Terms & Conditions

Last Updated: June 4, 2018

Update: MuseFind’s Privacy Policy will be changing effective May 25, 2018.

Terms of Service

Overview

This website/platform located at http://musefind.com, hereby referred to as the “Platform” is owned and operated by MuseFind Technologies Inc, hereby referred to as “MuseFind”. Throughout the Platform, the terms “we”, “us” and “our” refer only to MuseFind. This website, including all information, tools and services, is only offered to be used by you (“the User”) upon your acceptance of all terms, conditions, policies and notices that will be described below.

Content is defined as any types of media produced by the Influencers (or produced by the Brand) that are meant to be distributed publicly to the end-users through Social Media or other Channels.

The usage of our “Service” is bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Platform, including - without limitation - users who are bloggers/influencers, brands, vendors, customers, content/campaign contributors and/or visitors.

Please read and review these Terms of Service and documents referenced herein (collectively, this “Terms of Service” or the “MuseFind Platform Agreement”) thoroughly and carefully before using the Platform.

By using/accessing any part of the Platform, you accept and agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you should stop accessing/using the Platform immediately. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. If you are acting on behalf of other (either a legal entity or other person), you represent that you have the authority to bind such person or legal entity.

Any new Contents/Features which are added to the Platform shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. It is your responsibility to check this page periodically for changes. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Platform except if prohibited by applicable law. Your continued use of the Platform or the Platform Services after the effective date of a revised version of this Agreement constitutes your acceptance of its terms and your agreement to be bound by these terms.

Purpose of the Site & Site Services

The Platform is a platform where brands and content creators (each, an “Influencer”) can identify/find and connect with each other, as well as enter into a Collaboration Agreement for the purpose of creating promotional online media content for products or services. Subject to the terms of these Terms of Service, MuseFind provides the Platform’s services to brands, agencies, and influencers, including hosting and maintaining the Platform, enabling the creation of Collaboration Agreements, and managing any disputes related to those Collaboration Agreements.

If a brand and influencer agree on the terms of the Collaboration, a Collaboration Agreement is formed directly between such brand and influencer. When the brand and the influencer enter a Collaboration Agreement, they use the Platform to coordinate the Collaboration, as well as manage the collaboration schedule and payment.

Influencers marketing their services through the platform are independent organizations and not contractors, agents or employees of MuseFind. MuseFind is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any influencer or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom and takes no responsibility whatsoever for campaigns created by influencers.

Additional User Terms

In addition to the Terms of Service, as an additional condition to use the Platform, depending on your role as a brand or influencer, you also agree to the Brand-Specific Terms and to the Influencer-Specific Terms.

Usage of the Site

You may not use the Platform for any illegal or unauthorized purpose which may violate any laws in your jurisdiction of residence (including but not limited to copyright laws).

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your written consent to allow any of your minor dependents to use this site. By agreeing to these Terms of Service, you also represent that you are competent to enter into the agreements, conditions, terms, obligations, representations and warranties set forth in these Terms of Service and are able to comply with these Terms of Service.

A breach or violation of any of the Terms will result in an immediate termination of your services. For any reason, including the violation of the Terms of Service, we also reserve the right to deny or reject access to the Platform and our Service to anyone at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

No duplication, reproduction, or resale transactions of any portion of the Service, use of the Service, or access to the Platform are allowed without express written permission by us.

Accuracy, Completeness, and Timeliness of Information on the Site

We are not responsible if information made available on this Platform is not accurate, complete or current. The material on this Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Platform is at your own risk.

Sign Up & Registration Process

You agree to provide truthful, accurate and complete information on all registration and other forms during the Sign-Up process (“Sign Up Data”), and to continuously update that information to be truthful, accurate and complete. Inaccurate/intentionally incomplete information may result in termination of your access to the Platform and our Service. Registering for more than one user account per person is prohibited except if written permission is obtained from us.

