Terms and Conditions

Last Updated: October 31, 2024

Effective Date: November 30, 2024 (see Section 19 for further details on when these Terms take effect).

This Site Terms of Service Agreement (“Terms”) governs your use of the INFLUENCUR® marketplace platform offered by Influencur, doing business as Influencur (“we”, “us”, or “Influencur”), including our website (influencur.com), mobile application (“App”), and services we provide through them (collectively, the website, App, and services referred to as our “Site”). “You” refers to you as a user of the Site.

These Terms apply to users of, including visitors to, our Site. Use of our Site is also subject to our current Acceptable Use Policy and Community Guidelines. Your use of our Site as a Talent User (defined below) is governed by the Talent Terms of Service. (“Talent Terms”).

The Site is not intended for use by individuals or businesses in the European Economic Area.

PLEASE READ THESE TERMS CAREFULLY. By using our Site or otherwise indicating your acceptance (for example, by agreeing when creating or logging into your account, clicking “I Agree,” etc.), you represent and warrant that you have read, understand, and agree to be bound by these Terms. If you do not agree, do not access or use our Site.

NOTICE OF WAIVER OF CLASS ACTIONS, REPERESENTATIVE ACTIONS, AND JURY TRIAL: Section 17  of these Terms contains provisions governing how claims that you and Influencur have against each other are resolved, including any claims that arose or were asserted prior to the “Last Updated” date at the top of these Terms. It contains an agreement that will, with limited exceptions, require disputes between you and Influencur to be resolved solely on an individual basis and without a jury. Unless you opt out of the agreement as described in  Section 17 : (1) you may pursue claims and seek relief against us only on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (2) you waive your right to have a jury trial on your claims.

Table of Contents
  1. INFLUENCUR Marketplace
  2. INFLUENCUR Videos
  3. Business INFLUENCUR Videos
  4. Acknowledgement
  5. Additional Terms, Sales and Discounts
  6. Eligibility
  7. Fees & Payment
  8. Ownership
  9. Copyright and Intellectual Property Policy
  10. Privacy
  11. Third-Party Content and Interactions
  12. Links
  13. Changes to our Site
  14. Termination and Reservation of Rights
  15. Indemnification
  16. Disclaimers and Limitations on Liability
  17. Waiver of Certain Rights
  18. Other Provisions
  19. Changes to these Terms

1. INFLUENCUR Marketplace

By creating an account on our Site, you agree to provide true, accurate, current, and complete information. You agree not to create a Site account using a false identity or providing false information or if you have previously been removed or banned from our Site. You are responsible for maintaining the confidentiality of your Site account information, including your username and password. You are responsible for all activities that occur on or in connection with your Site account and you agree to notify us immediately of any unauthorized access or use of your Site account. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your Site account.

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2. INFLUENCUR Videos

  1. Through our Site, you may obtain personalized videos (“INFLUENCUR Videos”) from celebrities, including athletes, actors, performers, artists, influencers, and others (each, a “Talent User”). You may submit a request to a Talent User for a INFLUENCUR Video that is personalized for you or a third-party that you identify as a recipient (“Recipient”).
  2.  You acknowledge and agree that the Talent User has sole discretion to determine how to fulfill your request and the content of the INFLUENCUR Video created, and may not follow your request exactly. We reserve the right to reject any request in our sole discretion. The Talent User has up to seven days or longer (at our sole discretion) to fulfill or decline your request. Talent Users may offer the option to request a INFLUENCUR Video for fulfillment within a shorter timeframe, such as 24 hours. If such a request is not fulfilled within the described timeframe, Influencur may in its sole discretion either (i) issue a refund or credit for the entire booking or (ii) convert the booking to a standard INFLUENCUR Video request and issue a refund or credit for the difference in cost between the original booking and the cost of a standard INFLUENCUR Video request for the Talent User. Refunds or credits associated with such bookings will be handled as described in Section 7 (Fees and Payment).
  3. INFLUENCUR Videos are licensed, not sold. You are buying the right (or license) to use it, not the actual INFLUENCUR Video itself.
  4. Subject to these Terms and to your payment in full, the Talent User hereby grants to you a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display the INFLUENCUR Video (other than a Business INFLUENCUR Video) in any and all media (for example, on social media platforms), whether now known or hereafter invented or devised, (i) for your own personal, non-commercial, and non-promotional purposes and (ii) at personal or commercial events of up to 1000 people, provided that the INFLUENCUR Video does not contain any promotion or endorsement of a Business (as defined below) or of any products or services.
  5. You may not sell, resell, commercialize, or encumber your rights in any Influencur Offering, including creating a non-fungible token (“NFT”) from any Influencur Offering except as agreed by Influencur in advance in writing. You may sublicense your rights in a INFLUENCUR Video only to the extent necessary for you to use the INFLUENCUR Video as permitted under these Terms (for example, sharing it (if it is not a Business INFLUENCUR Video) with friends on a social media platform or sending it to a Recipient for personal, non-commercial, and non-promotional purposes as set forth above).
  6. You may use a INFLUENCUR Video only in accordance with these Terms, which includes our Acceptable Use Policy / Community Guidelines. We may terminate all or part of the foregoing licenses at any time for any reason. We reserve the right to remove a INFLUENCUR Video from our Site at any time for any reason without any notice to you.
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3. Business INFLUENCUR Videos

