Terms & Conditions

ACCEPTANCE OF THE TERMS OF USE

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”) constitute a legally binding agreement made between you, whether acting personally or on behalf of an entity (“you”) and SocioCreator, (the “Company”, “we”, “us”, or “our”), concerning your access to and use of the SocioCreator.com website as well as any other content, functionality, and services offered on or through the sociocreator.com website (collectively, the “Website”), whether as a guest or a registered user. 

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [will mentioned our policies link], and incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This website is offered and available to users who are 16 years of age or older and reside in India or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age or are otherwise enabled to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.  However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.  You are expected to, and agree to, check this page each time you access this website so you are aware of any changes, as they are binding on you.

ACCESSING THE WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this website and any service or material we provide on it in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the website, or the entire website, to users, including registered users.

To access the website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the website that all the information you provide on the website is correct, current, and complete. You agree that all information you provide to register with this website or otherwise, including, but not limited to, through the use of any interactive features on the website, is governed by our privacy policy, and you consent to all actions we take with respect to your information consistent with our privacy policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement there of) (the “Content”) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except incidentally to your personal, non-commercial use.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

If you wish to make any use of material on the website other than that set out in this section, please address your request to: yet to be mentioned

TRADEMARKS

The Company name, the Company logos, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

PROHIBITED ACTIVITIES

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You may not access or use the Website for any purpose other than that for which we make the website available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Website, you agree not to:

1. 1. Use the Website in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the India or other countries).
2. Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
3. Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
4. Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
5. Circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein.
6. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website.
7. Use any information obtained from the Website in order to harass, abuse, or harm another person.
8. Engage in unauthorized framing of or linking to the Website.
9. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website.
10. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
11. Use any device, software, or routine that interferes with the proper working of the Website.
12. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar spyware or passive collection mechanisms/devices.
13. Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website.
14. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website to you.
15. Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website.
16. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website.
17. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorized script or other software.
18. Make any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
19. Use the Website as part of any effort to compete with us or otherwise use the Website and/or the Content for any revenue-generating endeavor or commercial enterprise.

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SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Website (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. By submitting suggestions or other feedback regarding the Website, you agree that we can use and share such feedback for any purpose without compensation to you.

WEBSITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

RELIANCE ON INFORMATION POSTED

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

CHANGES TO THE WEBSITE

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

1. Link from your own or certain third-party websites to certain content on this Website.
2. Send emails or other communications with certain content, or links to certain content, on this Website.
3. Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

1. Establish a link from any website that is not owned by you.
2. Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
3. Link to any part of the Website other than the homepage.
4. Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice, in our discretion.

LINKS FROM THE WEBSITE

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

USER DATA

We will maintain certain data that you transmit to the website for the purpose of managing the performance of the Website, as well as data relating to your use of the Website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the website. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS,AND SIGNATURES

Visiting the website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the website, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature, the delivery or retention of non-electronic records, payments, or the granting of credits by any means other than electronic means.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS,OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION,WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100 US DOLLARS.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

GOVERNING LAW AND JURISDICTION

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York and County of Manhattan, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

YOUR COMMENTS AND CONCERNS

This website is operated by SocioCreator Fortune Plaza, Patil Nagar, 406, NDA Pashan Rd, opp. to Bank of Maharashtra, Above Chinjabi Hotel, Sagar Co-Operative Housing Society, Bavdhan, Pune, Maharashtra 411021, India

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: yet to mentioned.

Creators Terms Of Use

MASTER CREATOR TERMS AND CONDITIONS

These Master Terms and Conditions (this “Agreement”) are between SocioCreator media., a SocialChamps Media Pvt Ltd company (“SocioCreator”), and you, or, if you represent an entity or other organisation, that entity or organisation (in either case “Creator”), and provide the terms and conditions under which Creator may utilise the SocioCreator Media platform to facilitate creation and delivery of content services (the “Services”) by such Creator to an advertiser (the “Advertiser”). The effective date of this Agreement (the “Effective Date”) shall be the date that an Creator has clicked through acceptance of the terms of this Agreement.

The Creator’s access to the Services will be provided subject to the terms of this Agreement, and if the Creator wishes to access or use any SocioCreator (as defined below), the Creator may do so only in compliance with the terms of this Agreement.

