OUR HOUSE RULES

We’re sure you won’t really read this, but here it is just in case.

1.0 HOUSE RULES

1.1 CONSUMER FIRST

Here at Trendster we believe that consumers should always be put first with sponsored posts. Therefore both influencers and brands need to ensure that no campaign or post is false or misleading.

1.2 BRAND

BE RESPONSIVE: Please appreciate the energy each Influencer has invested into their submission by responding to each one quickly. This will also prevent Influencers having a negative experience with your brand.
BE BRAVE: Resist the urge to micro-manage. Everything from bad grammar to shaky footage makes up a unique dialect an Influencer has crafted with their followers over thousands of posts. If you change the language, you’ll change the response.
BE OPEN: This platform is for Influencers, not celebrities. You may not recognize them, but rest assured their followers do. We believe accessing countless pockets of influence is far more meaningful than a large celebrity endorsement.

1.3 INFLUENCER

BE GENEROUS: Post must stay on the top of your feed for minimum 5 hours and on your platform for 120 days.
BE AUTHENTIC: If you wouldn't recommend the brand for free - don't recommend it for money.
BE GENUINE: We work exclusively with Influencers who’ve organically grown their audience. If you’re misrepresenting the size of your audience, we reserve the right terminate your Trendster account.
BE MINDFUL: If you’re seen to be recommending competing brands in quick succession or over-populating your feed with sponsored posts, you’ll lose credibility with your follower base.

2.0 COLLECTION STATEMENT

Trendster L.L.C collects personal information about you from our websites including www.trendster.io/, or any of our related websites, mobile applications and social media pages (each a “Website”), and as provided by you by any other means, including either physically or electronically. We may also collect personal information from social media sites and from commercial data providers, referral agents and other data providers who obtained your personal information from third party sources who hold your consent to disclose your personal information to us, or who have otherwise disclosed your personal information to us in circumstances where it is lawful to do so. Personal information will not be collected from any person who we know to be under the age of sixteen (16) without the consent of a parent or legal guardian. If you are a business we trade with, personal information is collected in order to carry on our trading relationship with you, including but not limited to processing transactions, assessing your credit risk and issuing invoices. Personal information is generally collected in order to allow you to sign up or register to become a member of a Website, to submit content and participate in a Website, to allow you to publish social media posts via a Website, to engage with other users and respond to campaigns or briefs, to make or receive payments, to provide you with newsletters (including electronic newsletters), respond to inquiries, maintain our relationship with you, provide you with certain content, products and services and, unless you opt-out or unsubscribe, to contact you in the future with information on products and services and to provide you with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications account whether existing now or in the future. Our Websites may also collect and use passively collected anonymous or personal information, or personal information from various third party sources, and may combine this anonymous information or personal information with other personal information collected from you, to provide better service to Website users, customize Websites based on your preferences, to provide you with relevant advertising when you use our Websites or third party websites, to compile and analyze statistics and trends, and otherwise administer and improve our Websites for your use. For the purposes described above, your information may be shared with our group companies (and their directors, servants and agents), promotional partners, other Website users and other trusted third parties including service providers engaged by us to perform a variety of functions including legal and accounting services, data storage, fulfilling orders, processing payments, assisting with promotions and providing technical services. Failure to provide personal information may result in us being unable to carry on our trading relationship with you or provide you with certain content, products or services. Our Privacy Policy contains information about how you can access and correct your personal information, how you can lodge a complaint regarding the handling of your personal information and how we will handle any complaint. You may contact our privacy officer with any queries via email: info@trendster.io

