Any costs associated with downloading, installing, accessing and using any element of theexhibit.social Platform remain your responsibility and are dependent on the service provider used.
Exhibit technologies pvt ltd makes no representation that theexhibit.social Platform (or any element of theexhibit.social Platform) is appropriate or available for use in all locations.
If you are the driver of a vehicle (or other form of transport), you must not use theexhibit.social Platform while the vehicle (or other form of transport) is moving or is stationary but not lawfully parked. You may only use theexhibit.social Platform when the vehicle is lawfully parked. You must comply with all applicable road rules and regulations before and while using theexhibit.social Platform. In the interests of safety at all other times,exhibit.social recommends that you only use theexhibit.social Platform when it is lawful and safe to do so.
Theexhibit.social Platform allows Brands to create Influencer Marketing Campaigns and Content Only Campaigns, which are then shared with Influencers. Influencers can respond to a Campaign by creating a Post or Paid Content and submitting it to the relevant Brand for approval. Influencers earn compensation when:
Influencers and Brands agree that they will not attempt to negotiate terms or payment with each other outside of theexhibit.social Platform. Without limiting any other rights or remedies available toexhibit.social, any attempt to circumvent theexhibit.social Platform may result in removal from theexhibit.social Platform atexhibit.social's sole discretion.
You may not decompile, reverse engineer, disassemble, convert or authorize any third party to decompile, reverse engineer, disassemble or otherwise convert any element of theexhibit.social Platform to a human perceivable form; distribute or republish any element of theexhibit.social Platform in any way; resell, rent, lease or lend any element of theexhibit.social Platform; defeat, disable or circumvent any security feature of theexhibit.social Platform; or transfer any element of theexhibit.social Platform to any third party.
You are solely responsible for your interactions with other users of theexhibit.social Platform. You agree thatexhibit.social is not responsible for the conduct of any user.
You must not engage in crawling, scraping, caching or otherwise accessing any content on theexhibit.social Platform via automated means, except withexhibit.social's written consent.
Theexhibit.social Platform may contain links to other sites not maintained byexhibit.social ("Linked Sites").exhibit.social is not responsible for the content of any Linked Sites, whether or notexhibit.social is affiliated with the Linked Sites.exhibit.social does not in any way endorse any Linked Sites and is not responsible for the quality or delivery of any products or services offered, accessed or advertised by such Linked Sites. To the extent that these Linked Sites collect personal information or contributions from you,exhibit.social shall bear no responsibility or liability for the manner in which such information or postings are used or exploited. The Linked Sites are for your convenience only and you agree to access them at your own risk.
Influencex reserves the right to refuse or cancel registration of an Account for any reason in its sole discretion. Any decision ofexhibit.social is final and no correspondence will be entered into.
All information provided when registering an Account must be current, correct and complete. Incomplete, ineligible or incomprehensible Account registrations will not be valid. You must be logged in to your Account in the manner required each time you wish to use theexhibit.social Platform. You may never use another's Account without their permission.
You are responsible for maintaining the strict confidentiality of your Account details and for any activity under your Account. You agree to immediately notifyexhibit.social of any unauthorized use of your Account or any other breach of security. It is your sole responsibility to control access to and use of your Account and to notifyexhibit.social when you desire to cancel your Account.exhibit.social will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
The use of any automated software or any other mechanical or electronic means allowing a member to create Accounts is prohibited.exhibit.social reserves the right to suspend or terminate your Account if it believes you are engaging in such activity.
Users understand that in creating an Account they are providing their information toexhibit.social and not to any social media platform. Users of theexhibit.social Platform (whether Influencers or Brands) are solely responsible and liable for any Content or information they transmit to other users. To the extent permitted by law, each user of theexhibit.social Platform agrees to indemnify, defend and forever hold harmless, all social media platforms and their associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by the user in respect of their use of theexhibit.social Platform. Any questions, comments or complaints about theexhibit.social Platform must be directed toexhibit.social and not to any media or social media platforms. For the purposes of this provision,exhibit.social contracts on its own behalf and also on behalf of the social media platforms and, accordingly, may take action in that capacity to recover on behalf of the social media platforms where acts or omissions cause loss or damage to such social media platforms or toexhibit.social.
