MYANNITA HIRE INFLUENCERS
Digital platforms dedicated to connecting brands with Influencers from all around the world (Marketplace)
How does it work?
Influencers (herein referred to as “Influencer”, in the singular or plural) will be able to sell personal videos (“Content”) to Brands (herein referred to as “Brand” or “Buyer”, in the singular or plural) and Brands will be able to search for influencers and hire them through “MyAnnita Hire Influencers” (“MyAnnita”) website, to promote their products, services, brands, etc., on the Influencer’s social media platforms (the “Permitted Purposes”). Once the Brand confirms to MyAnnita that Influencers chosen by the Brand have completed the Brand’s request posted on “MyAnnita”, with the provided details and specifications, then “MyAnnita” will release the payment to the Influencer.
Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING MYANNITA
(Last updated (month) (day), (year))
OVERVIEW
This website is operated by MyAnnita. Throughout the site, the terms “we”, “us” and “our” refer to MyAnnita. MyAnnita offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
These Terms and Conditions of Use (“Terms” or “Terms of Use”) are a legal contract between you and us (collectively, “Everyone”) and govern your use of all the text, data, information, software, graphics, photographs and more (all of which we refer to as “Materials”) that we and our affiliates may make available to you, as well as any services (“Services we may provide You, including without limiting the promotion of products, services, brands on the Influencer’s social media platforms, through any of our digital platforms (both the website and/or the application (mobile or not), herein referred to as the “website”, “Website”, “platform” or “Platform”)).
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE READ AND ACCEPTED THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms of Use at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. Should you object to any term of this agreement, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.
Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of this Website. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded. However, any new version of these Terms of Use will supersede previous ones, and your use of MyAnnita imply your acceptance of any new Terms.
GENERAL USE
As a condition of your use of this Website, and consequently the Services, you warrant and represent that: (i) you have reached the age of majority in your jurisdiction of residence, (ii) if applicable, if you are under the age of majority in your jurisdiction of residence, you have your parents’ or guardian’s prior permission to access or use this website, (iii) you possess the legal authority to create a binding legal obligation; (iv) you have read and accepted these Terms; (v) you shall only use this website in accordance with these Terms, and (vi) all information supplied by you on this website is true, accurate, current and complete.
If a parent or guardian is providing you with permission to access or use this website, such parent or guardian agrees to accept full responsibility for your access or use of this website and agrees to be bound by this Terms on behalf of you, as if such parent or guardian has entered into this Terms of Use on their own accord.
We reserve the right in our sole discretion to immediately terminate your access to this website should we have reason to believe that you are not eligible to access or use this website.
We invite You to use this Website for your own use, according to the Permitted Purposes
In these Terms we are granting you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials; your right to use the Materials is subject to your compliance with these Terms. All other rights are reserved. You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit this Website, the Materials or the Services in any manner. If you make copies of any of this Website, the Materials or any other feature included in the Services, while engaging in Permitted Purposes, then we ask that you: (i) limit the use to its Permitted Purposes; (ii) display and maintainour copyright and other proprietary notices accordingly..
If you breach these Terms, the above license will be deemed automatically terminated , and You must immediately destroy any downloaded or printed Materials (and any copies thereof).
USING THIS WEBSITE AND THE WEBSITE’S SERVICES.
We allow non-registered individuals to visit this Website. Visitors are encouraged to read these Terms. By browsing the Website, they agree to these Terms.
However, in order to access certain password-restricted areas of this Website (such as viewing this Website’s blog posts and other User Submissions (defined below)) and to use certain Services and Materials offered on and through this Website, you must successfully register and open an account with us.
PASSWORD RESTRICTED AREAS OF THIS WEBSITE.
If you are a Brand or an Influencer and you want an account with us, you must submit the following information through the account registration page on this Website:
Brands:
Influencers:
You may also provide additional, optional information so that we can provide you a more customized experience when using this Website. Once you submit the required information, we will determine whether to approve your accountIf your account is approved, you will receive an e-mail detailing how to complete your registration.
You are responsible to maintain your information and credentials updated, true, accurate, current, and complete. You must log into your account and make anyrelevant changes directly or by contacting us, using the below contact information.