3.0 TRENDSTER PLATFORM TERMS OF USE

3.1 INTRODUCTION

  1. The Trendster Platform is owned and operated by Trendster L.L.C. Information about how to join and use the Trendster Platform forms part of these Trendster Platform Terms of Use (“Terms of Use”). By using the Trendster Platform, you agree to accept these Terms of Use and the House Rules.
  2. Trendster L.L.C has created the Trendster Platform to allow Brands and Influencers to interact, form relationships and create and distribute sponsored Posts through the Influencer’s Accounts (Instagram) subject to compliance with these Terms of Use. In these Terms of Use, Brands and Influencers are collectively and individually referred to as “users” or “you” as the context requires.
  3. Your access to and use of the Trendster Platform is conditional upon your agreement to and acceptance of these Terms of Use. Each time you use the Trendster Platform, you agree to be bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, do not use the Trendster Platform.
  4. Trendster L.L.C may at any time revise these Terms of Use by updating this page. Revisions will take immediate effect and may affect your ability to use the Trendster Platform. Since you are bound by these Terms of Use each time you use the Trendster Platform, you should check these Terms of Use for any revisions each time you use the Trendster Platform and wherever prompted to do so. Your use of the Trendster Platform following the posting of any revisions to these Terms of Use constitutes your acceptance of those revisions.
  5. Trendster L.L.C reserves the right to change the Trendster Platform in any way without notice to you. Even if you have an Account, your ability to access and use the Trendster Platform may be terminated at any time without notice to you. If you do not agree to these Terms of Use, you must immediately exit the Trendster Platform.
  6. Trendster L.L.C makes no representation that the Trendster Platform (or any element of the Trendster Platform) is appropriate or available for use in all locations.
  7. If you are the driver of a vehicle (or other form of transport), you must not use the Trendster Platform while the vehicle (or other form of transport) is moving or is stationary but not lawfully parked. You may only use the Trendster Platform when the vehicle is lawfully parked. You must comply with all applicable road rules and regulations before and while using the Trendster Platform. In the interests of safety at all other times, Trendster L.L.C recommends that you only use the Trendster Platform when it is lawful and safe to do so.

3.2 USING THE TRENDSTER PLATFORM

  1. The Trendster Platform allows Brands to publish social media campaigns and share them with Influencers searched on the Trendster Platform. Influencers can apply to published campaigns via the Apply page. Once Influencers and Brands have connected, the Trendster Platform is not involved in the communication regarding guidelines and negotiations. It is up to Brands and Influencers to decide on the payment terms and payment method outside of the Trendster Platform. Once the negotiations are done, Brands and Influencers may return to the Trendster Platform to track the progress of their campaign on the Track Your Campaign page. In the event that Brands have not created a campaign, they are still able to seek out Influencers on the Search page. These Terms of Use shall apply to all transactions conducted through the Trendster Platform.
  2. Content is provided by the relevant Influencer or Brand, as applicable, and is not moderated, approved or endorsed by Trendster L.L.C. Accordingly, no Content constitutes a representation by Trendster L.L.C. If you have a question or concern about Content, including your rights to reproduce it, you must make your own inquiries to Trendster L.L.C. directly, or if advised by Trendster L.L.C., by contacting the relevant Influencer or Brand directly.
  3. Without limiting any other rights or remedies available to Trendster, any attempt to circumvent the Trendster Platform may result in removal from the Trendster Platform at Trendster’s sole discretion.
  4. You may not decompile, reverse engineer, disassemble, convert or authorize any third party to decompile, reverse engineer, disassemble or otherwise convert any element of the Trendster Platform to a human perceivable form; distribute or republish any element of the Trendster Platform in any way; resell, rent, lease or lend any element of the Trendster Platform; defeat, disable or circumvent any security feature of the Trendster Platform; or transfer any element of the Trendster Platform to any third party.
  5. The Trendster Platform is designed for use by people aged 16 years and over. Users under the age of 16 years may only use the Trendster Platform with the consent of a parent or legal guardian. To use the Trendster Platform, you must be eligible to use the social media platforms (under the relevant platforms prevailing terms and conditions) upon which you intend to publish Posts.
  6. You are solely responsible for your interactions with other users of the Trendster Platform. You agree that Trendster is not responsible for the conduct of any user.
  7. You must not engage in crawling, scraping, caching or otherwise accessing any content on the Trendster Platform via automated means, except with Trendster’s written consent.
  8. You agree that Trendster is not responsible for, and does not endorse, any Content posted using the Trendster Platform. Trendster does not have any obligation to pre-moderate, monitor, edit or remove any Content. If your Content violates these Terms of Use, you bear legal responsibility for that Content.
  9. Nothing in these Terms of Use is intended nor does create a partnership, agency, employment or fiduciary relationship between Trendster and any user.
  10. Subject to your compliance with these Terms of Use, you are granted a limited, non-exclusive, revocable and non-transferrable license to access and use the Trendster Platform in the manner anticipated in these Terms of Use. Any costs associated with accessing and using the Trendster Platform generally remains your responsibility and is dependent on the service provider used. You are responsible for ensuring that your computer system or mobile device (as applicable) is compatible with the Trendster Platform and meets all relevant technical specifications necessary to obtain the benefit of the Trendster Platform.
  11. The Trendster Platform may contain links to other sites not maintained by Trendster (“Linked Sites”). Trendster is not responsible for the content of any Linked Sites, whether or not Trendster is affiliated with the Linked Sites. Trendster 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, Trendster 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.
  12. The Trendster Platform may also utilize social network or share functionality and may contain social media links, applications or features (including but not limited to Facebook, Twitter and Instagram). Your use of any social media platforms is subject to the particular social media platform's prevailing terms and conditions of use. By using any social media applications or features on the Trendster Platform, you consent and agree to be bound to the particular terms and conditions of use of the social media platform. You also acknowledge and consent to the Trendster Platform accessing information you may have shared with the particular social media platform and contacting you via the social media platform or via the information you have shared (for example, sending an email directly to you to the email address provided to the social media platform), in accordance with the permissions you have granted via the social media platform. You are encouraged to review the terms and conditions of use of each social media platform before engaging or interacting with the social media links, applications or features on the Trendster Platform. The Trendster Platform is in no way sponsored, endorsed or administered by, or associated with, any social media platform.