  1. Some Talent Users may offer INFLUENCUR Videos for the promotion and/or endorsement of a product, service, brand, or business of a single lawfully registered and operating commercial business, not-for-profit, or governmental entity (each, a "Business"), or for Business communications, such as employee recognition or a company-wide meeting, conducted and operated by the Business with greater than 1000 attendees and/or viewers (each, a "Business INFLUENCUR Video"). Except as noted, each Business INFLUENCUR Video is a INFLUENCUR Video under these Terms. When you submit a request for a Business INFLUENCUR Video, you must specifically identify the Business, the types of goods or services that it offers, as well as the specific product, service, or brand that you request the Talent User to mention or refer to, and any other requested information. Absent Influencur's prior written approval, any resulting Business INFLUENCUR Video must be in English.
  2. Subject to these Terms, including the limitations set forth in Section 3.b.iii, and to your payment in full, the Talent User hereby grants to you the following limited rights to use the Business INFLUENCUR Video  solely for the reasonable promotional purposes of the Business:
  • starting on the date the Business INFLUENCUR Video is downloaded by you from the Site or otherwise provided to you, and until the earlier of (A) the date the Business INFLUENCUR Video is first used, reproduced, distributed, or publicly displayed by you or the Business in one of the manners set forth in Section 3.b.ii below and (B) 60 days after the date that Influencur notified you that the Business INFLUENCUR Video was completed (such period, the “C4B Preparation Period”), an exclusive (except as to the license granted to Influencur), royalty-free, fully paid, worldwide, sublicensable, irrevocable license to use, reproduce, modify, adapt, edit, and create derivative works of the Business INFLUENCUR Video solely in order to enable the exercise of the rights set forth in Section 3.b.ii; and
  • starting on the conclusion of the C4B Preparation Period and until 15 days thereafter or such other length of time agreed upon separately between you and Influencur (including in the Site's business booking flow), an exclusive (except as to the license granted to Influencur), royalty-free, fully paid, worldwide, sublicensable, irrevocable license to use, reproduce, distribute, modify, adapt, edit, create derivative works, and publicly display the Business INFLUENCUR Video only on or in an unlimited number of (A) social media platforms, such as Facebook, Instagram, LinkedIn, Snapchat, TikTok, YouTube or Twitter, on accounts wholly owned, operated, and controlled by the Business (each, a “Business Social Media Account”), along with the right to advertise and promote the display of the Business INFLUENCUR Video on the Business Social Media Account through advertising on such social media platform, (B) websites, landing pages, mobile applications owned, operated, and controlled by the Business, communications sent through Business-operated and -controlled channels of communication (such as email blasts or text messages to customers or company emails or meetings), and other similar channels owned, operated, and controlled by the Business and approved in advance by Influencur in writing, and (C) online platforms, display networks, and in-app advertising, including through digital demand side platform or advertising network accounts, but specifically excluding, in all cases, television, over the top (OTT), connected television (CTV), Out Of Home (OOH) and similar streaming media. You may sublicense your rights in a Business INFLUENCUR Video only to the extent necessary for you or the Business on whose behalf you are acting to use the Business INFLUENCUR Video as permitted under these Terms (for example, posting it on a website or Business Social Media Account as set forth in this section 3.b, or as an agency sublicensing to your Business client). Your right to use, reproduce, distribute, modify, adapt, edit, and create derivative works of the Business INFLUENCUR Video is conditioned on (A) the resulting work and its use complying with these Terms and continuing to display, fully intact, unobscured, and unaltered, the watermark from the original Business INFLUENCUR Video (including retaining the same size, form, location, and length of time displayed); (B) the resulting work and its use not altering, misrepresenting, or