If you forget your password, we will send a password update to your email account .
You are further responsible for: (i) complying with these Terms when accessing this Website, whether directly or through any account that you may setup through or on this Website; (ii) obtaining and maintaining all equipment and services needed to access to and use the Website; (iii) paying related charges; and (iv) keeping your credentials, including without limitation the Username and password, strictly confidential. Do not share your credentials with any third party. Should you believe Your password or security for this Website has been breached in any way, you must immediately notify us.
PLATFORMS AND SERVICES – MYANNITA HIRE INFLUENCERS
As part of the Services offered in connection with the Website (the “MyAnnita Hire Influencers”), you may be permitted to sell personalized videos (each, a “Content”) as an “Influencer” to other users (“Buyers”). You must be 18 years of age to sell Contents to Buyers as an Influencer. There may be additional terms applicable to the purchasing of Contents from certain Influencers on that Influencer’s page, or as otherwise set forth on the Website. As an Influencer, you acknowledge and agree that “Contents” are User Submissions as set forth below and are subject to the terms, restrictions, assignments and licenses below regarding the same. You acknowledge and agree that We will receive a portion of the fees paid for any Contents purchased via the “MyAnnita Hire Influencers”. You understand and agree that we merely provide the “MyAnnita Hire Influencers” as a facilitator. We and are not a party to any transaction regarding the purchasing or selling of Content and can’t and won’t be responsible for making sure that the Content is actually provided or is up to a certain standard of quality. We don’t control the actions of any Influencers or Buyers. Influencers aren’t our employees or agents. You hereby acknowledge that we are not responsible, nor we supervise, direct, control or monitor the Influencers in their creation or selling of Contents. We also are not responsible for the arrangements between the Influencers and Buyers. The Buyers agree that when an Influencer accepts a “call to action” , this means that the Influencer accepts this Terms of Use as they are. The acceptance is a binding consent that this Terms of Use will operate as a legal contract between the Influencer and the Buyer. A violation by the Influencer of a request placed on the website by a Buyer (a “Violation”) or a malperformance, meaning a performance not meeting the requirements of such request (a “Malperformance”) promptly authorizes us or the Buyer directly to cancel the campaign without any notice to the Influencer. No payment will be made to an Influencer in case of a Violation and/or a Malperformance. We only act as a connection between Buyers and Influencers, and we only interfere if the Buyer or the Influencer open a dispute for a “call to action” not properly done, and only after both parties have made best efforts to solve any disagreement or dispute amicably. We do not store any user’s (either an Influencer, a Buyer or a visitor) data or login information, and we are not responsible if this information is leaked, hacked, or stolen. To verify the Influencers’ social media profile, we hire third parties that provide APIS from Instagram/TikTok. You agree to indemnify us for any losses related to your purchase or use of Content (as a Buyer) or your creation and sale of content (as an Influencer).
YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO THE CONTENT TRANSACTION AND YOU RELEASE US FROM ANY LIABILITY RELATED THERETO OR RELATED TO CONTENT PURCHASED OR SOLD VIA THE “MYANNITA HIRE INFLUENCERS”.
———————————————————————
No Influencer may collect any information from or relating to a Buyer (“Buyer Information”) whether via the Services or otherwise, beyond what is necessary to create and sell Content to the applicable Buyer from or about whom such Buyer Information was collected. Influencer also must not use any Buyer Information beyond what is necessary to create and sell the Content for such applicable Buyer. Upon the conclusion of Influencer’s creation and payment of the Content by the applicable Buyer (or otherwise upon the request of such Buyer or Us), Influencer must properly destroy all Buyer Information from or relating to such Buyer and make no further use of it whatsoever. Influencer must collect, use, maintain, and transmit all Buyer Information in compliance with all applicable laws.
If there is a dispute between participants on the Website or regarding the Services provided or between a Buyer, an Influencer or a visitor/user in one side and and any third party in the other side, you agree that we are under no obligation to become involved. In the event you have a dispute with one or more Buyer, Influencer or visitor/user, you hereby release us, our directors, officers, employees, agents, and successors from any claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our website, Services and Materials.
