Last updated: October 4, 2017
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with
https://www.influencerbay.com/ website (the "Service", the "Website", InfluencerBay.com) operated by AE MSO
(InfluencerBay, "us", "we", or "our"). The company information is accessible at https://www.influencerbay.com/company-info.
Please read these Terms and Conditions carefully before using the Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users ("Brand", "Influencer") and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. We reserve the right, at our sole discretion, to deny further or continuing access to the Website to any visitor, including, without limitation, any user that we determine has violated any aspect of these Terms of Service.
You represent and warrant to InfluencerBay that you: (i) are 18 years or older and legally an adult in your country, and that you have the right, authority and capacity to agree to and abide by the Terms of Service; (ii) will use the Website in a manner consistent with any and all applicable laws and regulations. If you are accessing or using the Website on behalf of another person or a corporate entity, you represent and warrant that you have the authority to bind such person or entity to these Terms of Service.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked
to supply certain information relevant to your Purchase including, without limitation, your credit card number,
the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
We are constantly updating our offerings of products and services on the Service. The products or services
available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays
in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Our Service allows you to post, link, store, share and otherwise make available certain information, text,
graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service,
including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
When you create an account with us, you must provide us information that is accurate, complete,
and current at all times. Failure to do so constitutes a breach of the Terms, which may result in
immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Our Service may contain links to third-party web sites or services that are not owned or controlled by us.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
InfluencerBay may enable Influencers to link your InfluencerBay account to third-party accounts (including but not limited to Facebook, Instagram, Snapchat, Youtube, Twitter or Google Analytics) and therefore access, store and display (to other users) the data made available as is permitted under the applicable terms and conditions that govern your use of each third-party account. You hereby authorized such collection and storage.
InfluencerBay does not guarantee the accuracy of the data from third-party accounts nor the ownership of the third-party account by an InfluencerBay user.
A Brand can create a Campaign by providing information, text, graphics, videos, or other material. A Campaign
will enable the Brand to find Influencers and work with them. A Campaign must not invite Influencers to contact
the Brand from outside InfluencerBay. A Campaign must not propose any type of monetary compensation transitioning
from outside InfluencerBay, including, without limitation, an affiliation where the Influencer's compensation
is based on the number of sales his audience has generated.
We reserve the right, at our sole discretion, to delete or edit a Campaign created by a Brand and to terminate or suspend the Brand's account immediately.
By applying to a Campaign, you, as an Influencer, understand that you are performing services for the Brand,
and not InfluencerBay. Moreover, you certify that you have total ownership over the third-party accounts (including
but not limited to Facebook, Twitter, Youtube, Instagram, Snapchat or your website) you are proposing
to publish content on.
Also, you, as a Brand, understand that the Influencer, and not InfluencerBay, is
performing services for you. We can not be held responsible for the performance of either the Influencer or the Brand.
You, as an Influencer, understand and agree that any content submitted on your third-party accounts (including but not limited to Facebook, Twitter, Youtube, Instagram, Snapchat or your website) through the Website for a Campaign and agreed by the Brand shall remain publicly accessible on those third-party accounts for at least six (6) months. You should respect the terms and conditions and privacy policies of the third-party accounts you publish on, especially the terms regarding sponsored content (and the disclosures needed in the posts, clearly labelling the content as advertising). You should also respect the laws of your country regarding sponsored content posted on social medias (one may want to visit the Federal Trade Commission's website for the United States of America). The Brand should also make sure that the laws are respected when the Influencer posts the content. We can not be held responsible for any law violation the Brand or the Influencer may have made. We can not make any representations or warranties in respect of a Brand or a Campaign. Performing your obligations as a Brand or as an Influencer must be done in good faith.
We can not be held responsible for any Campaign and we do not guarantee that the service/product of a Campaign is legal even if we try to review them.
We can not be held responsible for any loss or theft of any product that the Brand might have sent to the Influencer. Sending a product to an Influencer is done at the Brand's own risk. Also we can't be held responsible for any damage or injury resulting from the use of a product of a Brand found on our platform.
An Influencer can apply to a Campaign and make a proposal for a content creation, including its fees, estimated delivery
time and the networks (including but not limited to Facebook, Twitter, Youtube, Instagram, Snapchat or your website) he can publish the content on.
By signing up for an account, the Brand agrees to pay InfluencerBay fees to accept an Influencer's proposal. Any attempt
to make the payment occur from outside the Website will result in the Brand's account being terminated or suspended
immediately. Applicable fees will be paid at the time of the proposal acceptation.
We will charge the applicable fees immediately (including our fee and the Influencer's fee). We will hold the money until the Influencer's content is published and accepted by the Brand. The Influencer's fee will then be released to the Influencer and the Brand will no longer be eligible for a refund.
In case the Campaign agreement is not respected either by the Influencer or the Brand, we reserve the right to examine the situation and decide solely how any refund or compensation if any should be distributed.
We may terminate or suspend your account immediately, without prior notice or liability, for any
reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us at [email protected].
In no event shall we, nor our directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis.
The Service is provided without warranties of any kind, whether express or implied, including, but not limited
to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course
We, our subsidiaries, affiliates, and our licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of France, without regard to
its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
If a revision is material we will try to provide at least 30 days notice prior to any new terms
taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us at [email protected].