omitting in any way the substantive message of the original Business INFLUENCUR Video or any portion thereof, including any endorsement contained therein; and (C) you having all rights necessary to include any other elements incorporated into the resulting work, including any intellectual property rights, privacy rights, and rights of publicity. To the extent that a work requires the licenses and rights to multiple Business INFLUENCUR Videos, your license and rights to the resulting work will correspond to the most limited of those required licenses and rights. Influencur has the sole discretion in determining compliance with the requirements of this Section.
  1. At the end of the license period, you are not required to archive or delete organic, authorized posts made on a Business Social Media Account, provided that you do not, nor will you authorize or encourage any third-party to, pin, repost, link-to, boost with paid spend, or otherwise promote any such organic post containing the Business INFLUENCUR Video in any manner or re-order such organic post in a non-chronological manner. All other retention, use, reproduction, distribution and display of the Business INFLUENCUR Video must end entirely and immediately upon completion of the license period. No other use is authorized under these Terms. To request other uses (for example, additional time, use on additional channels, the ability to use a Business name or logo as a sole watermark), contact us at go@influencur.com.
  1. Business INFLUENCUR Video Representations and Warranties: You represent and warrant that:
  • the Business is lawfully registered and operating;
  • any information provided to the Talent User is factually correct and not misleading and is not disparaging or defamatory;
  • you and the Business will comply with all applicable laws, rules, and regulations, including those that may require adding an appropriate hashtag (including, for example, #ad, #sponsored) or other disclosure in connection with the use of the Business INFLUENCUR Video to identify it as a commercial endorsement, such as the U.S. Federal Trade Commission publication “Guides Concerning the Use of Endorsements and Testimonials in Advertising” and any similar requirements that may be applicable; and
  • if and to the extent you are a party to any collective bargaining agreement (a "CBA") with any union or guild, including but not limited to the Screen Actors Guild - American Federation of Television and Radio Artists ("SAG-AFTRA"), (A) you shall comply with, and as between you and Influencur shall be solely responsible for complying with, such CBA, and (B) Influencur shall not be added as a party to any proceeding with any such union or guild, including SAG-AFTRA, and/or the Talent User without its express written consent but may intercede in its discretion; and
  • you have all rights necessary (including from the Business) to request a Business INFLUENCUR Video on behalf of the Business, to agree to these Terms on behalf of the Business, and to request and use the Business INFLUENCUR Video as authorized in these Terms, including all rights necessary to use any information, Business name, trademark, trade name, trade dress, or logos provided in connection with your Submission.
  1. Indemnification: In connection with any Business INFLUENCUR Video or other Influencur for Business services you purchase from a Talent User, you agree to indemnify, defend, and hold harmless the applicable Talent User from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including reasonable attorneys’ fees and costs) of any kind or nature arising from any third-party claim in connection with or relating to: (i) your Submissions; (ii) your breach of these Terms; (iii) your use of the Business INFLUENCUR Video in connection with any other elements, materials, copyrights, rights of publicity, or copyrighted materials other than the Business INFLUENCUR Video provided by the Talent User; or (iv) the sale, license, supply or provision of your goods or services or any other operations of the Business (including, without limitation, personal injury, death, or product liability suits and claims).
  2. The Talent User is an intended third-party beneficiary of Sections 3.d. and e. of these Terms, with full power and authority to enforce, in Talent’s own name, any rights granted to it or Influencur pursuant to such Sections.
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4. Acknowledgement