3.3 REGISTERING AN ACCOUNT

  1. In order to use the Trendster Platform, Influencers must register an account via the Register Page in the manner required and as set out in these Terms of Use (“Influencer Account”) and Brands must register an account via the Register Page in the manner required and as set out in these Terms of Use (“Brand Account”).
  2. Trendster reserves the right to refuse or cancel registration of an Account for any reason in its sole discretion. Any decision of Trendster is final and no correspondence will be entered into.
  3. 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 the Trendster Platform. You may never use another’s Account without their permission.
  4. You are responsible for maintaining the strict confidentiality of your Account details and for any activity under your Account. You agree to immediately notify Trendster 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 notify Trendster when you desire to cancel your Account. Trendster will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
  5. Trendster retains the right and absolute discretion to terminate your Account and/or access to the Trendster Platform (or any element thereof) if it believes that you are abusing or tampering with the Trendster Platform (or any element thereof) in any way, that you have breached these Terms of Use, or that you have engaged in any unlawful or other misconduct calculated to jeopardize the proper administration of the Trendster Platform (or any element thereof). Trendster’s legal rights to recover damages or other compensation from such an offender are reserved.
  6. The use of any automated software or any other mechanical or electronic means allowing a member to create Accounts is prohibited. Trendster reserves the right to suspend or terminate your Account if it believes you are engaging in such activity.
  7. Users understand that in creating an Account they are providing their information to Trendster and not to any social media platform. Users of the Trendster 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 the Trendster 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 the Trendster Platform. Any questions, comments or complaints about the Trendster Platform must be directed to Trendster and not to any media or social media platforms. For the purposes of this provision, Trendster contracts on its own behalf and also as trustee for the social media platforms and, accordingly, may take action in that capacity to recover on behalf of the social media platforms.