Influencers must accept our Terms of Use, Privacy Policy, Community Guidelines and the relevant Campaign Terms before they become active in any Campaign. If you are between 13 and 18 years of age or fall under the underage limit of your country, state or province, you must also have your parent or guardian complete a consent form before you can participate in a campaign. If an influencer is under the age of 18, he or she is prohibited from participating in a campaign unless his or her social media account used for a particular campaign is managed by his or her parent(s) or legal guardian(s).

When you register for an account on our Platform and from time to time thereafter, your account may be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity. You authorize MuseFind to, directly or through third parties, make any inquiries necessary to validate your identity and confirm your ownership of your email address or financial accounts, subject to applicable law. We do not guarantee the authenticity of the identity or the status of any users of MuseFind. You acknowledge that other users of MuseFind may be acting deceptively or acting without authority.

When you register for an account on the Platform, you will be asked to choose a username and password for the account (“Login Information”). You agree to protect and safeguard your Login Information and notify us immediately in case the information becomes compromised.

Modifications to the Service and Prices

Prices for our services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Service (Transaction) Fees

You acknowledge and agree that a percentage of the compensation MuseFind receives for making the Platform available to you is collected through Service (Transaction) Fees. The rate (in %) for the Service (Transaction) Fees are disclosed on the platform and may change without notice.

Non-Circumvention Policy

You agree not to circumvent the Payment Methods offered by the Platform. By way of illustration and not in limitation of the foregoing, you must not: Submit collaboration proposals or solicit other parties identified through the Platform to contact, hire, manage, or pay outside the Platform. Accept collaboration proposals or solicit parties identified through the Platform to contact, deliver services, invoice, or receive payment outside the Platform. Invoice or report on the Platform or in an Opt-Out Fee request an invoice or payment amount lower than that actually agreed between brands and influencers.

Payment

All amounts listed on MuseFind are denominated in United States Dollars (USD).

Before you are completing a Collaboration Agreement on the Platform (prior to sign up) you are required to provide the following information:

  • • Full Legal Name
  • • Physical Address
  • • Tax-related Information (depending on Jurisdiction)
  • • Other Information as required by applicable law

MuseFind reserves the right to charge credit cards or otherwise process payment for services rendered. The user agrees to pay any fees accrued by using the services.

Formal Invoices & Taxes

MuseFind shall have no responsibility for determining the necessity of, or for issuing any formal invoices, or for determining, remitting, or withholding any taxes applicable to the influencer fees. Influencers shall be solely responsible for determining whether it is required by applicable law to issue any formal invoices for the influencer fees, or for issuing any invoices so required.

Third Party Tools & Links

From time to time, we may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Platform is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Platform (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

User Comments, Feedback, Ratings, and Other Submissions

If, at MuseFind’s request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service, or any related website. You may not use a false user or/and pretend to be someone other than yourself or/and otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

When sharing any MuseFind-related posts on various social media platforms such as Instagram, Facebook, YouTube, Path, Twitter, Pinterest and other platforms, you agree to conform to the site’s respective terms and policies.

Content Usage

By using the Platform, you agree that content usage rights are the shared responsibility between Brand and Influencer as specified by the Collaboration Terms and as negotiated between the Brand and the Influencer (or by MuseFind on behalf of the brand). Depending upon the agreed upon Collaboration Terms and the Subscription Pricing Package, the Uploaded content by the Influencer may be downloaded by Brand or MuseFind for commercial purposes. MuseFind will not be liable for improper content usage.

Personal Information

Your submission of personal information through MuseFind is governed by our Privacy Policy below. In case of inconsistency between the Terms of Service and the Privacy Policy, these Terms of Service shall prevail.

Errors, Inaccuracies, and Omissions

The materials appearing on the Platform could include technical, typographical, or photographic errors. MuseFind does not warrant that any of the materials on its web site are accurate, complete, or current. MuseFind may make changes to the materials contained on its web site at any time without notice. MuseFind does not, however, make any commitment to update the materials. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel collaborations at any time without prior notice, if any information in the Service or on any related website is inaccurate.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Platform or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimer of Warranties: Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The materials on the Platform are provided “as is”. MuseFind makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, MuseFind does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this Platform.