You acknowledge and agree that:

  1. Influencur will not be liable or responsible for any INFLUENCUR Video or other offering requested by you or any Submission (defined below) you make;
  2. you have no expectation of privacy with respect to any INFLUENCUR Video requested by you or any Submission (defined below) you make, and that you will not make any request or Submission that infringes on the privacy or other rights of a third-party;
  3. the watermark on each INFLUENCUR Video must remain intact and you agree not to edit, change, modify, cover, or remove the watermark from any INFLUENCUR Video or assist or encourage any third-party to do so; you further agree not to edit (except to the extent expressly permitted under Section 3.b.ii), change, modify, or create any derivative work of a INFLUENCUR Video or assist or encourage any third-party to do so;
  4. if you breach any provisions of these Terms, we terminate your access to our Site, or we remove or ban you (or any Site account you created or control), your license to use any INFLUENCUR Video, or other offering under these Terms, terminates and you must: promptly remove all copies of any INFLUENCUR Video, or other offering, in your possession or control, including from any social media platform; notify any Recipient of the termination and instruct them to do the same, and take any other action we reasonably request, including identifying each Recipient; and
  5. without limiting any of our rights, any request you submit through our Site may be rejected by us or by a Talent User; if that happens more than once, we may terminate your access to our Site, remove or ban you (and any Site account you created or control), or take other appropriate action in Influencur’s sole discretion, including terminating your license to use any INFLUENCUR Video or other offering under these Terms and requiring you to take the actions outlined in Section 4.d; and no refund or credit will be issued for any INFLUENCUR Video or other purchase that we determine, in our sole discretion, has been improperly booked or used or otherwise violates these Terms.‍
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5. Additional Terms; Sales and Discounts

Some products or services offered through the Site may have additional terms and conditions (“Additional Terms”). By using that product or service, you agree to the Additional Terms. To the extent that the Additional Terms conflict with any of these Terms, these Terms will govern unless the Additional Terms say that some or all of these Terms don’t apply.

From time to time, Influencur may offer sales or discounts. The additional terms of such offers can be found on our Sale/Discount Terms page.

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6. Eligibility

  1. Age: You must be at least 13 years old (or, outside of the United States, the applicable legal age to enter into a contract) to use our Site.
  2. Eligibility Representations and Warranties: You represent and warrant that:
  • you have not been prohibited from using or accessing any aspect of our Site by us or pursuant to any applicable law or regulation;
  • you will comply with all applicable terms of any third-party payment provider we select, and you are not on a prohibited list of that payment provider;
  • you (and any Site account that you created or control) have not been previously banned or removed from our Site for any reason; and
  • you are not a convicted sex offender.
  1. Export Control: You may not use, export, import, or transfer any part of our Site except as authorized by U.S. law, the laws of the jurisdiction in which you use or access our Site, or any other applicable laws. In particular, but without limitation, no part of our Site may be exported or re-exported: (i) into any country embargoed by the U.S.; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using our Site, you represent and warrant that: (x) you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country; and (y) you are not listed on any U.S. government list of prohibited or restricted parties. You also will not use our Site for any purpose prohibited by law. You acknowledge and agree that products, services, and technology provided by Influencur are subject to the export control laws and regulations of the U.S. You will comply with those laws and regulations and will not, without prior U.S. government authorization, export, re-export, or transfer Influencur products, services, or technology, either directly or indirectly, to any country in violation of those laws and regulations.
  1. You will not use the Site or any Influencur product or service to promote or solicit contributions on behalf of your candidacy for public office, the candidacy of another person seeking public office, any political party or political committee, or any other person or organization promoting or soliciting contributions on behalf of any candidate for public office or political party.
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7. Fees and Payment

