TERMS OF SERVICE

Welcome to Influentent,

The following terms of use (“Terms”) set forth the basic rules that govern your use of Influentent’s Website (“Website”). Please read these terms carefully. By accessing or using this Website, you agree that you have read, understand, and agree to be bound by the terms described in these Terms and all terms incorporated by reference. If you do not agree to all of these Terms, do not access or use this Website.

For purposes of these Terms, “Influentent”, “we”, “us”, or “our” means Cortes Digital LLC, located at 630 5th Avenue. Suite 2000, New York, NY. 10111, USA.

Definitions

As used throughout these Terms and Influentent.com, “Account” means the Influentent Account you open when you register to become a User and use the Site’s Services. “Buyer” means a User that purchases Writer Services. “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. “Assignment” means the request submitted by a Buyer to Influentent seeking writers to satisfy a Buyer’s aim to obtain content. “Site” means the domain, and all subdomains, of influentent.com. “Submission” means any and all work product developed by Writer in carrying out Writer Services as required to complete the Job and delivered to Influentent. “Third-Party Services” means all services that are accessible through the Site and delivered by third parties. The term Third-Party Services does not include Influentent services or Writer Services. “User” means (1) a person who makes use of the Site on his or her own behalf, or (2) a person who makes use of the Site on behalf of a company or organization. “Writer” means a User that offers and delivers services through the Site. “Writer Contract” shall have the meaning given to it below. “Writer Services” means all services delivered by Writers. “Visitor” means a person who is only visiting the Site, not a User.

Deadlines for Buyer to Review Content

Upon receipt of content delivered by Influentent, Buyer shall have three (3) business days to review the content for edits and request revisions by Influentent. If Buyer fails to request same within said time period, the content will be deemed Accepted by the Buyer and fully purchased.

Influentent is not liable to Buyer for Submissions

Buyer agrees and acknowledges that Influentent shall not be liable, under any circumstances, to any other party, including Buyer, for direct, indirect, incidental, consequential, special or exemplary damages arising from or concerning any Submission.

User Eligibility and Obligations

Influentent is intended solely for use by a legal entity or an individual thirteen (13) years of age or older, and any registration by, use of, or access to the Site by anyone under the age of 13 is unauthorized, unlicensed, and in violation of these Terms of Service. By using the Site, you represent and warrant (as an individual) that you are 13 or older, and further, that you agree to abide by all of the terms and conditions of this Agreement. If you are under 18, you affirm that you are either an emancipated minor or possess legal parental/guardian consent to access and use the Site. Influentent may terminate your Account, Assignment, and any content or information that a Writer has posted on the Site and/or prohibit a User from using or accessing the Site for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that such User is under 13.

Termination of Accounts

Influentent may terminate a User’s Account at any time and for any reason.

The following prohibited activities may cause Influentent to terminate an account: sending or otherwise transmitting to or through this Site any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to this Site or computers of any kind, and any unsolicited advertising, solicitation or promotional materials; misrepresenting your identity or affiliation in any way; restricting, discouraging, or inhibiting any person from using this Site, disclosing personal information on this Site or obtained from this Site, or collecting information about users of this Site; reverse engineering, disassembling or decompiling any section or technology on this Site, or attempting to do any of the foregoing; gaining unauthorized access to this Site, other users’ accounts, names, or personally identifiable information, or other computers or Sites connected or linked to this Site; launching or using any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access this Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; sending or otherwise transmitting to or through this Site chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services; violating any applicable laws, regulations, or these Terms; and assisting or permitting any persons in engaging in any of the activities described above.

User Activity

Some areas of the Site may allow Users to post feedback, comments, questions, and other information (“User Activity”). You are solely responsible for the User Activity that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) through the Site. You agree that Influentent is acting only as a passive conduit for your online distribution and publication of your User Activity. You understand that whether or not such User Activity is published, Influentent does not guarantee any confidentiality with respect to any User Activity.

Users agree not to post User Activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current.