PAYMENTS
You agree to pay all applicable fees related to your use of this Website and of our Services. All fees and payments are described fully on our Payment Page available at [link] (the “Paid Services”). Any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.
Influencers will receive the payment once the Brand confirms on the website that the Influencer has completed all requirements and specifications contained in the Brands’ request posted in the website.
We may suspend or terminate your account and/or access to our Services and the Website if you fail to timely make payments of if the offered payment method (e.g., credit card or PayPal account (“Payment Method”) provided by you cannot be processed. By providing a Payment Method, you expressly authorize us to charge applicable fees or charges, if any, subject to the type of membership and Services used. You agree to make payments using the Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor (as defined below), do not receive payment from you, you agree to pay all amounts due on your Billing Account (as defined below) upon demand.
Due to the nature of the website and the Services, payments are non-refundable. Please do not insist. If you cancel your account, you are responsible for paying any balance due on your account. You agree that we will process any balance owed upon cancellation to your provided Payment Method and/or send you an invoice.
Payments will be processed by third-party payment processors (the “Payment Processors”) through a payment account linked to your account (your “Billing Account”). Currently, We use Stripe, Inc., and Mercado Pago as Our Payment Processors, and You can access their Terms of Services at https://stripe.com/legal and _______ respectively, and their Privacy Policies at https://stripe.com/us/privacy and ________, respectively.
The processing of payments will be subject to the terms, conditions, and privacy policies of the applicable Payment Processor in addition to these Terms, and you agree, as a condition to making payments as a Buyer or receiving payments as an Influencer, to abide by the terms and conditions of such Payment Processors, as they areupdated from time to time.
Any breach of the terms and conditions provided by such Payment Processors can lead to payments being withheld in addition to any other rights or remedies we may have at law or under these Terms. We are not responsible for any error by, or other acts or omissions of, the Payment Processors. By choosing to use Paid Services, you agree to make payments using the Payment Processors. You agree with all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms.You authorize us, through the applicable Payment Processor, to charge the Payment Method of your choice. We reserve the right to make necessary adjustments or corrections in any payment or amount made by you (even if already received by us) in violation of this Terms or of the terms of the specific transaction to which it refers to, which has been caused by any of Payment Processor’s action or omission.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
If the amount to be charged to your Billing Account is different from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Your non-termination or continued use of a Paid Service reaffirms your Payment Method is current for that Paid Service and we will continue to use it without any further notices to you. You will be responsible for the payment of any charges made to your account if in accordance with these Terms. Nothing herein creates an impediment for us to collect any pending amounts directly from you. Charges may be payable in advance, in arrears, per usage, or according to the option you made when you initially selected to use the Paid Service.
PRIVACY POLICY
Review Our Privacy Policy (“Privacy Policy”) available at [link], which explains our usage of your data and information.
CHILDREN’S ONLINE PRIVACY PROTECTION ACT
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 13 years of age. If We identify that We have collected personal information from a child under 13 years of age, We will delete that information as quickly as possible. If You believe that a child under 13 years of age may have provided Us personal information, contact Us at “MyAnnita MAIL”.
LINKS TO THIRD-PARTY SITES
We may provide links on this Website to third-party websites. If You use these links, You will leave this Website. We are not obligated to review any third-party websites that You link to from this Website, We do not control any of the third-party websites, and We are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, We do not endorse or make any representations about such third-party websites, any information, software, products, services, 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 from this Website, You do this entirely at Your own risk and You must follow the privacy policies and terms and conditions for those third-party websites.
SUBMISSIONS
Certain areas of this Website may permit you to submit feedback, information, data, text, software, messages, any kind of content (written, audio, visual or audiovisual) or other materials (each, a “User Submission”). You agree that you are solely responsible for all of your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary, and you represent and warrant that you own all rights, title and interest in the User Submission, including without limitation, any copyright, trademark or patent or you have the legal right to use it and submit it as a User Submission. Further, we do not guarantee that You will be able to edit or delete any User Submission.