Without limiting the foregoing, the Creator must be 16 or older and meet any of the other qualifications included in this Agreement. By accessing SocioCreator Media or providing Services, you represent that you are at least 16. You may access the SocioCreator Media and provide Services solely for lawful purposes and only in accordance with the terms of this Agreement and any other agreement you are required to agree to before being given access to any specific areas of SocioCreator Media (Any such additional agreements are in addition to this Agreement and will govern your use of the portions of SocioCreator Media to which those additional agreements apply in the event of a conflict between the terms of this Agreement and those additional agreements.) SocioCreator Media reserves the right at any time and at its sole discretion to modify, suspend or discontinue the Services or the SocioCreator Media (or any portion thereof), or your right to provide Services, with or without notice.

PLEASE CAREFULLY READ THIS AGREEMENT. BY CLICKING ON THE “ACCEPT” BUTTON BELOW, OR BY OTHERWISE ACCEPTING THIS AGREEMENT OR ACCESSING OR USING SocioCreator Media OR PROVIDING SERVICES, THE INFLUENCER ACKNOWLEDGES HAVING READ, UNDERSTOOD AND AGREEING TO BE BOUND BY THIS AGREEMENT AS OF THE DATE ON WHICH YOU FIRST CLICK THE “ACCEPT” BUTTON, OTHERWISE ACCEPT THIS AGREEMENT, OR ACCESS OR USE THE SocioCreator Media OR PROVIDE SERVICES.

DEFINITIONS

All capitalised terms used in this Agreement and defined in the context in which they are used will have the meanings given to them herein. All other terms used in this Agreement will have their plain English meaning as commonly interpreted in the United States.

“Advertiser” means any client, its affiliates or customer that has a contractual relationship withSocioCreator Media to receive Creator Content or Submissions, and which may sometimes be referred to as “Subscriber”.

“Content Platform” means all or any portion of a website containing written, video or photographic commentary, news or discussion on one or more particular topics (such as a “Blog”) and that includes any Creator Content.

“Confidential Information” means all information, including but not limited to the material terms of this Agreement, relating to or disclosed in the course of performing under this Agreement which is or should be reasonably understood to be confidential or proprietary to SocioCreator Media, its Advertisers, the subsidiaries and affiliated companies of both and/or their licensors, licensees and business partners.

“Creator Content” means all text, files, images, graphics, illustrations, information, data, audio, video, photographs and other content created or provided by the Creator pursuant to the Programme Details.

“IPR” means all intellectual property and proprietary rights throughout the world, including, without limitation, all copyrights, trademarks, trade secrets, patents, moral rights, and other rights protecting data, information or intangible property throughout the world.

“Programme Details” encompasses the terms of any contractual relationship the Creator and Advertiser may engage in directly, as well as the specific details provided to the Creator by the Advertiser, including, but not limited to, compensation, programme dates, branding guidelines, and general and specific Creator responsibilities towards the Advertiser.

“SocioCreator Media Analytics Code” means computer code, including tracking links (such as bit.ly), provided bySocioCreator Media from time to time for inclusion in produced content.

“SocioCreator Media” means the SocioCreator Media Analytics Code, and all additional software, hardware and other technology used by or on behalf of SocioCreator Media to provide services to its Advertisers and Creator.

SERVICES

During the term of this Agreement, the Advertiser may provide Programme Details to the Creator from time to time. If the Creator accepts the Programme Details, the Creator will provide the Advertiser with the Services as more specifically described in the applicable Programme Details. The Creator’s contractual relationship will be directly with the Advertiser, and the Creator will be solely responsible for the performance of the Services and hosting, maintenance and operation of the Creator’s Content Platform. The Creator will operate each Content Platform in accordance with SocioCreator Media Creator Privacy Statement (“Privacy Policy”) which is posted on the SocioCreator Media website at Our Policies Link will come  The Creator’s privacy policy must contain terms no less protective of personal information than the terms of Creator SocioCreator Media Privacy Policy.

DATA PRIVACY

The Creator expressly consents to and allowsSocioCreator Media to collect, use, process and disclose personally identifiable information and other data and information as described in this agreement and SocioCreator Media then-current Privacy Policy for the purposes of: (a) executing influencer marketing programmes; (b) facilitating communications between the Creator and the Advertiser; (c) providing the Advertiser with campaign analytics; and (d) providing Advertisers with a way to extend Programme Proposals to Creators they haven’t contracted with directly yet.

This Agreement governs solely the processing of the Creator’s personal data obtained directly from the Creator or otherwise obtained via any means other than through publicly available Content Platform APIs (including but not limited to Facebook’s Graph API, Instagram API, Twitter API, etc.). Processing of data obtained via public Content Platform APIs will be governed by respective Terms and Conditions and Privacy Policies for such applicable Content Platform API.