Indemnification

You agree to indemnify, defend and hold harmless MuseFind and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until subscription is terminated by either you (Brand or Influencer) or us (MuseFind). To terminate these Terms of Service at any time notification via email that you no longer wish to use our Services, or when you cease using our Platform.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

MuseFind shall also charge brands the full dollar amount of a subscription that was agreed upon prior to engaging in the use of the Platform and our Service, in the case that the brand decides to cease the use of the Platform or Service before the previously-set end date of the brand’s subscription to MuseFind.

Cancellation

MuseFind does not offer any cancellation or refunds during the agreed upon time frame.

Should the user terminate the agreement prior to the end of the agreed terms of activation, the user agrees to forfeit the remaining balance in full.

We reserve the right to change the terms of engagement at any time with sufficient prior notice.

If your campaign on The Platform has moved past the Pending phase, you must give a 30 day written notice to MuseFind at collabs@musefind.com for your cancellation. This is to ensure the liability of work committed to be completed with the influencers you have agreed to engage with.

Governing Law

Any claim relating to MuseFind’s Platform and Service shall be governed by the laws of the Province of British Columbia, Canada, without regard to its conflict of law provisions.

Contact Information

Any questions or concerns about the Terms of Service should be sent to us at collabs@musefind.com.

Privacy Policy

MuseFind Technologies, Inc (“MuseFind”) is the producer and owner of MuseFind (collectively referred to here as the/our “Platform”, or “Site”), which is a web and mobile based platform that provides Brands and Marketing Agencies the ability to manage their Influencer Marketing campaign(s).

In this MuseFind Privacy Policy (“Policy”), “we”, “us”, “its” and “our” refer to MuseFind Technologies, Inc. (“MuseFind”), and “you” and “your” refer to you. Before using any of the services, products, features, functionality, Licensed Materials, and Content made available through http://MuseFind.com and any web pages that are a part of https://MuseFind.com (the “Site”), please carefully read this Policy relating to your use of the Site.

In accordance with applicable data protection and privacy laws, we have set up procedures to ensure that your personal information is handled responsibly and kept secure and private. This privacy policy describes what information we collect when you use our Platform, how we use that information, and what choices we offer you to access, update, and control it.

MuseFind is committed to protecting your privacy. This privacy policy tells you about our online collection and use of data. The terms of this policy apply to all MuseFind websites, unless different terms are specified in a form or contract provided to you online or offline. Any capitalized terms used in this Policy without definition is a Key Term that will be defined in the MuseFind Technologies Inc. Terms of Service.

By creating a MuseFind account, and continuing to use this Platform, you opt-in and agree to our Terms of Service and Privacy Policy. This site is owned by MuseFind and may be accessed in the United States and abroad. For data protection purposes, MuseFind is the controller and, unless otherwise noted, is also the processor of data. Information collected may be retained, and may be stored, processed, accessed, and used in jurisdictions whose privacy laws may be different and less protective than those of your home jurisdiction.

Collection of Your Personal Information

In order to use the Platform an account is required. The following personal information about you may be collected and stored by us (which will be in addition to the information we collect as described in the MuseFind Terms of Service):

  • A) Account Data

    We collect information about you when you register for an account, create or modify your profile, set preferences, sign-up for or make purchases or receive payment through the Platform. This may include:

    • (i) full name
    • (ii) physical address
    • (iii) email address
    • (iv) phone number
    • (v) username
    • (vi) password
    • (vii) third party credentials (for example, your log-in credentials for Instagram, YouTube, Facebook, Twitter, Google or other third party sites) that you provide to us. If you provide your third-party account credentials to us, you understand some content and/or information in those accounts may be transmitted into your account with us if you authorize such transmissions, and that such information transmitted to our Site is covered by this Policy)
    • (viii) information that you voluntarily provide to us. Limited demographic information, such as industry you work in, is sometimes collected and may be linked to your personal information
  • B) Payment Data

    We collect certain payment and billing information when you register for certain paid Services. This may include:

    • (i) full name
    • (ii) physical address
    • (iii) email address
    • (iv) phone number
    • (v) username
    • (vi) password
    • (vii) third party credentials (for example, your log-in credentials for Instagram, YouTube, Facebook, Twitter, Google or other third party sites) that you provide to us. If you provide your third-party account credentials to us, you understand some content and/or information in those accounts may be transmitted into your account with us if you authorize such transmissions, and that such information transmitted to our Site is covered by this Policy)
    • (viii) information that you voluntarily provide to us. Limited demographic information, such as industry you work in, is sometimes collected and may be linked to your personal information
  • C) Demographic Information

    We collect information about you when you use our Services, including browsing our websites and taking certain actions within the Services.

    • (i) computer sign-on data
    • (ii) time and date data
    • (iii) statistics on page views
    • (iv) your IP address(es)
    • (v) your GPS location
    • (vi) the type of computing environment you use
    • (vii) the traffic to and from the Site (including data about you whenever you interact with the Site, such as when you search, click on links, send messages, make comments, replies or queries, and select best replies)
    • (viii) other standard web log information and information gathered from cookies, beacons and other mechanisms
  • D) Collab Content

    We collect information about you when you use our Services, including browsing our websites and taking certain actions within the Services.

    • (i) Your Content (term is defined in the MuseFind Terms of Service) and any other information that you choose to make available via the Site or that other users of the Site share about you
Consent

Proof of consent is made evident in the following events:

  • For Brands and Marketing Agencies
    • • When you create a MuseFind Account
    • • Clicking “I Agree” during Campaign Set Up
  • For Influencers
    • • When you create a MuseFind Account
Withdrawl of Consent (or Opt Out)

To withdraw your consent for the use of our Platform, simply provide written verbiage of account withdrawal/removal with the subject: ‘Remove my account’ to collabs@musefind.com and we will remove your access to our Site(s).

Use of Your Personal Information

MuseFind collects and uses your personal information for collaboration purposes between Brand/Marketing Agency, MuseFind and Influencers. Other uses of your personal information may include: to process your transactions, to provide customer service, to perform research and analysis aimed at improving our products, services and technologies.

We may also use your personal information to communicate with you. We may send transaction-related communications such as welcome letters, billing reminders and purchase confirmations. We may also send you surveys or marketing emails to inform you of new products or services or other information that may be of interest. If you do not wish to receive marketing emails, you may adjust your “Personal Information Preferences” as described below or follow the “unsubscribe” instructions included within each email communication.

If your account is deactivated or disabled, some of your information and the content you have provided will remain in order to allow your collaboration with the Brand, Agency or MuseFind to make full use of the Platform. For example, we continue to display your collaboration content for the campaign(s).

Sharing of Your Personal Information

Except as disclosed in this privacy policy, MuseFind does not share your personal information with any outside parties. We may share your personal information within our corporate group, including with our subsidiaries and divisions, all of whom may use your information for the purposes disclosed herein.

We may share your personal information with service providers who perform services on our behalf. For example, we may hire other companies to handle the processing of payments, to provide data storage, to host websites, to fulfil orders and shipments, to assist in direct marketing, to conduct audits, etc. Those companies will be permitted to obtain only the personal information they need to provide the service. They are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose.

Information about our customers, including personal information, may be disclosed as part of any merger, acquisition, or sale of the company and/or its assets, as well as in the unlikely event of insolvency, bankruptcy, or receivership, in which personal information would be transferred as one of the business assets of the company. We will notify you of such an occurrence as described in the “Changes to This Privacy Policy&sdquo; section below. We reserve the right to disclose your personal information if required to do so by law, or in the good-faith belief that such action is reasonably necessary to comply with legal process, respond to claims, or protect the rights, property or safety of our company, employees, customers, or the public.

Use of Cookies and Other Technologies

MuseFind uses “cookies” to enable you to sign in to our services and to help personalise and improve your online experience. A cookie is a small text file that is placed on your hard drive or device. Cookies contain information, including personal information that can later be read by a web server in the domain that issued the cookie to you. The information that cookies collect includes the date and time of your visit, your registration information, and your navigational and purchase history.