Any information or content publicly posted or privately transmitted through the website is the sole responsibility of the person from whom such information or content originated, and you access all such information and content at your own risk. We are not liable for any errors or omissions in any information or content provided by Buyers, Influencers or visitors/users. We are not responsible for any damages or losses you may experience in connection with such information or content. We cannot control and have no duty to take any action regarding how you may interpret and use such information or content (including without limitation any User Submissions) or what actions you may take as a result of having been exposed to such information or content. You hereby release us from all liability related to such information or content viewed or used by you through the website or the Services. We can’t proof or guarantee the identity of any users with whom you interact while using the website. We are not responsible for the ones accessing the the website.
By submitting any User Submission, you agree that:
By submitting a User Submission, you grant to us an irrevocable, perpetual, transferable, non-exclusive, gratuitious, worldwide, royalty-free license (sublicensable through multiple tiers) to:
We may, but are not obligated to, pre-screen User Submissions or monitor any area of this Website through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through this Website and may remove or reject any User Submission at any time for any reason. We are not responsible for any loss, theft, or damage of any kind caused to any User Submissions. Further, you agree that we may freely disclose your User Submission to any third party whatsoever.
UNAUTHORIZED ACTIVITIES
We authorize your use of this Website only for Permitted Purposes. Any other use of this Website beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Website. This is because all rights in this Website are reserved and remain proprietary.
Unauthorized use of this Website may result in violation of the United States and international copyright laws. Unless by our written consent stating otherwise, you are not authorized to use this Website, any User Submissions or its content, as follows:
You agree you will be responsible for all attorney fees and all costs associated with any claim or dispute arising out of your violation of these Terms or of any action perpetrated by you which causes us to incur in attorney fees and costs. You also agree to indemnify us for any damages caused to us as a result of your violating these Terms.. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim or dispute.
PROPRIETARY RIGHTS
“MY ANNITA HIRE INFLUENCERS” is our registered trademark and all rights are reserved. . All third parties’ names, logos, and brands (e.g., TikTok, Instagram, and their respective logos) displayed in our website are registered trademarks and all rights are reserved to the respective owners. MYANNITA and its products and services are not endorsed by, sponsored by, or affiliated with these third parties. Our use of these names, logos, and brands is for identification purposes only, and does not imply any endorsement, sponsorship, or affiliation.
Unless otherwise specified in these Terms, all Materials, including the arrangement of them on this Website are our sole property.
Copyright © 2021 MY ANNITA HIRE INFLUENCERS. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
INTELLECTUAL PROPERTY INFRINGEMENT
We will remove User Submissions violating intellectual property rights of others, suspend access to this Website (or any portion thereof) to any user who uses this Website in violation of someone’s intellectual property rights, and/or terminate the account of any user who uses this Website in violation of someone’s intellectual property rights.
Pursuant to Title 17 of the United States Code, Section 512, We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If You believe Your copyright or other intellectual property right is being infringed by a user of this Website, please provide written notice to our Agent for notice of claims of infringement: __________________ (the “Agent”)
To be sure the matter is handled immediately, your written notice must:
Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
Submitting a DMCA Counter-Notification
We will notify you if in view of a validly received DMCA take-down notice any material provided by you is removed or if the access to copyright-protected material provided by you is disabled. In response, you may provide our Agent with a written counter-notification that includes the following information:
TERMINATION OF REPEAT INFRINGERS
We reserve the right, in our sole discretion, to terminate the account or access of any Influencer, Buyer or user of this Website who is the subject of repeated DMCA or other infringement notifications.
DISCLAIMER OF WARRANTIES.\THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE “MYANNITA HIRE INFLUENCERS” AND THE CONTENTS BOUGHT AND SOLD VIA THE MYANNITA WEBSITE, ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE IS WITH YOU.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT.
TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR THE SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR WEBSITE, AND THE SERVICES WE PROVIDE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE.
YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE WEBSITE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE WEBSITE AT ANY TIME, WITHOUT NOTICE TO YOU.
LIMITATION OF LIABILITY.
WE ARE NOT LIABLE BEFORE YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS WEBSITE, INCLUDING WITHOUT LIMITATION RELATED TO THE BUYING AND/OR SELLING OF CONTENTS VIA THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. IN NO EVENT OUR LIABILITY WILL EXCEED THE AMOUNT WE HAVE ACTUALLY RECEIVED IN THE TRANSACTION DISPUTED. .