Your submissions and User Activity shall not be defamatory, nor shall they violate anyone’s right of privacy or publicity, or infringe any copyright, trademark, patent, or other personal or proprietary right of any person or entity.

You further represent and warrant that you will obtain releases, consents, and permissions for use of all materials, trademarks, content, and persons depicted or included in any Content you contribute.

Influentent takes no responsibility and assumes no liability for any User Activity that you or any other User or third party posts or sends using this the Site. You acknowledge that Influentent has no editorial control over User Activity posted by Users on the Site and is not responsible for and does not monitor such content for accuracy or reliability. Influentent reserves the right, but is not obligated, to reject and/or remove any User Activity that Influentent believes, in its sole discretion, violates these provisions.

User License to Influentent

You retain all your ownership rights in your User Activity except ownership for Writer Services, which is governed by the Writer Contract. By posting any User Activity on the Site, you expressly grant, and you represent and warrant, that you have a right to grant to Influentent a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Activity and your name, voice, and/or likeness as contained in your User Activity, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site and Influentent’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. Notwithstanding the foregoing, Influentent will only use or disclose your User Activity posted to non-public areas of the Site (such as the Workroom) to the extent necessary to provide you the services on the Site. You also hereby grant each User of the Site a non-exclusive license to access your User Activity through the Site, and to use, reproduce, distribute, display and perform such User Activity as permitted through the functionality of the Site and under this Agreement.

The above licenses granted by you in your User Activity terminate within a commercially reasonable time after you remove or delete your User Activity from the Site. You understand and agree, however, that Influentent may retain, but not display, distribute, or perform, server copies of User Activity that have been removed or deleted. The above licenses granted by you in User Activity for which the Site does not provide you a means to delete or remove are perpetual and irrevocable.

Disclaimers, Limitations and Exclusions

  1. Data. You are responsible for creation, storage, and backup of your business records and User Activity. This Agreement and any registration for or subsequent use of the Site will not be construed as creating any responsibility on Influentent’s part to store, maintain, backup, retain, or grant access to any information or data for any period. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information, or information about the entity that you represent, at your own risk.
  2. Termination. Influentent may terminate your use of this Site or any of our features or services at any time and for any reason without notice for conduct violating these Terms. Upon any such termination, you must destroy all Content obtained from this Site and all copies thereof. The provisions of these Terms concerning Site security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitations of liability, indemnity, and jurisdictional issues shall survive any such termination.
  3. Warranty Disclaimer. User Activity and any other writings or materials on this Site are provided to you “AS-IS” for your information and personal use only. You agree that you will not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit for any commercial or other purpose whatsoever any Content without the prior written consent of Influentent, or except as expressly permitted herein. If you download or print a copy of any User Activity for personal use, you must retain all copyright and other proprietary notices contained herein. You agree not to circumvent, disable, or otherwise interfere with the security related features of the Site or features that prevent or restrict use or copying of any User Activity or enforce limitations on use of the Site or the User Activity herein. You agree not to use the Influentent’s names, logos and marks (whether registered or based on common law) for any purpose without the prior written authorization of Influentent. YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY THE LAW, INFLUENTENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. INFLUENTENT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OR ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND SERVICES (INCLUDING, BUT NOT LIMITED TO, THE PURCHASE OF WRITER SERVICES); (III) ANY UNAUTHORIZED ACCESS TO OR USE OF INFLUENTENT’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/ OR; (VI) ANY ERRORS OR OMISSIONS IN ANY SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SERVICES MADE AVAILABLE VIA THE SITE. INFLUENTENT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND INFLUENTENT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE SITE, AND TO ALL TRANSACTIONS YOU UNDERTAKE ON THE SITE, INCLUDING WITHOUT LIMITATION SUBMISSION OF ANY CONTENT. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