3.4 ADDITIONAL TERMS FOR INFLUENCERS

  1. Any person over the age of 16 years, or over the age of 13 years with the consent of a parent or legal guardian, may register an Influencer Account, but in order to participate in any Campaigns and earn compensation via the Trendster Platform, Influencer’s must meet the following minimum standards:
    1. at least 5000 followers on the Influencer’s Instagram account;
    2. Influencer’s Account must be public (viewable by anyone);
    3. Influencer’s Account may not contain content that is contrary to these Terms of Use.
  2. If you do not meet the minimum standard above, you may not be able to participate in Campaigns or access the full functionality of the platform.
  3. To register an Influencer Account, Influencer must login with Instagram and fill the personal detail form in the manner required.
  4. You agree you are solely responsible for the publication of Posts. Trendster merely provides a service allowing Brands and Influencers to connect, but the publishing of posts is via Instagram remains your responsibility.
  5. You acknowledge and agree that the relevant Brand, not Trendster, will be solely liable for Payment of the applicable Post Fee as per the agreement made outside of the Trendster Platform. Under no circumstances does Trendster accept liability for Payment of the Post Fee. You agree that you will not pursue any actions, legal or otherwise, against Trendster for any non-payment, and that this provision constitutes a bar to any such proceedings.
  6. Posts must adhere to the requirements imposed by Brands as part of a Campaign and advised to Influencer at the time of agreement with the Brand.
  7. Influencers must clearly disclose in sponsored Posts their relationship with the Brand. Trendster requires that you make such disclosures in such a way so that it is clear to the ordinary consumer viewing your Accounts that there is a commercial relationship between Influencer and the Brand. This may be achieved through the use of hashtags such as #sponsored, #spon, #advertisement or #ad or through other means suitable to your particular circumstances, Community and Accounts. Trendster 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 Accounts generally and to require greater levels of disclosure (at Trendster’s sole discretion) in particular Posts or across your Accounts generally or, if you do not agree to the required levels of disclosure, to remove you from the Trendster Platform.
  8. By joining the Trendster Platform, you warrant that:
    1. you are aged over 16 years or over 13 years and have your parent or legal guardian’s consent;
    2. you own the Intellectual Property Rights in the relevant Post and have the right to license the Post to Trendster and the Brand in the manner set out in these Terms of Use;
    3. the relevant Post does not violate the privacy rights, contract rights or other rights (including Intellectual Property Rights) of any person, corporation or entity;
    4. the relevant Post does not contain any misrepresentation or suggestion that you or any entity has the approval or sponsorship of any other entity which you or it does not have;
    5. any and all opinions and views stated in the relevant Post are genuinely held by you;
    6. and any and all statements in the relevant Post regarding your use and experience of the Brand or the Brand’s products or services are true and correct and fairly represent that use and experience and you will promptly notify Trendster if your opinion of the Brand changes from that which you have expressed to date;
    7. the relevant Post does not contain any representations or material which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
    8. the relevant Post is original and does not contain materials that have been previously broadcast, streamed, published or otherwise communicated to the public by you in any way and does not contain materials that have been used in previous marketing materials or promotions for any third party;
    9. if you are a member of any guild, union or industrial organization, you have not entered into any other agreement, arrangement or understanding which would or may prevent or limit you from adhering to these Terms of Use, performing your obligations or granting the rights and benefits set forth herein, or result in a conflict of interest;
    10. if the relevant Post contains images or references to third parties or third party property, that the third party (or third party property owner) has been informed and agrees in writing that such images or references may be used by the Brand in accordance with these Terms of Use without remuneration or compensation to the third party (or third party property owner) for the purpose of promoting the Brand; and
    11. the mere use of the Post and the exercise of the Intellectual Property Rights in the relevant Post by the Brand and Trendster will not infringe any legal rights, copyright or other Intellectual Property Rights of any person or entity nor give rise to a liability to pay compensation.
  9. You acknowledge and agree that the Brand and Trendster has the right at any time to moderate any Post after publication to an Account and that you will immediately make any reasonable modification or amendment requested by Trendster or the relevant Brand to the Post, subject to compliance with these Terms of Use and the House Rules. You also acknowledge and agree that if you post an incorrect Post, the Brand or Trendster may request that you post the correct approved Post and that you will immediately comply with such a request.
  10. You acknowledge and agree that the Brand and Trendster have the right at any time to request that you remove any approved Post from your Accounts and that you will comply with such a request immediately upon receipt of notification, subject to Payment in full to you of the Post Fee in accordance with these Terms of Use.
  11. Trendster 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 by Trendster and the relevant Influencer and Brand before publication.
  12. All right, title and interest in all Intellectual Property Rights in Posts will remain or be vested in the Influencer. Nothing in these Influencer & Brand Terms of Use will be taken to constitute a transfer, assignment or grant of any ownership rights in the Posts to any other party, including Trendster or the Brand.
  13. In consideration of the Influencer’s Post, the Influencer agrees to grant in respect of each and every Post:
    1. to Trendster (and its agents):
      1. a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable license to use the Post for the purpose of marketing and promoting Trendster (and its products and services) in any manner, without further notification to or consent of the Influencer or any further compensation payable to the Influencer;
      2. the right to use the Influencer’s Identity and performances in the Post and to communicate the Post to the public in all languages, in all media including but not limited to: all online paid media (including but not limited to digital banners); in all online owned media (including but not limited to the website of Trendster and internal communications of Trendster); in all social media (including but not limited to the social media Accounts of Trendster); and in any earned media or public relations activity published by a third party (including but not limited to print, digital and/or social media).
    2. to the relevant Brand (and its agents):
      1. the right to organically share, comment upon and organically re-post the relevant Post in the social media Account upon which the Post was published, for a period of thirty (30) days expiring at 11:59pm on the thirtieth day after the Post was first published; and
      2. the right to use the Influencer’s Identity and performances in the Post and to communicate the post to the public in accordance with conditions above and in any earned media or public relations activity published by a third party (including but not limited to print, digital and/or social media).
  14. You acknowledge and agree that the relevant Brand will not be required to remove from its social media Accounts any Post or any comment, share or re-post of a Post after the period in condition above has expired.
  15. 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.
  16. As an Influencer, you agree that you will not:
    1. for a period of five (5) hours after a Post is published, post, share, re-tweet or re-gram any other posts or content to that Account where the effect of publishing such additional posts or content would be to reduce the prominence of the Post;
    2. remove the Post from your Accounts for a period of 30 days after the Post is published, expiring at 11:59pm on the thirtieth calendar day after the Post is published;
    3. edit any approved Post after it has been published other than in accordance with these Terms of Use;
    4. parody, disparage or make fun of the Brand or its products of services generally in any way;
    5. create any contextual or surrounding posts or other material on an Account that in any way detracts from, dilutes the effect of, or undermines a Post or the Brand or its products or services; and
  17. You acknowledge that the restrictions contained in the clause above are reasonable in scope and duration having regard to the interests of the Brand and Trendster and that these Terms of Use go no further than is reasonably necessary to protect the interests of the Brand and Trendster.
  18. You agree that you must not at any time claim or assert that any portrayal, representation, impersonation or depiction of you in the Posts constitutes a violation of any of your rights, including any right of privacy, publicity, false light or a right to bring proceedings for defamation, whether such portrayal, representation, impersonation, depiction or exploitation is by the Brand, Trendster or any their respective successors or licensees. You hereby release the Brand, Trendster and their respective agents, employees, successors and licensees, from any and all claims by you or under your authority arising out of or in connection with any portrayal, representation, impersonation or depiction of you under these Terms of Use.
  19. You acknowledge that Trendster has not made any warranties 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.