Conditions 28-50 apply only to Influencers participating in theexhibit.social Platform.
Any person over the age of 16 years, or over the age of 13 years with the written consent of a parent or legal guardian, may register an Influencer Account, but in order to participate in any Campaigns and earn compensation via theexhibit.social Platform, Influencer's must meet the following minimum standards:
If you do not meet the minimum standard in condition 29 above, you may not be able to participate in Campaigns or access the full functionality of theexhibit.social Platform.
In order to submit a Post, an Influencer must connect their Instagram account, Twitter account, Facebook Page or other social media account in the manner required.
In relation to Influencer Marketing Campaigns, once a Post has been approved by a Brand, you are required to publish the Post to your relevant Channel through theexhibit.social platform in the manner required within 48 hours of the Post being approved. You will not have an opportunity to edit a Post after a Brand has approved the Post. You agree you are solely responsible for the publication of Posts.exhibit.social merely provides a service allowing Brands to approve Posts before publication, but the publishing of Posts via theexhibit.social Platform remains your responsibility.
In relation to Content Only Campaigns, once Paid Content has been approved by a Brand, you agree that you must not share the Paid Content on your Channels or elsewhere.
You acknowledge and agree that the relevant Brand, notexhibit.social, will be solely liable for Payment of the applicable Post Fee for the approved Post.exhibit.social merely facilitates such Payment on behalf of the Brand and, whileexhibit.social may remit payment to the Influencer directly to the account details provided by Influencer, under no circumstances doesexhibit.social accept liability for Payment of the Post Fee. You agree that you will not pursue any actions, legal or otherwise, againstexhibit.social for any non-payment, and that this provision constitutes a bar to any such proceedings.
When required by law, influencers must clearly disclose in sponsored Posts their relationship with the Brand.exhibit.social requires that you make such disclosures in such a way so that it is clear to the ordinary consumer viewing your Channels that there is a commercial relationship between Influencer and the Brand. This may be achieved through the use of hashtags such as #advertisement, #sponsored or #ad or through other means suitable to your particular circumstances, Community and Channels.exhibit.social reserves the right, but is in no way obliged, to review and monitor the disclosure practices of all Influencers in relation to particular Posts or your Channels generally and to require greater levels of disclosure (atexhibit.social's sole discretion) in particular Posts or across your Channels generally or, if you do not agree to the required levels of disclosure, to remove you from theexhibit.social Platform.
Influencers must not misrepresent the size of their audience or their numbers of followers or engagement. Followers must be obtained organically and not through unethical or unsportsmanlike behavior such as (but not limited to), purchasing followers, likes or engagement. In the event thatexhibit.social suspects (in its sole discretion) that Influencers are not complying with the requirement for followers to be authentic and organically grown,exhibit.social reserves the right to remove Influencers from theexhibit.social Platform.
You warrant, in respect of each Post and all Paid Content you upload to the Application, submit to a Brand for approval, or publish to a Channel via theexhibit.social Platform, that:
Influencex and the relevant Influencer and Brand acknowledge and agree that any necessary public relations announcements regarding the removal or modification of a Post, as the case may be, will be agreed byexhibit.social and the relevant Influencer and Brand before publication.
In consideration of Payment of the Post Fee, the Influencer agrees to grant in respect of each and every Post:
You acknowledge and agree that the relevant Brand will not be required to remove from its social media channels any Post or any comment, share or re-post of a Post after the period in condition 43(3)(1) has expired.
As an Influencer, in respect of each Post, you consent to the relevant Brand and its successors, licensees, and assigns, and anyone authorized by them, changing, copying, adding to, taking from, adapting or translating, in any manner or context or doing any other act in respect of the Post notwithstanding that such conduct may infringe your moral rights or performer's rights (or similar laws in any territory or jurisdiction) in the Post, and, to the extent possible, your grant a waiver of all moral rights and performer's rights in each Post.