LOCAL LAWS; EXPORT CONTROL.
We control and operate this Website from our headquarters in the United States of America and the entirety of this Website may not be appropriate or available for use in other locations. If You use this Website outside the United States of America, you are solely responsible for following applicable local laws.
We are not responsible for any content in the Website or any User Submission which is or may be deemed a “fake add”. You are responsible for verifying products or information that might misinform the consumers. The Brands are responsible to verify the quality and veracity of the content created, and the Influencers are responsible to verify the Brand, the product, the service or information they promote, and for their own self judgement on the “fit” of such any product, service or information to what they represent. Brands and Influencers are sole responsible for any misinformation spread on their own media, including but not limited to social media.
We are not responsible to make any background check on the Brands or Influencers. Therefore, we are not responsible for any Brand and Influencers personal arrangements which may include Influencer’s participation in any type of physical event that could put the Influencer physical integrity at risk.
FEEDBACK
Any submissions you make (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication channel with us whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, perpetual, transferable, worldwide, royalty-free, fully paid-up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER
This provision facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and us.
Effectively, then, for purposes of these Terms, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
THIS PROVISION PROVIDES THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY ARBITRATION. THE ACCEPTANCE OF THESE TERMS CONSTITUTES A WAIVER OF YOUR RIGHT TO LITIGATION.
EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY ARBITRATION RATHER THAN IN COURT.
PRE-ARBITRATION CLAIM RESOLUTION
For all disputes, whether pursued in court or arbitration, You must first give us an opportunity to resolve the dispute which is first done by emailing to us at “MyAnnita Legal Email” the following information: (1) your name, (2) your address, (3) A written description of your Claim, and (4) A description of the specific relief you seek. If we do not resolve the dispute within 45 days after receiving your notification, then you may pursue your dispute in arbitration.
You may pursue your dispute in a court only under the circumstances described below.
EXCLUSIONS FROM ARBITRATION/RIGHT TO OPT OUT
Notwithstanding the above, you or we may choose to pursue a dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”).
You may opt-out of this provision by emailing Us at “Myannita legal email” the following information: (1) your name; (2) your address; (3) A clear statement that you do not wish to resolve disputes with us through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with us. Any opt-out request received after the Opt-Out Deadline will not be valid and you will have to pursue your dispute in arbitration or small claims court.
ARBITRATION PROCEDURES
The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879.
For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.
Under no circumstances will class action or representative procedures or rules apply to the arbitration.
Because this Website and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – Miami-Dade County, Florida, United States of America.
Payment of Arbitration Fees and Costs – Each party will be responsible for fees and costs incurred in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver – Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both ou and we specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of this Website can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
Jury Waiver – You understand and agree that by accepting this provision in these Terms, you and we are each waiving the right to a jury trial or a trial before a judge in a public court.
Severability – If any clause within this provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire provision will be unenforceable, and the dispute will be decided by a court.
Continuation – This provision shall survive the termination of your account with us or our affiliates and your discontinued use of this Website. Notwithstanding any provision in these Terms to the contrary.
LANGUAGE
The Parties hereto have expressly required that these Terms and all documents and notices relating thereto be drafted in the English language.
GENERAL
If You do not comply with these Terms, we will provide you with recommended necessary corrective action(s) in accordance with these Terms
However, certain violations of these Terms, as determined by Us, may require immediate termination of Your access to this Website without prior notice to You. The Federal Arbitration Act, Delaware state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to these Terms of Use or this Website will be heard in the courts located in Miami-Dade, Florida. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms, we are not waiving our rights. These Terms are the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Everyone about this Website. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent, including the ones granted by you in accordance with these Terms. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
CONTACT US.
If You have any questions about these Terms or otherwise need to contact Us for any reason, you can reach us at “MYANNITA INFO EMAIL”
A modern user-focused, premium freelance marketplace WordPress Theme, developed using best practices from the market.
Annita myannita.com | Todos los derechos reservados 2024 | hola@myannita.com | Políticas de privacidad | Condiciones de uso