3.5 ADDITIONAL TERMS FOR BRANDS

  1. To register a Brand Account, Brands must sign in with Instagram and fill the personal detail form in the manner required, including providing your full name, email address, telephone number and password, and selecting your preferred payment method and providing payment details where requested. You will not be charged to create a Brand Account. You will only ever be charged when you purchase a package to unlock Influencer profiles.
  2. Trendster will, at its sole discretion, implement subscription packages for Brands to unlock Influencer profiles Accounts.
  3. Brand agrees to grant in respect of all Content uploaded to the Trendster Platform as part of a Campaign:
    1. to Trendster (and its agents), a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable license to use the Content for the purpose of marketing and promoting Trendster (and its products and services) in any manner, without further notification to or consent of the Brand or any compensation payable to the Brand; and
    2. to the relevant Influencer, a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable license to post, share, comment upon and re-post the relevant Content across their Accounts as part of any approved Post in accordance with these Terms of Use and the House Rules.
  4. You agree to pay Trendster all fees and charges made to your Brand Account for purchased subscription packages, in accordance with these Terms of Use.
  5. You must pay all charges in the manner set out in writing by Trendster. If no manner for payment is stated, the payment must be made by credit card using a provider authorized by Trendster. Trendster reserves the right to charge a credit card surcharge.
  6. Brands and Media Agencies may request that Trendster issue an invoice for fees and charges expected to be incurred by the Brand or Media Agency for the purchased subscription package.
  7. Trendster reserves the right to refuse any Invoice request in its sole discretion.
  8. Where no terms of payment are stated on an Invoice or otherwise agreed with Trendster in writing, the following standard payment terms apply:
    1. 30 days from date of Invoice for approved Brands; and
    2. 45 days from date of Invoice for approved Media Agencies.
  9. Where a Brand or Media Agency is approved to pay by Invoice, the Brand or Media Agency must provide Trendster with a purchase order or insertion order (or similar) approving the fees and charges to be included on the Invoice and including a purchase order or insertion order number. Trendster may, in its sole discretion, accept written confirmation (including via email) approving an invoice in lieu of a purchase order or insertion order being provided.
  10. Fees and charges paid to Trendster pursuant to an Invoice will be allocated to the relevant Subscription as credit for use in that Subscription (“Credit”).
  11. Payment of all Invoices is due in accordance with these Terms of Use. Trendster will not issue any refunds if a Brand or Media Agency does not use all of its Credit in a Subscription.
  12. Where Trendster approves a Brand or Media Agency to pay by Invoice, the Brand or Media Agency irrevocably authorizes Trendster, its employees, servants and agents to make such enquiries as Trendster 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 to Trendster, its employees, servants and agents, all information requested by Trendster for the purpose of assessing your credit worthiness. Any terms of credit offered by Trendster, including where Trendster approves payment by Invoice, may be varied by Trendster in its sole discretion and advised to you in writing.
  13. Media Agencies using the Trendster Platform acknowledge and agree Trendster is a cost of good and is non-commissionable. No agency rebates will be given.
  14. 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. This amount represents a genuine and reasonable estimate of such costs and expenses associated with managing and processing late payments. 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 the Trendster Platform or to suspend or terminate any current Subscription.
  15. You must not attempt to instruct, coerce or manipulate Influencer to hide the commercial relationship between the Advertiser and the Influencer. Such attempts may result in Brand being immediately removed from the Trendster Platform.
  16. You acknowledge and agree that your right to use a Post is strictly limited in accordance with clause stated above under Additional Terms for Influencer.
  17. You warrant that:
    1. you own the Intellectual Property Rights in Content you upload to the Trendster Platform and have the right to license the Content to Trendster and Influencers in the manner set out in these Terms of Use; or
    2. you have the right to license the Content to Trendster and Influencers in the manner set out in these Terms of Use; and
    3. you will not encourage or facilitate any misrepresentation or suggestion that the Brand or any entity has the approval or sponsorship of any other entity which the Brand or entity does not have; and
    4. any Content you upload to the Trendster Platform does not contain any representations or material which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive.
  18. Brand agrees that Trendster is not responsible for any aspect of the Brand’s Content to be reviewed, shared, sponsored or advertised by Influencers. Brand acknowledges and agrees that Trendster is not responsible or liable for the content of any Post.
  19. Brand acknowledges that Influencers are independent third parties and not directly controlled by Trendster. As a consequence, any Posts will inherently risk negative or unflattering comments about Brand’s content, products or services. Brand specifically acknowledges and agrees that Trendster 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.
  20. You acknowledge that Trendster 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, Account or other media, marketing communications Account, marketing or advertising campaign, promotion or advertisement.