In addition, and notwithstanding anything in the Privacy Policy, SocioCreator Media will have the right to, both during the term of this Agreement and thereafter, collect and analyse data and information (including personally identifiable data and information) resulting from the Creator’s (and any of the Creator’s readers’) access to and use of a Content Platform. Most, but not all, of this data and information is used and disclosed by SocioCreator Media only in an aggregated non-personally identifiable form that does not directly identify the Creator or any other entity or natural person as the source thereof. All such aggregated data and information will be solely owned by SocioCreator Media and may be used by SocioCreator Media for any lawful business purpose, including for the purposes of data analytics or in order to further enhance or improve the Services, without a duty of accounting to the Creator. In addition, the Creator acknowledges and agrees that SocioCreator Media may disclose all information about the Creator and that the Creator may provide with respect to Creator Content or a Submission to the applicable Advertiser to which that Creator Content or Submission relates. In some instances, SocioCreator Media might share the Creator’s first-party and personal data with SocioCreator Media broader Advertiser base for the purposes of allowing said Advertisers to contact the Creator and extend Programme Proposals to them. In case the Creator wishes to object to such sharing, the Creator can email SocioCreator Media with the request via email will come here

OWNERSHIP

Except as expressly provided in the Programme Details, all Creator Content, Submissions and all IPR therein or related thereto, are owned by the Creator. The Creator hereby permits SocioCreator Media to display on the

Services, analyse and share Creator Content, Submissions and IPR with SocioCreator Media Subscribers, irrespective of any contracts that may or may not exist between said Subscribers and Creator.

The SocioCreator Media, and all technology, code and IPR therein or related thereto, is owned by SocioCreator Media or its licensors. During the term of this Agreement, SocioCreator Media hereby grants to the Creator a non-exclusive, non-transferable, personal, revocable licence to: (i) during the term of each applicable Programme Detail, use the SocioCreator Media as necessary for the Creator to perform the Creator’s applicable obligations under such Programme Detail; and (ii) access analytics solution available through the SocioCreator Media Platform for the purpose of analysing the Creator’s own audience, social media metrics and other data available relating to the Creator’s profile. Except as permitted pursuant to this Agreement, the Creator may not, and will not permit any third party, to:

modify, adapt, alter, translate or create derivative works from the SocioCreator Media

sublicense, distribute, sell or otherwise transfer the SocioCreator Media (or the access thereto) to any third party;

reverse-engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of the SocioCreator Media;

interfere in any manner with the operation of the SocioCreator Media or attempt to gain unauthorised access to the SocioCreator Media;

remove, bypass or circumvent, or attempt to remove, bypass or circumvent, any electronic protection measures in place to regulate or control access to the SocioCreator Media;

remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in the SocioCreator Media; or

display or otherwise use any Creator Content or Submissions in any manner (including without limitation to generate revenue for the Creator) other than as set forth in the applicable Programme Details.

To the extent that the Creator accesses any portion of the Services requiring a login ID or a password, the Creator is responsible for all use of the Services made using the Creator’s login ID and password, whether or not the use is made by the Creator or someone else using that information. The Creator is responsible for protecting and securing the Creator’s login ID and password from unauthorised use, and the Creator agrees to indemnify SocioCreator Media, its affiliates and their respective members, managers, directors, officers and agents against all loss or damage arising from such unauthorised use. If the Creator believes there has been a breach of security of the Creator’s login ID or password, the Creator agrees to notify SocioCreator Media immediately. Although under no obligation to do so, SocioCreator Media reserves the right to review and remove any Creator Content that, in its sole judgment, violates this Agreement, violates applicable laws, rules or regulations, or that is otherwise abusive, disruptive, offensive, harmful or illegal. SocioCreator Media reserves the right to expel the Creator and to prevent the Creator’s further access to the Services if the Creator violates this Agreement. Furthermore, SocioCreator Media reserves the right to take any action that it deems appropriate with respect to user content in order to prevent potential liability, damage to its brand or public image, or damage to its relationship with its Advertisers, vendors or suppliers.

The Creator is prohibited from posting or transmitting any Creator Content or any other material or information that:

is in violation of any applicable law or regulation;

infringes upon the copyright, trademark, trade secret or other intellectual property rights of others;

violates the privacy, publicity or other personal rights of others,

is defamatory, obscene, threatening, abusive or hateful;

contains any viruses, corrupted files or similar software;

falsifies or deletes any author attributions or other similar notices or proprietary designations; or

otherwise violates any applicable code of conduct or other guideline that is applicable to such material.