Content Only Briefs give Influencer's the opportunity to sell Content without the need to post the Content to their Channels.
When you upload Paid Content in response to a Content Only Brief, you may be presented with a special Content Rights Terms document.
You acknowledge and agree that upon payment of the Paid Content Fee the Paid Content and all Intellectual Property Rights subsisting in Paid Content irrevocably becomes the property ofexhibit.social. This assignment is absolute, worldwide and for all uses and purposes including, without limitation the re-assignment of the Paid Content to any other person or entity (including a Brand), licensing the Paid Content to any other person or entity (including a Brand), the making of any modifications, enhancements, adaptations or versions of the Paid Content, creating derivative works, and including any releases of the Paid Content in any medium. You must, upon request byexhibit.social, execute all documents and perform all acts necessary to vest all intellectual property rights in the Paid Content inexhibit.social.
Influencers acknowledge and agree that Paid Content must not be posted to their Channels or published in any other way under any circumstances, including re-posting or commenting upon the Content after it has been posted or shared byexhibit.social or a Brand. Upon payment of the Paid Content Fee, Paid Content becomes the property ofexhibit.social, pursuant to the Content Rights Term document.
By submitting Paid Content, Influencers grant toexhibit.social and its successors, licensees and assigns, to the maximum extent permitted by law, genuine consent to use, deal, reproduce, publish, transmit, adapt, edit, change, modify or relocate the Paid Content, whether in whole or in part, and whether alone or in combination with any other materials
As an Influencer, you agree that you will not:
As an Influencer, you will at all times perform your obligations and provide Posts or Paid Content toexhibit.social and the Brand as an independent contractor and not in the capacity of an employee, partner or agent or in any other capacity. You agree that neitherexhibit.social nor the Brand will be obliged to pay to you or recover from you any amount as a result of you being deemed to be an employee of eitherexhibit.social or the Brand, including in respect of annual leave, superannuation, withholding tax, income tax, workers compensation contributions or any similar payments or deductions.
You acknowledge thatexhibit.social has not made any guarantees in respect of the success of a Post or that a Post will be approved by a Brand or in respect of your business or commercial performance or otherwise.
You agree that you (and your agents) will not negotiate terms or payment from Brands outside theexhibit.social Platform. Any attempt to circumvent theexhibit.social Platform may result in the removal of you from theexhibit.social Platform inexhibit.social's sole discretion.
58.Conditions 58-92 apply only to Brands participating in theexhibit.social Platform.
To register a Brand Account, you must create a Brand Account in in the manner required, including providing your full name, email address, telephone number and password, and providing payment details where requested. You will not be charged to create a Brand Account. You will only ever be charged when you approve a Post.
Influencex may, at its sole discretion, implement/change the minimum spend for Brand Accounts.
Brands are able to create two types of Campaigns: Influencer Marketing Campaigns and Content Only Campaigns.
Brand agrees to grant in respect of all Content uploaded to theexhibit.social Platform as part of a Campaign:
With respect to Content Only Campaigns, Brand acknowledges and agrees that the Brand's use of any Paid Content is strictly conditional upon payment of the Paid Content Fee.
Influencex has the right to cancel, suspend, restrict services to and/or terminate a Brand's account ifexhibit.social believes (in its sole discretion) that the Brand is not using theexhibit.social Platform in a fair and reasonable way, or are attempting to use theexhibit.social Platform in a way which does not treat the Influencers or theexhibit.social Platform in a fair and reasonable way and/or in accordance with the purposes for which theexhibit.social Platform were intended.
You must pay all charges in the manner set out in theexhibit.social Platform or as otherwise advised byexhibit.social in writing from time to time. If no manner for payment is stated, the payment must be made by credit card using a provider authorized byexhibit.social.exhibit.social reserves the right to charge a credit card surcharge.
Brands and Media Agencies may request thatexhibit.social issue a quotation for fees and charges expected to be incurred by the Brand or Media Agency during the course of a Campaign, prior to the commencement of the Campaign.
Influencex reserves the right to refuse any quotation request in its sole discretion.