  1. Fees: The fee for a INFLUENCUR Video or other offering is specified on the Talent User’s booking page on our Site when you make your request. You agree to pay all amounts due in accordance with the payment terms in effect when you submit your request or purchase merchandise, including any applicable service, transaction, or processing fees.
  2. Currency: Transactions are settled in U.S. dollars (“USD”). You will be responsible for payment of any fees or expenses imposed by your payment card provider or the payment processor to settle the transaction in USD. From time to time, Influencur may settle transactions in a currency other than USD to reduce or eliminate the fees and expenses associated with currency conversion.
  3. Payment: You may request a INFLUENCUR Video by using a valid payment card through the applicable third-party payment provider (for our apps for iOS, and Android, Apple and Android’s in-app payment mechanisms; for our website, the payment provider we select). You must provide the third-party payment provider with valid payment information (Visa, MasterCard, or other issuer accepted by the payment provider). You acknowledge and agree that Influencur does not operate, own, or control the payment provider. Your use of your payment card is governed by your agreement with and the privacy policy of the payment provider, not these Terms. You agree to immediately notify the payment provider of any change in your billing address (or other information) for your payment card. You may not return or exchange a INFLUENCUR Video and no refunds will be issued.
  • App for iOS: You will be charged at the time of booking or purchase for all amounts associated with your transaction. If your INFLUENCUR Video request is canceled or not fulfilled, your Influencur account will be issued a credit (in USD only) for the value of your purchase. If you prefer a refund instead, you can request one via Apple by going to your orders in the App for iOS and clicking “request refund” on the Influencur video order; you must have a credit balance at least equal to the refund amount, and credits in such amount will be deducted from your account immediately. By making a purchase on the App for iOS, you represent that you are a resident of a country or territory in which payment in the local currency is supported by the App (as listed here). If you are a resident of a country or territory in which payment in the local currency is not supported by the App for iOS (or located in a country or territory in which payment in the local currency is not supported by the App for iOS), your purchase will not be permitted; however, if such purchase is permitted, Influencur reserves the right to cancel your request and no refund will be issued. The countries and territories and respective local currencies supported by the App for iOS are determined by Apple and not by Influencur and are subject to change at any time.
  • App for Android: You will be charged at the time of booking or purchase for all amounts associated with your transaction. If your INFLUENCUR Video request is canceled or not fulfilled, your payment instrument will be refunded.
  • Website: By providing your payment information, you agree that Influencur may place a pre-authorization hold and, after your request has been fulfilled, authorize the payment provider to immediately charge you for all amounts due and payable with no additional notice to or consent from you.
  • Credits are maintained in your Influencur account. When you make a purchase on the App for iOS or Android, if your account has a credit balance that equals or exceeds the purchase price, the balance will be redeemed for that purchase. When you make a purchase on our website, if your account has a credit balance, you may choose to redeem the balance for the purchase price up to the full balance amount (you will be charged for any remaining portion of the price). Credit balances are not refundable, cannot be transferred, cannot be used outside of Influencur, and expire or extinguish immediately when redeemed.
  • In addition, if the INFLUENCUR Video or other offering permits, you may choose to designate an additional amount as a “tip”. You acknowledge that Influencur does not mandate any such tip or gratuity; however, if you do choose to do so, the amount must be at least US $5.00. You agree to pay any amount you authorize as a tip; a tip is not refundable.
  1. Influencur reserves the right (but is under no obligation) to cancel your request for any INFLUENCUR Video or other offering if: (i) your payment method is declined; or (ii) you have previously been banned or removed from our Site for any reason. Influencur also reserves the right at any time to change its fees and payment procedures, including its payment options and terms, either immediately upon posting on our Site or by other notice to you.
  2. Portion of Payment to Talent: Any payment for a INFLUENCUR Video or any other offering, feature, or service on our Site, such as a tip, Direct Message, or sticker, will be divided between Influencur and Talent as provided for in Section 4.b of the Talent Terms of Service.
  3. Payment Questions: If you have a question about a purchase made on the App or a charge to your payment card, please contact us at go@influencur.com. We have the sole discretion to determine how billing disputes between us will be resolved.
  4. Taxes: If your purchase obligates Influencur to collect a sales tax, use tax, or any other equivalent tax (“Sales Tax”) from you, Influencur will collect Sales Tax in addition to the fee for your purchase. If you have not remitted applicable Sales Tax to Influencur, you will be responsible for the payment of the Sales Tax (and any related penalties or interest) to the appropriate tax authority and you will indemnify Influencur for any liability or expense Influencur may incur in connection with the payment of Sales Taxes on your purchases. At Influencur’s request, you will provide reasonable assistance and documentation relating to the payment of Sale Taxes on your purchases from Influencur (for example, official receipts issued by the appropriate tax authority confirming that you have paid all applicable taxes).
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8. Ownership