Cookies offer you many conveniences:

  1. Cookies save you time by eliminating the need to repeatedly enter the same information.
  2. Cookies help to protect your security by checking your login details and may help prevent fraud.
  3. Cookies remember your preferences when using the site.

MuseFind also works with third-party partners, who use cookies on our site to:

  1. Measure and analyse aggregate usage and volume statistical information from our users on our site. Information gathered may include, but is not limited to the following: activity of the user browser when the user is visiting the site, the site path of users, general information regarding the visitor’s Internet service provider and host, and the time users come to the site.
  2. Remember our users’ previous search of services, and dynamically display more relevant content to them.
  3. Record users’ behaviour on our site, such as pages visited, emails clicked, forms completed and products and services purchased to create customised advertisements and communications that better meet your needs.
  4. Evaluate user traffic and behaviour on the site to compile activity reports for our internal use only.
  5. Conduct research and diagnostics to improve our products and services.
  6. Identify users arriving at the site via a referral from an affiliate website or sponsored link.

This privacy policy covers the use of cookies by MuseFind only, and does not cover the use of cookies by third parties. In addition to cookies, we may use other technologies, including single-pixel gifs (also known as web beacons) on our websites and in promotional e-mail messages or newsletters. These tiny electronic images assist us in determining how many users have visited certain pages or opened messages or newsletters. We do not use these single-pixel gifs to collect personal information.

You have the ability to accept or decline cookies. Most browsers automatically accept cookies, but you can modify your browser setting to decline cookies. Please be aware that the site is optimally designed to operate with cookies enabled in your Internet browser. If you choose to decline cookies, you may not be able to sign in or use other interactive features of our sites and services that depend on cookies. This may negatively impact your experience of the site.

Security of Your Personal Information

The security of your personal information is important to us. We follow generally accepted industry standards to help protect your personal information. For instance, when you enter sensitive information (such as a credit card number) on our registration or order forms, we use third party payment software such as Stripe and Paypal that uses secure socket layer (SSL) technology. No method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security. If a password is used to protect your account and personal information, it is your responsibility to keep your password confidential.

Children

We do not intend to solicit or collect personal information from anyone under the age of 18. If you are under 18, you should not use or enter information on this site, including without limitation.

Links

We may link to websites, including those of our third-party content providers, that have different privacy policies and practises from those disclosed here. We assume no responsibility for the policies or practises of such linked sites, and encourage you to become acquainted with them prior to use.

Changes to This Privacy Policy

We reserve the right to change the terms of this Policy at any time. The “last updated” section at the top would have the latest version of the Policy. If there are material changes to this statement or in how MuseFind will use your personal information, we will notify you by prominently posting a notice of such changes here or on our homepage, or by sending you an email. We encourage you to review this policy whenever you visit one of our sites.

Contact Information

If you have questions or concerns regarding this privacy policy you can contact MuseFind by emailing collabs@musefind.com, or by phone at 1-855-687-3247 © 2018 MuseFind Technologies Inc. All rights reserved. Privacy Policy.

Brand Specific Terms

(I) BRAND’S RESPONSIBILITIES

MuseFind will use reasonable and available commercial efforts, including MuseFind’s technology to:

  1. Communicate directly with influencers on The Platform;
  2. Use The Platform to manage influencers throughout the campaign process;
  3. Provide live, updated analytics on influencers in your campaign during their posting phase to ensure you have up-to-date statistics on performance and;
  4. Provide basic influencer discovery results through a self-serve keyword search as needed.

As you will have the right to select the Influencers during the Influencer Selection process , MuseFind is not responsible for the Influencers nor the Content (including the Campaign Media) or the conduct of Influencers. In addition, you agree that neither MuseFind nor the Influencers shall be responsible for any late delivery of the Content that is caused in whole or in part by any delay or failure on the part of Brand to exercise the review and approval rights by the required dates set out in the Campaign Terms or to otherwise exercise the review and approval rights within a reasonable period of time in accordance with this Agreement.