The Creator is also prohibited from violating or attempting to violate the security of the Services or the SocioCreator Media. More specifically, the Creator is prohibited from doing any of the following:

accessing data not intended for the Creator or logging into a server or account that the Creator is not authorised to access;

attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measure;

attempting to interfere with the Services, including submitting a virus, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or

forging any TCP/IP packet header or any part of the header information in any message or posting. Violations of any applicable law, regulation or our system or network security may result in civil or criminal liabilities. SocioCreator Media reserves the right to investigate such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

REPRESENTATIONS AND WARRANTIES

By Each Party. Each party represents, warrants and covenants to the other party that:

such party has full power and authority to enter into this Agreement and to perform its obligations under this Agreement;

this Agreement is a legal and valid obligation binding upon such party and enforceable in accordance with its terms;

this Agreement will not conflict with, result in a breach of or constitute a default under any other agreement to which such party is a party or by which such party is bound; and

such party will comply with all laws, rules and regulations applicable to such party in its performance under this Agreement.

By the Creator. The Creator represents, warrants and covenants that:

The Creator is the original author and sole owner of the Creator Content or otherwise that for all Creator Content, the Creator has obtained all necessary rights, licences, permissions, consents and the like, including but not limited to releases for voices, images and appearances, with regard to all video, audio, photograph, graphics, illustration or other multimedia content;

no Creator Content created or obtained by the Creator and uploaded to the SocioCreator Media Platform shall infringe on or violate any IPR or applicable laws, including, but not limited to, the Federal Trade Commission Act and all rules and regulations promulgated by the Federal Trade Commission;

no Creator Content delivered or posted by the Creator hereunder shall contain any profanity, scandalous, libellous, defamatory, obscene, pornographic or unlawful matter or material;

Creator Content may not contain malicious code, counters, or other types of code that automatically attach cookies or other devices that track and collect user’s information,

The Creator will comply with all laws, rules and regulations applicable to the Creator in its performance under the Programme Details;

no Programme Detail will conflict with, result in a breach of, or constitute a default under, any other agreement to which the Creator is a party or by which the Creator is bound and

The Creator is not and has not engaged in the past in any strategies to grow the Creator’s number of followers or levels of user engagement that would reasonably be characterised as “inorganic” or “inauthentic”, including, but not limited to: (i) acquiring fake followers; (ii) engaging bots to follow, like and comment on Creator Content; or (iii) offering monetary payment or other compensation to users for engaging with Creator Content or following the Creator’s accounts at scale.

EXCEPT AS MAY OTHERWISE BE EXPRESSLY SET FORTH HEREIN, THE SocioCreator Media IS PROVIDED “AS IS” AND SocioCreator Media DISCLAIMS, AND THE INFLUENCER DISCLAIMS, ANY RELIANCE ON, ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, ORAL OR IN WRITING, ARISING UNDER ANY LAWS, INCLUDING WITH RESPECT TO TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.

LIMITATION OF LIABILITY

EXCEPT IN CONNECTION WITH CONFIDENTIALITY OR INDEMNIFICATION OBLIGATIONS, SocioCreator Media SHALL NOT BE LIABLE TO THE INFLUENCER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THE INFLUENCER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM BREACH OF THIS

AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS.

TERM AND TERMINATION

This Agreement shall commence on the Effective Date and shall continue until terminated by either party. Either Party may terminate this Agreement, effective upon notice, at any time and for any reason (or no reason) by written notice to the other party.

Upon expiry or termination of this Agreement, all revocable licences granted under this Agreement will immediately terminate. The paragraphs of this Agreement titled “Ownership”, “Representations and Warranties”, “Data Ownership”, “Term and Termination”, “Indemnification”, “Confidentiality”, “Venue”, “Notices” and “Miscellaneous” will survive any expiry or termination of this Agreement, as well as any provisions that ought reasonably be construed to survive such termination or expiry.

INDEMNIFICATION

Each party (the “Indemnifying Party”) agrees to indemnify, defend and hold harmless the other party and its affiliates, employees, agents, contractors, assigns, licensees and successors in interest from and against any and all claims, losses, liabilities, damages, fees, expenses and costs (including lawyers’ fees, court costs, damage awards and settlement amounts) that result from any breach of the Indemnifying Party’s representations or warranties under this Agreement. The Creator further agrees to indemnify, defend and hold harmless SocioCreator Media and its Advertisers, and their respective affiliates, employees, agents, contractors, assigns, licensees and successors, in interest from and against any and all claims, losses, liabilities, damages, fees, expenses and costs (including lawyers’ fees, court costs, damage awards and settlement amounts) resulting from:

any breach by the Creator of this Agreement;

the Creator Content or Submissions, or SocioCreator Media or an Advertiser’s use thereof;

the Programmer Details or any transactions or interactions with Advertisers contemplated or arising thereunder; or

any negligent or wrongful acts taken by the Creator or any of the Creator’s principals, agents, affiliates or representatives.