3.6 TRENDSTER’S INTELLECTUAL PROPERTY

  1. All Trendster Materials on the Trendster Platform are protected by all applicable laws including copyright and trade mark laws unless otherwise specifically noted and may not be used except as permitted in these Terms of Use. Nothing in these Terms of Use will be taken to constitute a transfer, assignment or grant of any ownership rights in any Intellectual Property Rights in the Trendster Materials to a Brand or Influencer.
  2. All right, title and interest in all Intellectual Property Rights in all of Trendster’s brands, logos, images, buttons, codes, layout, text, content and products and services as displayed on the Trendster Platform (the “Brand Features”) are the property of Trendster and will remain or be vested in Trendster at all times. Your use of the Trendster 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 the Trendster Platform. Trendster, 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 the Trendster Platform.

3.7 INFLUENCER & BRAND REPRESENTATIONS AND WARRANTIES

  1. Influencers and Brands participating in the Trendster Platform warrant, represent and covenant that:
    1. all information you provide to Trendster upon registering for an Account is true, accurate and complete and not misleading;
    2. any third-party social media accounts to which you link are:
      1. your own accounts;
      2. if the Account refers to a Brand, that you are the authorized representative of the Brand with the right to access its social media accounts and represent its interests; and
      3. if the Account refers to an individual other than you, you are the authorized representative of that individual with the right to access his or her social media accounts and control his or her interests;
    3. You have the right and authority to create an Account and agree to these Terms of Use and the House Rules, including, where relevant, the authority of any Brand or individual to create an Account, agree to these Terms of Use and to use the Trendster Platform on its or his or her behalf;

3.8 ACKNOWLEDGEMENTS

  1. The Brand and the Influencer acknowledge that:
    1. neither the Influencer nor Trendster is required to purchase any of the Brand’s products or services;
    2. Brand may, in its sole discretion, arrange to send an Influencer a sample product. Influencer may request a Brand to send a sample product, but Brand is under no obligation to do so;
    3. Trendster will not be responsible or liable in any way for late delivery or non-arrival or any products sent from a Brand to an Influencer. Address provided by Influencer through the Trendster Platform is not verified by Trendster;
    4. if Brand sends a sample product to an Influencer, there is no guarantee that the Influencer will submit a Post about the product or that any post submitted will be positive. All product reviews must reflect the Influencer’s genuinely held beliefs;
    5. if an Influencer chooses to purchase a product, there is no guarantee that Influencer’s Post(s) about the product will be approved by the Brand;
    6. a product, service or other non-monetary arrangement cannot be offered or used as partial or full payment by a Brand for an Influencer’s Post;
    7. nothing in these Terms of Use grants to the Brand any ownership rights in the Intellectual Property Rights in the Posts or the Influencer’s Identity;
    8. nothing in these Terms of Use grants to the Influencer any ownership rights in the Intellectual Property Rights of the Brand; and
    9. nothing in these Terms of Use requires the Brand to make use of any of the rights granted to the Brand by the Influencer under this Agreement.