In the event that a Brand or Media Agency requests a quotation andexhibit.social approves, the Brand or Media Agency to pay by Invoice, a minimum Invoice amount of $1000 (excluding VAT) will apply, unless otherwise approved in writing byexhibit.social. If a Brand or Media Agency is not domiciled in Switzerland, then Invoices will not include VAT (but may include other applicable tax where relevant)
Where no terms of payment are stated on an Invoice or otherwise agreed withexhibit.social in writing, the following standard payment terms apply:
Where a Brand or Media Agency is approved to pay by Invoice, the Brand or Media Agency must approve the quotation or purchase order (or similar) approving the fees and charges to be included on the Invoice.
Fees and charges paid toexhibit.social pursuant to an Invoice will be allocated to the relevant Campaign as credit for use in that Campaign.
Whereexhibit.social approves a Brand or Media Agency to pay by Invoice, the Brand or Media Agency irrevocably authorizesexhibit.social, its employees, servants and agents to make such enquiries asexhibit.social deems necessary to investigate the Brand or Media Agency's credit worthiness, including, without limitation, making inquiries from referees, banks or any other credit providers ("Information Sources"), and the Brand or Media Agency hereby authorizes such Information Sources to disclose toexhibit.social, its employees, servants and agents, all information requested byexhibit.social for the purpose of assessing your credit worthiness. Any terms of credit offered byexhibit.social, including whereexhibit.social approves payment by Invoice, may be varied byexhibit.social in its sole discretion and advised to you in writing.
Media Agencies using theexhibit.social Platform acknowledge and agreeexhibit.social is a cost of good. No agency rebates will be given without written confirmation.
When you approve a Post or Paid Content, you undertake that you are an authorized user of the card or account (as applicable) nominated on your Brand Account and to pay the applicable charges, that the card details provided are current, correct and complete and that your nominated card or account (as applicable) will cover the full amount of the charges. You must not pay, or attempt to pay, any charges through any fraudulent or unlawful means.
In relation to Influencer Marketing Campaigns upon an Influencer publishing an approved Post, you authorize us to debit the Brand Fee that is payable for the Post from your nominated card or account (as applicable) in order to pay the charges.
In relation to Content Only Campaigns, upon an Influencer submitting Paid Content, you authorize us to debit the applicable Rights Fee that is payable for the Paid Content from your nominated card or account (as applicable) in order to pay the charges.
If you fail to pay any charges or we are unable to successfully process your payment of any charges within the timeframe required (as applicable), we reserve the right to charge a late payment fee calculated at a rate of ten percent (10%) per annum but no less than $10.00 per month. We also reserve the right to withdraw credit facilities (where applicable) at any time or to remove your access to theexhibit.social Platform. You may also be liable to pay interest on any amount outstanding on the date the payment becomes due and you may also be responsible for all reasonable expenses incurred by us as a result of such late payment (including but not limited to costs incurred by us to recover any unpaid amounts). Without limiting our rights, in the event you fail to pay any charges within the timeframe and in the manner required, we reserve the right to suspend or terminate your access to theexhibit.social Platform or to suspend or terminate any current Campaigns.
Brand acknowledges and agrees that it may not offer a product, service or other non-monetary arrangement to an Influencer as partial or full payment by a Brand for an Influencer's Post;
Influencex in its sole discretion reserves the right to reject Campaigns.
You agree that you will not negotiate terms or payment to Influencers outside theexhibit.social Platform. Any attempt to circumvent theexhibit.social Platform may result in the removal of the Brand from theexhibit.social Platform inexhibit.social's sole discretion. Each Post shall have a Post Fee and all Paid Content shall have a Paid Content Fee, and Brands and Influencers may not circumvent the Post Fee or Paid Content Fee by negotiating or attempting to negotiate multiple Posts or Paid Content for Post Fees or Paid Content Fees.
You must not attempt to instruct, coerce or manipulate Influencer to hide the commercial relationship between the Brand and the Influencer. Such attempts may result in Brand being immediately removed from theexhibit.social Platform.