CONFIDENTIALITY

The Creator acknowledges that, in the course of utilising the SocioCreator Media platform and/or performing the Services for the Advertiser, the Creator may acquire certain Confidential Information. The Creator shall not:

disclose such Confidential Information to any third party without the prior written consent of SocioCreator Media,

will notify SocioCreator Media if the Creator becomes aware of any breach of confidentiality in any manner whether through

the Creator’s negligence, acts or omissions, or

a computer virus, or theft of Creator’s computer or login information;

use the Confidential Information for any purpose other than to carry out the Services contemplated hereunder. Creator acknowledges that misuse or disclosure of any Confidential Information by Creator will give rise to irreparable injury to SocioCreator Media or the owner of such information, which is inadequately compensable in damages. Accordingly, SocioCreator Media or such other party may seek and obtain injunctive relief against the breach or threatened breach of these Confidentiality Obligations, in addition to any other available legal remedies.

GOVERNING LAW; VENUE

This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Delaware without regard to principles of conflicts of laws. Any legal action proceeding relating to this Agreement or the Services shall be brought exclusively in the State or Federal courts located in the State of Delaware. Each Party hereby agrees to submit to the jurisdiction of, and agrees that venue is proper in, those courts in any such legal action or proceeding.

CHANGES

Tagger Media reserves the right to change any of the terms and conditions contained in this Agreement or any policy or guideline hereunder or referenced herein, at any time and at its sole discretion. When SocioCreator Media makes changes, SocioCreator Media will revise the “last updated” date at the top of this Agreement. Any changes will be effective immediately upon posting by SocioCreator Media or upon notice by SocioCreator Media to the Creator. The Creator’s continued access or use of the SocioCreator Media or providing Services following the posting of changes will constitute the Creator’s acceptance of such changes. To the extent that any modification to this Agreement is deemed invalid or ineffective, for any reason, the terms and conditions of this Agreement as in effect immediately prior to such modification shall remain in effect and shall be controlling.

NOTICES

For notices that are directed to the Creator under this Agreement (including as part of SocioCreator Media general customer base), SocioCreator Media may give notice by means of any of the following:

a general notice on the Services;

by electronic mail to the Creator’s email address on record in SocioCreator Media account information; or

by written communication sent by first class mail or pre-paid post to your address listed in SocioCreator Media account information. All notices to be delivered by the Creator to SocioCreator Media shall be in writing and shall be delivered by electronic mail to SocioCreator Media at the following address: email will come or email will come. Either SocioCreator Media, on one hand, or the Creator, on the other hand, may update its contact information for receiving notices by providing written notice of such update to the other party in the manner provided in this paragraph. A notice delivered electronically hereunder will be deemed to have been delivered on the date and at the time of the signed receipt or confirmation of delivery or transmission thereof, unless that receipt or confirmation date and time is not a business day or is after 5:00 pm local time on a business day, in which case such notice will be deemed to have been received on the next succeeding business day. A notice delivered by first class mail or pre-paid post will be deemed to have been given three (3) business days after mailing or posting.

MISCELLANEOUS

This Agreement and SocioCreator Media’s Creator Privacy Policy (both of which are incorporated by reference) are the complete and exclusive understanding and agreement regarding utilisation of the Services and supersede any oral or written proposal, prior agreement, or other communication between Tagger Media and the Creator. All waivers under this agreement must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be unenforceable, that provision will be removed to the extent necessary to comply with the law, replaced by a provision that most closely approximates the original intent and economic effect of the original to the extent consistent with the law, and the remaining provisions will remain in full force. The prevailing party in any lawsuit or proceeding arising from or related to this Agreement will be entitled to receive its costs, expert witness fees and reasonable lawyers’ fees, including costs and fees on appeal. Neither this Agreement nor any rights or obligations of the Creator hereunder may be assigned or transferred by the Creator (in whole or in part and including by sale, merger, change in control or ownership of securities, or operation of law) without the prior written approval of Tagger Media. Any assignment in violation of the foregoing will be null and void. Tagger Media may freely assign this agreement or any of its rights hereunder. The parties hereto are independent parties, not agents, employees, or employers of the other or joint venturers, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other. Tagger Media may reference the Creator as a provider of services and use the Creator’s name, likeness, and logo, as applicable, in listings of influencers appearing on the Services and website and for other marketing and promotional purposes.