MuseFind TERMS OF SERVICE Last Updated: June 2016
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.
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.
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.
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.
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.
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.
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. Failure to provide us information about yourself and your business when requested is a violation of these Terms of Service. 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.
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.
You acknowledge and agree that a percentage of the compensation MuseFind receives for making the Platform available to you is collected as a deduction of the Service Fee. MuseFind only deducts this Service Fee when a brand and an influencer pay and receive payment through the Platform. Therefore, for 6 months from the time you identify or are identified by any party through the Platform (the “Exclusivity Period”), you must use the Platform as your exclusive method to request, make, and receive all payments for work directly or indirectly with that party or arising out of your relationship with that party.
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 (ideally, when you 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.
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.
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.
Through our site, MuseFind encourages you to leave objective balanced feedback about brands or influencers with whom you have collaborated. You acknowledge that feedback results for you may consist of comments and ratings left by other users and that MuseFind may calculate a composite feedback number based on the compilation of these individual ratings.
If, at our 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.
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.
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.
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.
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.
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.
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 terminated by either you or us. You may terminate these Terms of Service at any time by notifying us 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.
MuseFind does not offer any cancellation or refunds during the agreed upon time frame as stated on the payments section of the user’s account.
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.
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.
Any questions or concerns about the Terms of Service should be sent to us at email@example.com.
By using this site, you understand and agree to the terms of this 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.
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): (i) name and identity, email address, physical and virtual contact information (including home and/or office address), biographical and professional information, association affiliation, demographic data, and financial information; (ii) transactional information based on your activities on the Site; (iii) shipping, ordering, billing and other similar information you provide to purchase or ship an item or service; (iv) community discussions, chats, dispute resolution, correspondence through the Site, and correspondence sent to us; (v) computer sign-on data, time and date data, statistics on page views, your IP address, your GPS location, the type of computing environment you use, and 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); (vi) other technical information or data collected from Site traffic, including IP address and standard web log information and information gathered from cookies, beacons and other mechanisms; (vii) supplemental or additional information we may request from you in the event previous information you’ve provided cannot be verified; (viii) Your Content (as that 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; (ix) Third-party account credentials (for example, your log-in credentials for Instagram, YouTube, Facebook, Twitter, 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; and (x) 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.
MuseFind collects and uses your personal information to operate and improve our sites, to process your transactions, to provide customer service, to perform research and analysis aimed at improving our products, services and technologies, and to display content that is customised to your interests and preferences.
We 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.
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.
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.
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.
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.
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
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.
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.
MuseFind INFLUENCER SPECIFIC TERMS Last Updated: June 2016
Through the Platform, you will be able to view the profiles of both Brands & Influencers who have registered with the Platform and have made their profiles public. If a Brand selects you for a Collaboration through the Platform, you will enter into a Collaboration Agreement with that Brand on terms and conditions that have been agreed upon between you and the Brand (“Collaboration Agreement”). The Collaboration Agreement may contain (a) Collaboration type (b) payment amount (c) payment terms, and (d) any other terms and conditions as agreed upon.
You agree to create the Content/Media for the applicable Brand consistent with Photo Requirements/Guidelines set forth by the Brand on or before the delivery date specified in the Campaign Information, as communicated by MuseFind.
You agree to submit/upload those content onto the Platform so Brand can review those content.
The Brand will review the Content that you upload onto the Platform. Brand will then determine whether to accept the Content and the decision will be communicated to you by MuseFind. If the Brand elects not to accept the Content submitted, MuseFind will notify you of the rejection, their reasons and any requested revisions to be made. You agree to allow the Brand ONE (1) Round of feedback and edits with respect to the Content/Media that you’ve proposed and to carry out any such requested edits to align with the Photo Requirements/Guidelines.
If you do not want to provide the requested revisions, you will not receive the 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.
MuseFind will release the payment owed to you for each of your Campaigns when you have completed the delivery consistent with the Campaign Terms. This would mean that you have completed the requirements set by the brand including posting the number of posts required and other applicable terms.
MuseFind will make such payment via the agreed payment method. Currently, the method of payment that is used is 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. This might occur when you’ve breached any of your representations, warranties or obligations regarding the Content Requirement or other parts of this Terms of Service. When this occurs, MuseFind will inform you of the breach of collaboration 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.
MuseFind BRAND SPECIFIC TERMS Last Updated: June 2016
MuseFind will use reasonable and available commercial efforts, including MuseFind’s technology to : 1. identify relevant Influencers for you to review and select consistent with your Campaign Description 2. manage the Influencers selected by you in connection with Content generation process. 3. help to resolve any potential conflict or disagreement that occurs between You and Influencers
As you will have the right to select the Creators 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 Condition will be determined as “Out of Scope” and an addendum (“Addendum”) to the Campaign Terms, which will further specify what additional tasks are required and the effect on both the timing and pricing of the project. The Addendum must be agreed upon by both the Influencer and Brand before Influencer will have an obligation to perform the additional items and services.
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 the You on or before the delivery date specified in the Campaign Information communicated by MuseFind.
Influencers agree to submit/upload their proposed content onto the Platform so you can review those content.
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, MuseFind 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.
You have agreed to be bound for the contract time period as agreed upon in the 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, unless either party gives the other written notice of non-renewal at least thirty days before the end of the relevant subscription term. 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.
MuseFind 10 % of the influencer payment deposit that you deposited. We’ll payout the 90 % portion of the influencer deposit.
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 re-activation fee to reinstate your access.