  1. You acknowledge and agree that each INFLUENCUR Video or other offering from a Talent User is owned by the Talent User who created it.
  2. We or our licensors own all right, title, and interest in and to: (i) our Site and the “look and feel” of our Site, including all software, ideas, processes, data, text, media, and other content available on our Site (individually, and collectively, “Influencur Content”); and (ii) our trademarks, logos, and brand elements (“Marks”). Our Site, Influencur Content, and Marks are each protected under U.S. and international laws. You may not duplicate, copy, sell, resell, commercialize, or reuse any portion of the Influencur Content, Marks, HTML/CSS, JavaScript, visual design elements, or concepts without our prior express written consent.
  3. You hereby grant to us a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses, and including for example to Talent Users), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised (including social media platforms), to use, reproduce, license, distribute, modify, adapt, reformat, publicly perform, publicly display, and create derivative works  (for example, translations, adaptations, compilations, excerpts, or modifications) of the following for the purposes of operating and providing our Site, developing and improving our products and services, and advertising, marketing, and promoting our Site and our products and services: (i) any request (video, text, audio, or otherwise) that you make or send to any Talent User, including information concerning any Recipient; and (ii) any submission that you make to Influencur, whether through our Site, a social media platform, third-party website, or otherwise, including a reaction video, idea, intellectual property, publicity rights, customer service request, Feedback (defined below), review, photo, video, email, text, audio, post, or other communication, whether relating to you, or a third party (i) and (ii) each, individually, and collectively, a “Submission”). You represent and warrant that you either: (x) own all rights to any Submission; or (y) have all rights necessary, including with respect to any third party that contributed to, is included in, or is referred to, in any Submission, to grant to us the foregoing rights. You will not make any Submission that is confidential or proprietary or that contains or includes any information that you do not have the right to disclose or that you or any Recipient do not wish to be disclosed. Influencur will not be responsible or liable for any use or disclosure of a Submission, including any personal information belonging to you, a Recipient, or a third party.
  4. We may, for any reason, refuse to accept or transmit a Submission or refuse to remove a Submission from our Site. Further, we reserve the right to decide whether a Submission violates these Terms and may, at any time, without notice to you and in our sole discretion, remove your Submission, terminate your access to our Site, remove or ban you (and any Site account you created or control), or take other appropriate action in our sole discretion for violation of these Terms.
  5. Influencur desires to avoid the possibility of future misunderstandings if a project developed by any Influencur Party (as defined below) may seem similar to your Submission. If your Submission consists of any idea, suggestion, proposal, plan, or other material related to our business (individually, and collectively, “Feedback”), you acknowledge and agree that you are submitting that Feedback at your own risk and that Influencur has no obligation (including no obligation of confidentiality or privacy) with respect to that Feedback, and you grant to Influencur a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised, to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of (for example, translations, adaptations, or other changes), and otherwise use and exploit in any manner (including commercially), any and all Feedback.
  6. You hereby waive any and all moral rights or “droit moral” that you may have in any Submission, including Feedback, and you represent and warrant that no third party has any moral, “droit moral,” or other rights in Submission, including Feedback.
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10. Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and share personal information and other data. By using our Site, you agree to our  Privacy Policy.

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11. Third-Party Content and Interactions