Limitation of Liability

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL INFLUENTENT BE LIABLE FOR ANY COMPENSATORY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM 1) THE USE OF THIS SITE OR SERVICES OFFERED BY THE SITE; 2) THE INABILITY TO USE THIS SITE OR THE SERVICES; 3) THE MISAPPROPRIATION OF MATERIALS; OR 4) THE LOSS OF, OR DAMAGE TO, MATERIALS FOR ANY REASON, EVEN IF INFLUENTENT OR AN INFLUENTENT 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 EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold harmless Influentent, its shareholders, business partners, directors, officers, employees, agents, Users, or third party sponsors, subsidiaries, affiliates, successors, and assignees, at your sole cost and expense, from all liabilities, claims, and expenses, including attorney’s fees, that arise from Your use of the Site and from any User Content you contribute to the Site. Influentent reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Influentent in asserting any available defense. You shall not settle any indemnified claim without Influentent’s prior written consent.

Unsolicited Ideas

Influentent does not accept or consider unsolicited ideas, including ideas for new promotions, products, technologies, or processes. This policy serves to avoid potential misunderstandings or disputes regarding ownership of ideas. Except as expressly provided in nfluentent’s privacy policy, you give Influentent an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute any User Content. You further agree that Influentent has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (and those who act on your behalf) transmit to or through this Site or to us through email.

Trademarks

All trademarks, service marks, logos and trade names on this Site, whether registered or unregistered, including but not limited to influentent.com, are proprietary to Influentent or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.

Jurisdictional Issues

This Site is controlled and operated by Influentent from its offices within the State of New York, United States of America. Influentent makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local New York laws, if and to the extent local laws are applicable. Access to this Site from jurisdictions where the contents of this Site are illegal or penalized is prohibited.

Entire Agreement; No Waiver; Severability

These Terms constitute the entire agreement between you and Influentent regarding the use of the Site, superseding any prior agreements between you and Influentent relating to your use of the Site. The failure of Influentent to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Claims of Copyright Infringement

Influentent respects the intellectual property of others. If you believe that your copyrighted work has been copied and is accessible on the Site in a way that constitutes copyright infringement, pursuant to Title 17, United States Code, Section 512(c)(2), you are encouraged, as a first step, to contact the involved party in an attempt to resolve the issue directly. You may in addition or as a next step send a notification of claimed copyright infringement to Influentent’s designated agent along with the following information:

The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;

A description of the copyrighted work that you claim has been infringed and a description of the infringing activity;

Identification of the location where the original or an authorized copy of the copyrighted work exists, for example, the URL of the Site where it is posted or the name of the book in which it has been published;

Identification of the URL or other specific location on the Site where the material that You claim is infringing is located, including enough information to allow Influentent to locate the material;

Your name, address, telephone number, and email address;

A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

A statement by you, made under penalty of perjury, that the above information in Your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT MATERIAL IS OR IS NOT INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Influentent shall terminate any account of a User who has submitted or posted three pieces of Content for which Influentent has received a notice of infringement. If your account has been terminated due to infringement, you agree that you will not attempt to register a new account under any name, real or assumed, and further agree that if you violate this restriction, you indemnify and hold us harmless from any and all liability that we may incur therefore.

Links to Third Party Content

As you view this Site, you may notice links to third-party websites. These links are for convenience only. If you use these links, you will leave this Site. Certain of these linked websites may make use of Influentent’s proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from Influentent. Influentent is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by Influentent of the organizations sponsoring such third-party websites or their products or services. These Terms do not apply to any other websites.

Governing Law; Venue; Counsel Fees

These Terms and the validity, construction, and performance thereof will be governed in all respects by the laws of the State of New York, without regard to its choice of law provisions. You irrevocably agree that any action proceeding arising from or relating to this Agreement may be brought only in the courts of New York; and, you consent, for yourself and in respect of your property, to the jurisdiction of each such court in any such action or proceeding, and waive any objection to proceeding in such venue, including that the forum is inconvenient. You further consent that in the event Influentent elects to take legal action against you for violation(s) of any of the Terms of Service contained herein, you shall be responsible to pay for all reasonable attorneys’ fees and costs incurred by Influentent in connection with the prosecution of such claims.

Contact

Questions regarding these Terms may be submitted via an email to [email protected]

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