3.9 INDEMNIFICATION

  1. You agree to indemnify, and must defend and hold harmless, Trendster 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 the Trendster Platform):
    1. your access to the Trendster Platform;
    2. your breach of these Terms of Use, the House Rules or any of the warranties or covenants given or made by you;
    3. your claim against a Brand for any reason;
    4. your claim against an Influencer for any reason;
    5. any claim by any third party (including any other brand or influencer) arising directly or indirectly from you breach of any of the provisions of these Terms of Use or House Rules;
    6. any claim or allegation that your Content infringes a third party’s rights, including Intellectual Property Rights.
    7. your violation of any applicable laws, rules or regulations; and
    8. any misrepresentation made by you.

3.10 LIMITATION OF LIABILITY

  1. In using the Trendster Platform, you may be exposed to Content that is harmful, obscene, misleading or inaccurate. Under no circumstances will Trendster 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 the Trendster Platform.
  2. Any liability of Trendster to a Brand in connection with these Terms of Use, the House Rules or the Brand’s use of the Trendster Platform, regardless of the form or cause of action, shall be limited to the amount actually paid by the Brand to Trendster for the services related to the Brand’s most recent subscription package. Trendster shall not be liable to Influencers for damages of any kind arising out of the Influencer’s use of the Trendster Platform. Without limiting their foregoing, in no event shall Trendster or any of its associated entities, successors in title, licensees or assigns be liable for any direct, indirect, special, incidental, consequential, punitive or exemplary damages, arising out of, or in connection with, the Trendster Platform, these Terms of Use, the House Rules, or any Post, Content or Campaign. The foregoing limitations apply whether the alleged liability is based on tort, contract, negligence or any other basis, even if Trendster or any other party has been advised of the possibility of such damages.

3.10 DISCLAIMER

  1. Whilst Trendster endeavors to take all reasonable steps to ensure that the Trendster Platform operates as expected, the Trendster 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. Trendster disclaims all warranties of merchantability, non-infringement and fitness for a particular purpose. Trendster does not make any guarantees and does not provide any undertaking that the Trendster 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 the Trendster Platform at your own risk and that Trendster disclaims any and all responsibility for any damage or loss that you may suffer or incur as a result of using the Trendster 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 the Trendster Platform. You assume total responsibility for your use of the Trendster Platform, including compliance with all applicable road rules and regulations. Subject to the Consumer Guarantees, your sole remedy against Trendster for dissatisfaction with the Trendster Platform or any content is to stop using the Trendster Platform or such Content. This limitation of relief is a part of the bargain between the parties.
  2. If the supply of any goods or services by Trendster to a Brand or Influencer constitutes a supply of goods and/or services to a Consumer then subject to the limitation to this clause below and unless the goods and/or services are Consumer Goods or Consumer Services, Trendster’s and its affiliates' and related entities', its servants', employees' and agents' liability for any breach of these Terms of Use, including any liability for any losses or consequential losses which the Brand or Influencer may suffer or incur because of a failure to comply with a Consumer Guarantee will be limited as Trendster may elect in its sole discretion, in the case of services supplied or offered by Trendster, to either (a) the supplying of the services again; or (b) the payment of the cost of having the services supplied again or, in the case of goods supplied or offered by Trendster, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired. This clause does not apply if it is not Fair or Reasonable for Trendster to rely on it.

3.11 PRIVACY

  1. In addition to the purposes of collection set out in its Privacy Policy and Collection Statement, Trendster collects personal information from you for the following purposes: to enable it to administer and provide the Trendster Platform; to connect Brands with Influencers; to publish Posts, to facilitate Payments; to verify your identity; and to assist Trendster in improving the Trendster Platform.