  1. Our Site may contain features and functionalities that link to or provide you with access to third-party content, that is completely independent of Influencur, including INFLUENCUR Videos, websites, platforms, directories, servers, networks, systems, information, databases, applications, software, programs, products or services, and the Internet in general. The contents of INFLUENCUR Videos and other offerings that allow interactions with third parties, including between Users, on Influencur are the sole responsibility of the people involved in those interactions. Influencur is not responsible for the content of the interactions you may have with third parties through INFLUENCUR Videos or other offerings. You should make whatever investigation you feel necessary or appropriate before proceeding with any contact or interaction, in connection with our Site or otherwise. However, you agree not to contact or interact with any Talent User except as expressly permitted through our Site. You also agree that Influencur may, in its sole discretion, intercede in any dispute and you will reasonably cooperate with Influencur if it does so. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities of any kind or nature incurred as the result of any such interaction. You hereby release each Influencur Party (defined below) from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or our Site. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (AND ANY OTHER SIMILAR APPLICABLE STATE STATUTE), WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY".
  2. From time to time, an entity may be identified on a Talent User’s booking page or be associated with the Talent User elsewhere on our Site as a charitable organization or a recipient of funds that are being raised (“Charity”). For example, the Talent User’s booking page may indicate that all or a portion of the Talent User’s revenue from a INFLUENCUR Video will be given to the Charity. Those arrangements are strictly between the Talent User and the Charity. Influencur is not a sponsor of, does not endorse, and is not affiliated with the Charity and is not a commercial co-venturer with respect to such arrangements (unless otherwise expressly stated in writing by Influencur). Unless expressly stated, Influencur does not control and makes no warranties about the Charity or any donation to the Charity.
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13. Changes to our Site

You acknowledge and agree we may change or discontinue any aspect of our Site at any time, without notice to you.

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14. Termination and Reservation of Rights

You may cancel your Site account at any time by contacting a member of the Influencur team at go@influencur.com. We reserve the right to terminate access to our Site to any person, including you, at any time, for any reason, in our sole discretion. If you violate any of these Terms, your permission to use our Site automatically terminates.

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15. Indemnification

You agree to indemnify, defend, and hold harmless Influencur and its parents, subsidiaries, affiliates, officers, employees, directors, shareholders, agents, partners, vendors, and licensors (each, a “Influencur Party,” and collectively, “Influencur Parties”) from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including reasonable attorneys’ fees and costs) of any kind or nature arising from, out of, in connection with, or relating to: (a) these Terms; or (b) use of our Site. Influencur may select counsel for and control the defense of any claim that you are indemnifying. You will reasonably cooperate with us in connection with any claim.

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16. Disclaimers and Limitations on Liability

  1. You acknowledge and agree that your use of our Site is at your own risk and that our Site is provided on an “as is” and “as available” basis. To the extent permitted by applicable law, the Influencur Parties disclaim all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including those related to merchantability, fitness for a particular purpose, non-infringement, and arising out of course of dealing or usage of trade, and in no event shall the authors or copyright holders of the Site or its components or software be liable for any claim, damages, or other liability, whether in an action of contract, tort, or otherwise, arising from, out of, or in connection with the Site, its use, or other dealings in associated components or software.
  2. In particular, the Influencur Parties make no representations or warranties about the accuracy or completeness of content available on or through our Site or the content of any social media platform or third-party website linked to or integrated with our Site. You acknowledge and agree that the Influencur Parties will have no liability for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury, property damage, or other harm resulting from your access to or use of our Site; (iii) any unauthorized access to or use of our servers, any personal information, or user data; (iv) any interruption of transmission to or from our Site; (v) any bugs, viruses, trojan horses, or the like that may be transmitted on or through our Site; or (vi) any damages, losses, costs, expenses, or liabilities of any kind incurred as a result of any content posted or shared through our Site.
  3. You acknowledge and agree that any material or information downloaded or otherwise obtained through our Site, including any INFLUENCUR Video, is done at your own risk and that you will be solely responsible for any damages, losses, costs, expenses, or liabilities arising from or in connection with doing so. No advice or information, whether oral or written, obtained by you from us or through our Site, including through a INFLUENCUR Video, will create any warranty not expressly made by us.
  4. You acknowledge and agree that when using our Site, you will be exposed to content from a variety of sources, and that Influencur is not responsible for the accuracy, usefulness, safety, legality, or intellectual property rights of or relating to any such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, objectionable, or harassing, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against any Influencur Party with respect thereto.
  5. To the fullest extent permitted by applicable law, you acknowledge and agree that in no event will any Influencur Party be liable to you or to any third party for any indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data) or for the cost of obtaining substitute products, arising out of or in connection with these Terms, however caused, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability, or otherwise, and whether or not Influencur has been advised of the possibility of such damages.
  6. To the maximum extent permitted by applicable law, our total cumulative liability to you or any third party under these Terms, including from all causes of action and all theories of liability, will be limited to and will not exceed the fees actually received by Influencur from you during the 12 months preceding the claim giving rise to such liability.
  7. Certain jurisdictions do not allow the exclusion or limitation of certain damages. If those laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.
  8. You agree that the limitations of damages set forth above are fundamental elements of the basis of the bargain between Influencur and you.
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17. Waiver of Certain Rights