For the avoidance of doubt, you must not use a Post in any form of paid, sponsored or promoted advertising, including within the social media channel upon which the Post was published (for example, via Facebook Power Editor).
You warrant that:
Brand agrees thatexhibit.social is not responsible for any aspect of the Brand's Content to be reviewed, shared, sponsored or advertised by Influencers. Brand acknowledges and agrees thatexhibit.social is not responsible or liable for the content of any Post.
Brand acknowledges that Influencers are independent third parties and not directly controlled byexhibit.social. As a consequence, any Posts will inherently risk negative or unflattering comments about Brand's content, products or services. Brand specifically acknowledges and agrees thatexhibit.social has no control over any Post that may be published and that Brand is solely responsible (and assumes all liability and risk) for determining whether such Post are acceptable and appropriate to the Brand.
You acknowledge thatexhibit.social has not made any warranties in respect of the success of any Campaign in respect of your business or commercial performance or otherwise of any Post, Campaign, Channel or other media, marketing communications channel, marketing or advertising campaign, promotion or advertisement.
All right, title and interest in all Intellectual Property Rights in all ofexhibit.social's brands, logos, images, buttons, codes, layout, text, content and products and services as displayed on theexhibit.social Platform (the "Brand Features") are the property ofexhibit.social and will remain or be vested inexhibit.social at all times. Your use of theexhibit.social Platform will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any of the Brand Features or theexhibit.social Platform.exhibit.social, on a case by case basis and to the extent required, grants to you a limited, non-exclusive license to use the Brand Features solely for the purpose, and to the extent necessary, to enable you to use theexhibit.social Platform.
Influencers and Brands participating in theexhibit.social Platform warrant, represent and covenant that:
You are authorized to submit Content, as applicable, in the manner invited via theexhibit.social Platform;
any Content you submit to theexhibit.social Platform will not contain anything that;
The Brand and the Influencer acknowledge that:
You agree to indemnify, and must defend and hold harmless,exhibit.social and its related bodies corporate, personnel, servants and agent, from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in any way connected with any of the following (including as a result of your direct activities on theexhibit.social Platform):
In using theexhibit.social Platform, you may be exposed to Content that is harmful, obscene, misleading or inaccurate. Under no circumstances willexhibit.social be liable in any way for any Content, including but not limited to any errors or omissions in such Content or any loss or damage of any kind incurred as a result of any use of Content posted, transmitted or otherwise made available via theexhibit.social Platform.
Whilstexhibit.social endeavors to take all reasonable steps to ensure that theexhibit.social Platform operates as expected, theexhibit.social Platform and its entire contents are provided on an "as is" and "as available" basis without any warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law.exhibit.social disclaims all warranties of merchantability, non-infringement and fitness for a particular purpose.exhibit.social does not make any guarantees and does not provide any undertaking that theexhibit.social Platform will be available at all times or that it will be error free, reliable or secure or free from viruses or other harmful components or that any defects will be corrected. You agree that you use theexhibit.social Platform at your own risk and thatexhibit.social disclaims any and all responsibility for any damage or loss that you may suffer or incur as a result of using theexhibit.social Platform, whether they are direct or consequential (including loss of profits, loss of business revenue or loss of goodwill). This includes any loss that results from any interference, malfunction, delays, failures or damage that occurs to your device or that results from accessing, installing, updating or using theexhibit.social Platform. You assume total responsibility for your use of theexhibit.social Platform, including compliance with all applicable road rules and regulations. Your sole remedy againstexhibit.social for dissatisfaction with theexhibit.social Platform or any content is to stop using theexhibit.social Platform or such Content. This limitation of relief is a part of the bargain between the parties.
If theexhibit.social Platform is not capable of running as planned for any reason beyond the reasonable control ofexhibit.social, including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of theexhibit.social Platform, or if any social media platform alters its terms of service, access or permission in such a way that affects theexhibit.social Platform,exhibit.social reserves the right, in its absolute discretion, to cancel, terminate, modify or suspend theexhibit.social Platform.
You may contactexhibit.social via:
Mail:Chemin du Pré-Fleuri 3, 1228 Plan-les-Ouates, Switzerland