exclusive jurisdiction and venue in the state and federal courts in San Mateo County, California.
If you believe you have a dispute or claim against us arising out of your use of the Service or under these Terms, you agree to first discuss the matter informally with us for at least 30 days. To do that, you must give us written notice, which will include your full name and contact information, the nature and basis giving rise to your dispute or claim and your proposed resolution, sent to the address below.
If we are unable to resolve your concerns informally within 30 days after our receipt of your notice, you may file a claim in small claims court so long as you proceed only on an individual basis or commence an arbitration proceeding, which means YOU ARE AGREEING TO WAIVE YOUR RIGHT TO SUE IN COURT, HAVE A JURY TRIAL AND LEAD OR PARTICIPATE IN A CLASS ACTION. The arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). For the avoidance of doubt, you agree that YOU MAY ONLY BRING CLAIMS AGAINST INFLUENCER STAR IN YOUR INDIVIDUAL CAPACITY AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, you agree that no arbitrator shall consolidate any other person’s claims with your claims and may not otherwise preside over any form of a multi-party or class proceeding. You agree that the award of the arbitrator will be binding and may be entered as a judgment in any court of competent jurisdiction in the State of CA. You agree that we may seek interim or preliminary relief from a court of competent jurisdiction in CA, necessary to protect its rights or property pending the completion of arbitration.
You must file a demand for arbitration with the AAA within ONE (1) YEAR after the date your claim arose, or within the shortest time period permitted by applicable law. Otherwise, your claim is waived.
INTERNATIONAL USERS AND VISITORS
If you are accessing or using the Service from a jurisdiction outside of the United States, you understand and agree that such access and use shall be governed by these Terms and United States law.
By using the Service you represent and warrant that you are 18 years of age or older and you have provided accurate information to us regarding your identity. Your account may be terminated without warning if we believe that you are under 18 years of age.
The Service is intended for use by adults. We do not collect any personally identifiable information from any person that are known to be under the age of thirteen (13) without permission from a parent or guardian. If we learn that we have collected personally identifiable information from a child under the age of thirteen (13), we will delete that information as quickly and as completely as possible.
Your browser may permit, or may even default, to transmitting a “Do Not Track” header to websites and online services you visit. There is currently no industry standard for what a website can, or should, do when a user transmits such a header. As a result, the Service, along with most other sites, does not recognize or modify its behavior as a result of the receipt of a “Do Not Track” header.
These Terms may be subject to change; the result of any change will be reflected on these pages.
Revised: March 27, 2019