  1. No Jury Trial: You and Influencur each hereby waive any right to a jury trial of any controversy, claim, counterclaim, or other dispute arising between you and Influencur relating to these Terms or our Site (each a “Claim,” and collectively, “Claims”).
  2. No Class Representative or Private Attorney General: You and Influencur each agree that with respect to any Claim, neither may: (i) act as a class representative or private attorney general, or (ii) participate as a member of a class of claimants. You agree that neither you nor Influencur may litigate (or seek to litigate) any Claim on a class or representative basis, and that you and Influencur may seek relief only for and through individual Claims. You and Influencur may not consolidate or join, or seek to consolidate or join, any controversy, claim, counterclaim, or other dispute of other persons or parties who may be similarly situated.
  3. Severability/No Waiver/Survival: If any provision of this Section 17 is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed and the remainder of this Section 17 will continue in full force and effect. No waiver of any provision of this Section 17 will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver will not waive or affect any other provision of these Terms. This Section 17 will survive the termination of your relationship with Influencur.
  4. 30-Day Opt-Out Right: You have the right to opt out of the provisions of this Section 17 by sending, within 30 days after first becoming subject to its terms, written notice of your decision to opt out to the following address: go@influencur.com. Your notice must include your name and address, any usernames, each email address you have used to submit your INFLUENCUR Video requests or set up an account on our Site (if applicable), and an unequivocal statement that you want to opt out of this Section. You agree that if you opt out of this Section, all other parts of these Terms will continue to apply to you. Opting out of this Section has no effect on any other agreements that you may currently have, or may enter in the future, with us.
  5. LIMITATIONS: This Section 17  limits certain rights, including the right to maintain certain court actions, the right to a jury trial, the right to participate in any form of class or representative claim, and the right to certain remedies and forms of relief.
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18. Other Provisions

  1. Force Majeure: Under no circumstances will any Influencur Party be liable for any delay or failure in performance due in whole or in part to any acts of God (such as earthquakes, storms, floods, etc.), epidemics, natural disasters, unavoidable accidents, internet and communication service interruptions, laws, rules, regulations or orders of government authorities, acts of war (declared or not), terrorism, hostilities, blockades, civil disturbances, embargoes, strikes, or any other event or cause beyond the reasonable control of any Influencur Party.
  2. Choice of Law and Jurisdiction: These Terms will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any conflict of laws rules or provisions. You agree that any action of whatever nature arising from or relating to these Terms or our Site will be filed only in the state or federal courts located in Cleveland, Ohio. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
  3. Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed from these Terms and will not affect the enforceability of any other provision.
  4. No Waiver or Amendment: The failure by Influencur to enforce any right or provision of these Terms will not prevent Influencur from enforcing such right or provision in the future and will not be deemed to modify these Terms.
  5. Assignment: Influencur may, at any time, assign its rights and obligations under these Terms, including to an affiliated entity or in connection with a sale of assets, merger, acquisition, reorganization, bankruptcy, other transaction, or by operation of law.
  6. Miscellaneous: The term “including” in these Terms will be interpreted broadly and will mean “including, without limitation.” Titles are for convenience only and will not be considered when interpreting these Terms.
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19. Changes to these Terms

We may change these Terms. If we do, we will post the revised Terms on our Site and, in the case of any material change, update the “Last Updated” date at the top of these Terms. Any portion of the revised Terms granting a license to you will be effective on the Effective Date. All other portions of the revised Terms will be effective upon the earlier of: (a) your acceptance of the revised Terms (for example, by agreeing when you create an account or login to an existing account, or by using or continuing to use our Site after the revised Terms have been posted); or (b) the “Effective Date” listed at the top of the revised Terms. If the Effective Date differs from the Last Updated date, we will make a link available to the prior version of these Terms during the intervening period.

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