MuseFind and Influencers also are not responsible for any damages/missing items resulted from the shipments of the products. We encouraged you to ship using tracking number and to get appropriate shipping insurance for products that are valuable.

Additional items requested (examples: more posts than agreed upon, additional content required for Brand’s marketing use) not covered in the Campaign Terms and Conditions must be agreed upon by both the Influencer and Brand before Influencer will have an obligation to perform the additional items and services.

(II) Content Creation, Submission, Review, Acceptance, and Revisions

(II) A. Content Creation

Influencer that have been confirmed and entered into a collaboration have agreed to create the Content/Media for the applicable Brand consistent with Photo Requirements/Guidelines set forth by You (Brand) on or before the delivery date specified in the Campaign Invitation or Campaign Dashboard communicated on the MuseFind Platform.

(II) B. Content & Caption Submission

Influencers agree to submit/upload their proposed content onto the Platform so you can review those content. Caption submission feature will depend on the subscription package selected.

(II) C. Content Review, Acceptance, and Revisions

You will review the Content that the Influencers upload onto the Platform. You will then determine whether to accept the Content and the decision will be communicated to the Influencers through the Platform. If you elect not to accept the Content submitted, You (Brand) will notify the Influencers of the rejection and any additional comments for revisions to be made. You agree to allow the Influencers ONE (1) Round of feedback and edits with respect to the Content/Media that you’ve requested to align with the Photo Requirements/Guidelines.

Influencer content uploaded onto the Platform for the Brand’s review may be downloaded by the Brand or MuseFind (on behalf of the Brand). For specifics, compliance and agreement, refer to Content Usage section above.

(III) Fees & Payment

(III) A. Subscription Fees

You have agreed to be bound for the contract time period as agreed upon in the subscription contract. (e.g. 3 months or 1 year). All subscriptions (if applicable) will automatically renew for additional periods equal to the expiring subscription term or one year, whichever is shorter.

The pricing during any such renewal term will be the MuseFind Platform list price in effect as of the effective date of renewal unless the parties have agreed otherwise.

Subscription Fees are due upfront before access to The Platform is granted, unless Subscription is set to automatically renew.

(III) B. Influencer Payment

Influencer payment deposit is required prior to the commencement of Collaboration Terms. Upon a mutual agreement of rate between Brand and Influencer, Brand is required to Deposit funds onto The Platform. Deposit is held by MuseFind for Influencer’s insurance that agreed Collaboration Terms are serious and forthcoming. Influencer payment deposit will be released to Influencer upon the completion of the Collaboration Terms.

The Influencer payment deposit includes the Service (Transaction) Fees as described above.

(III) C. Non-Payment

In addition to other rights to suspension in this Terms of Service, we may suspend your access (including access by all of your Authorized Users) to all or any part of the Platform upon fifteen (15) days’ notice to you of non-payment of any undisputed amount that is past due. If your access to the Platform is suspended for non-payment, we may charge a reactivation fee to reinstate your access.

Influencer Specific Terms

(I) Collaboration Agreement

Through the Platform, you will be able to participate in campaigns that you have been requested into. If a Brand selects you for a Collaboration (campaign participation) through the Platform, you will enter into a Collaboration Agreement with that Brand on the Terms & Conditions that have been agreed upon between you and the Brand (“Collaboration Agreement”) as shown in the initial Campaign Invitation Email. The Collaboration Agreement will contain:

  • (a) Social Platform
  • (b) Collab Terms
    • A. Campaign Start Date (refers to Posting Start Date)
    • B. Product Selection
    • C. Shipping Details
    • D. Compensation
    • E. Posting Requirements
    • F. Content Usage
  • (c) any other Terms & Conditions as agreed upon

You acknowledge that You are performing services directly for the Brand(s), and not MuseFind, and that MuseFind is not a party to and will be in no way responsible for the performance of either you or the Brands under any Collaboration Agreement, except for facilitating the transmission of payment from the Brands to You on their instructions in accordance with these Terms & Conditions. MuseFind does not make any representations or warranties of any kind in respect of the Brands or a Collaboration Agreement. You also agree to act in good faith when negotiating and performing your obligations under each Collaboration Agreement.