3.12 MONITORING

  1. Trendster reserves the right to monitor the Trendster Platform generally and all Account activity. If your Account shows signs of fraud, abuse or suspicious activity, Trendster may close or freeze the Account immediately. Trendster retains the right and absolute discretion to suspend or terminate your Account, and/or access to the Trendster Platform generally without notice if Trendster believes you have abused any privilege accorded to you as a participant in the Trendster Platform, supplied misleading information or made any misrepresentations to Trendster in connection with the Trendster Platform tampered with the Trendster Platform in any way, breached these Terms of Use or the House Rules, or engaged in any unlawful or other improper misconduct calculated to jeopardize the proper administration of the Trendster Platform. Trendster retains the right to remove any Content that it considers breaches these Terms of Use or the House Rules. In the event of termination or suspension of your Account in accordance with these Terms of Use, you will have no further access to your Account for the duration of the suspension or at all in the event of termination. Trendster’s legal rights to recover damages or other compensation from you are reserved.

3.13 GENERAL TERMS

  1. If the Trendster Platform is not capable of running as planned for any reason beyond the reasonable control of Trendster, 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 the Trendster Platform, or if any social media platform alters its terms of service, access or permission in such a way that affects the Trendster Platform, Trendster reserves the right, in its absolute discretion, to cancel, terminate, modify or suspend the Trendster Platform.
  2. No additional Influencer, Brand or Media Agency originating agreement or other terms and conditions (including purchase order or insertion order terms and conditions) may be imposed on Trendster unless agreed by Trendster in writing and, in such case, if any terms and conditions in an Influencer, Brand or Media Agency originating agreement or other terms and conditions are inconsistent with these Terms of Use, these Terms of Use shall prevail to the extent of any inconsistency.
  3. If you are using the Trendster Platform on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Trendster and govern your use of the Trendster Platform, superseding any prior agreements between you and Trendster. You will not assign any rights or obligations under these Terms of Use, in whole or in part, to any third party without the prior written consent of Trendster. Trendster may assign its rights or obligations hereunder at its sole discretion.
  4. If any clause or part of any clause is in any way unenforceable, invalid or illegal, it is to be read down and amended so as to be enforceable, valid and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed from these Terms of Use without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.

3.13 CONTACT AND HELP DETAILS

You may contact Trendster via:

Email: info@trendster.io

3.14 INTERPRETATION

  1. In these Terms of Use
    1. clause headings are inserted for convenience and are not to be used in the interpretation or construction of these Terms of Use;
    2. words importing any gender include all other genders;
    3. the singular includes the plural and vice versa;
    4. a word that is derived from a defined word has a corresponding meaning;
    5. including and includes are not words of limitation;
    6. a reference to a natural person includes their personal representatives, successors and permitted assigns; and
    7. Party means a party to these Terms of Use.
  2. The following terms have the following meanings in these Terms of Use:
    1. “Account” means a Brand Account or an Influencer Account;
    2. “Brand” means any person or entity, or its duly authorized agents or representatives, that use the Trendster Platform for the purpose of creating Campaigns;
    3. “Brand Account” means an account to use the Trendster Platform to create campaigns and purchase subscription packages.
    4. “Brand Fee” means the stated fee payable by a Brand to Trendster in respect of a purchased subscription package.
    5. “Accounts” means the social media Accounts of an Influencer, such as Instagram.
    6. “Community” means an Influencer’s social media following on its Accounts.
    7. “Content” means a Post or any other content uploaded to the Trendster Platform by a Brand or an Influencer.
    8. “Influencer” means a social media influencer who registers to use the Trendster Platform to create and distribute Posts and receive compensation for such Posts from the Brand.
    9. “Influencer Account” means an account created by the Influencer.
    10. “House Rules” means the code of practice and conduct that must be adhered to by Influencer’s and Brands.
    11. “Influencer’s Identity” means the name, image, likeness, character and online persona of the Influencer.
    12. “Intellectual Property Rights” means all present or future intellectual property rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trademarks, service marks, trade names, domain names, designs, Confidential Information and Know-How and similar industrial, commercial and intellectual property rights, whether or not registered, and includes the right to apply for the registration of such rights.
    13. “Payment” means payment from Brand to Influencer for approved posts, or from Brand to Trendster L.L.C for subscription packages.
    14. “Post” means a social media post created by an Influencer to be shared with the Influencer’s Community via the Influencer’s Accounts.
    15. “Post Fee” means the fee an Influencer nominates as the amount it will charge a Brand to share a Post with the Influencer’s Community via the nominated Account.
    16. “Trendster” means Trendster L.L.C
    17. “Trendster Materials” means the Trendster Platform and any associated materials owned, developed or licensed by Trendster and made available via the Trendster Platform;
    18. “Trendster Platform” means the Trendster website and any associated Trendster properties or websites.