(II) Content Creation, Submission, Review, Acceptance, Revisions, Post Confirmation

(II) A. Content Creation

You agree to create the Content/Media for the applicable Brand consistent with Photo Requirements set forth by the Brand on or before the delivery date specified in the Campaign Details, as communicated by MuseFind or the Brand upon the Invitation Email. Revisions to the Collaboration Agreement may be discussed between You and the Brand directly, and as such, You agree to comply with these revisions.

(II) B. Content Submission

By accepting the Collaboration Agreement, You agree to comply with all of the Collab Terms. You agree to upload content relevant to the Collaboration Agreement onto the MuseFind Platform so the Brand can review your content prior to posting on your social account. Failure to upload content or communicate with the Brand and MuseFind, after campaign acceptance, may result in removal from the campaign and Platform.

(II) C. Content Review, Acceptance, and Revisions

  • i) Content Review and Acceptance

    The Brand will review the Content that you upload onto the Platform. The Brand will then determine whether to accept the Content, upon their decision, this will be communicated to you by the Brand or MuseFind. If the Brand elects not to accept the Content submitted, the Brand or MuseFind will notify you of the rejection, their reasons and any requested revisions to be made. Upon receiving the Brand’s approval for Your content, You are required to post within a reasonable amount of time consistent with the Campaign Start Date within the Collab Terms, by the latest. A reasonable amount of time is defined by the parameters set within the Collab Terms, or 1 week after approval, if applicable.

    Influencer content uploaded onto the Platform for the Brand’s review may be downloaded by the Brand or MuseFind (on behalf of the Brand). For specifics, compliance and agreement, refer to Content Usage section above.

  • ii) Revisions

    You agree to allow the Brand ONE (1) Round of feedback and edits with respect to the Content that you have proposed and to carry out any such requested edits to align with the Posting Requirements/Guidelines. If you do not want to provide the requested revisions, you will not receive payment otherwise due to you among other remedies. You will also be required to ship the items back to the Brand and bear any costs associated with the shipping of the product back OR you can waive this requirement to ship back if you pay the full price of the product. If there are any disputes between You and the Brand regarding product and failure to comply, MuseFind will act as the arbitrator to resolve the conflict.

(II) D. Post Confirmation

You agree to confirm the approved Post(s) are Live on your social account by pasting the Live Post URL onto the approved Post(s) as found on your MuseFind platform prior to receiving payment. You agree to keep approved Post(s) Live on your social account indefinitely, unless otherwise stated in the Collab Terms or agreed upon live posting period between You and Brand.

(III) Fees, Payments, & Taxes

MuseFind will release the payment owed to you for each of your Campaigns when you have completed the delivery consistent with the Collab Terms. This means that you have completed the Posting Requirements set by the brand including all the agreed upon Collab Terms.

Failure to comply with the Collab Terms may warrant revision of content or your removal from this campaign. For any revision of content, new content must be uploaded onto the MuseFind platform for approval. If you are removed from a campaign, you are expected to return any received product and forgo compensation. Shipping costs of returning product will be assumed by you as the influencer, if requested by the brand.

MuseFind or Brand will send payment via PayPal or other agreed payment method. Payment (if applicable) will be sent via PayPal and you are responsible for any fees charged by PayPal.

If MuseFind or the Brand disputes any amounts owed to you pursuant to the Campaign, MuseFind may withhold payment of the disputed amount but will pay undisputed amounts then due and owing. Such event is an example of any breach of your representations, warranties or obligations regarding the Posting Requirement or other parts of this Terms & Conditions. If or, when this occurs, MuseFind will inform you of the breach of Collab Terms and, subject to the Brand’s approval, you might be given an opportunity to remediate such breach.

As you are not a contractor nor an employee of MuseFind, you are solely responsible for payment of all income-related taxes owed with respect to payment made to you.

Appendix

  • (a) Social Platform: this is the social media platform as specified in your Campaign Invitation Email
  • (b) Collab Terms: as specified by your Campaign Invitation Email