Terms and Conditions
Last Updated: April 1st, 2024
Social Currant Company (“Social Currant” or “We” or “Us”) has enacted this Terms and Conditions of Use Agreement (this “Agreement” or these “Terms of Use”) states the terms and conditions under which you may use the website located at https://socialcurrant.co and any affiliated internet domain names, associated web pages, features, and functions (individually and collectively, the “Site”). For purposes of this Agreement, the term “Agreement” shall mean these Terms of Use, as well as any additional terms and conditions that apply to and govern your use of the Services and its features and functions that We make available to you from time to time through the Site. These Terms of Use and our use of “Agreement” is intended to and shall include the Company’s Privacy Policy which can be accessed through a link on the Site’s home page and which is hereby incorporated into this Agreement and our agreement with you by this reference. This Agreement shall remain in full force and effect as long as you are a user of the Site, even if your use of or participation in any particular facet of the Services, features, or functions terminates, expires, ceases, is suspended, or deactivated for any reason. These Terms and Conditions (“Terms” or the “Agreement”) are entered into as of the Effective Date listed in the initial Currant Platform Agreement by and between Social Currant (“Company”) and the customer (“Customer”) set forth in the Currant Platform Agreement.
Social Currant provides a proprietary platform (“Platform”) and campaign management services (“Services”) to help brands, advertisers, organizations and marketing agencies (“Marketers”) create and run sponsored marketing campaigns (“Campaigns”) by connecting and collaborating with social media celebrities, influencers, and creators (“Creators”) to develop content for marketing campaigns. The Site is offered and made available only to users eighteen (18) years of age or older, and if you are not yet 18 years old, you must have a parent or guardian’s permission to view or use the Site. Moreover, if your use of the Site is prohibited or restricted in any way by the laws, regulations, or other governmental requirements of the jurisdiction in which you live or reside, or if, for any reason and at any time, you do not agree with anything contained in these Terms of Use, please discontinue using the Site immediately.
PLEASE READ THIS AGREEMENT AND THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE AND SERVICES OFFERED BY SOCIAL CURRANT. BY ACCESSING, BROWING OR OTHERWISE USING THE SITE: (I) YOU CERTIFY THAT YOU ARE AT LEAST 18 YEARS OF AGE OR HAVE A PARENT OR GUARDIAN’S PERMISSION FOR YOUR USE OF THE SITE, (II) YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BY BOUND THIS AGREEMENT, THE TERMS AND CONDITIONS CONTAINED HEREIN, AND THE POLICIES REFERENCED HEREIN OR MADE AVAILABLE BY HYPERLINK, AND (III) EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 20, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOUR REMEDY FOR DISSATISFACTION WITH THE SITE, THE SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR SERVICES OR THE CONTENT. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE SITE.
1. Permitted Use.
The Site is available to users in the general public without registering, and you may visit and browse the Site without charge or obligation; provided, however, We reserve the right in our sole discretion to make changes, limit, or restrict any portion of the Site at any time and from time to time, without notice to you. By using the Site and Services offered by Social Currant, you represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parents’ or guardians’ permission to use the Site and Services and have received permission from your parent or guardian to agree to these Terms of Use on your behalf). If you’re agreeing to these Terms of Use on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms of Use on that organization’s or entity’s behalf and bind them to these Terms of Use (in which case, the references to “you” and “your” in these Terms of Use, except for in this sentence, refer to that organization or entity).
2. Prohibited Use.
You are prohibited from any use of the Content or Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. You will only use this Site and its services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. You may not assign, delegate or transfer these Terms of Use or your rights or obligations hereunder, or your account, in any way (by operation of law or otherwise) without prior written consent from Social Currant. If your use of the services of this website is prohibited by applicable laws, then you aren’t authorized to use the Services.
3. Ownership and Proprietary Rights.
The Site, including all tangible or intangible content, media, and materials, all software, code, design, text, images, audio and video material, databases, proprietary information, audio-visual works and recordings, computer graphics and visual effects, as well as any accompanying documentation, and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence, and ‘look and feel’ and arrangement of items, and all derivative works, translations, adaptations, or variations of the same, regardless of the broadcast medium, format, or form, now known or hereinafter developed or discovered, alone or in conjunction with other works in any part of the world, are the property of Social Currant and/or its affiliates, and their authorized advertisers, licensors, suppliers, service providers, promotional partners, and/or sponsors (all of the foregoing, individually and/or collectively, is referred to herein as “Content”).
All Content on the Site is legally protected, without limitation, under federal and state laws and regulations of the United States, as well as applicable foreign laws, regulations, and treaties. Social Currant authorizes you to access the Content and grants you the right to use the Site solely for your non-commercial, non-exclusive, non-assignable, non-transferable, and limited personal use and for no other purpose whatsoever. You must not alter, delete, or conceal any copyright or other notices contained on the Site, including notices on any Content you display, print, or reproduce from the Site. Unless We explicitly and specifically notify you otherwise in writing, you shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, sell, upload, transmit, disseminate, broadcast, or circulate to any third party (including, without limitation, on or via a third-party website) or otherwise use any Content without the express prior written consent of Social Currant. We will not be responsible for your use of the Site in any way that breaks any law or regulation and any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both.
You may not use any computerized or automatic mechanism, including, without limitation, any Web scraper, spider, or robot, to access, extract, or download any Content from the Site unless you are expressly authorized to do so by Social Currant. As an express condition of your use of the Site, you warrant that you will not use the Site for any unlawful purpose or purpose prohibited by this Agreement. Social Currant makes no representation that any Content is legal or appropriate for use outside of the United States of America or that it is authorized for export from the United States or for import into any foreign country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the U.S. used to access the Site.
4. Grant of Rights and Ownership.
Subject to the terms of this Agreement, the Platform and Services are owned and operated by Social Currant. Any and all Content, inclusive of all data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names, logos, trade dress, patents, copyrighted or copyrightable materials, and other information contained in or made available through the Platform and Services are proprietary to Social Currant, its affiliates, and/or third-party licensors. The Content is protected by international copyright and trademark laws and is the confidential, proprietary information of Social Currant and the Creators.
Any use of the Content, in whole or in part, including but not limited to adapting, displaying, distributing, publishing, storing in a retrieval system, transmitting, converting, copying, or issuing copies, lending, or reproducing the Content in any other form or by any other means whatsoever, whether electronic or otherwise, and including making the same available via the internet or wireless technology or authorizing any of the foregoing without the prior written consent of Social Currant, is strictly prohibited. To obtain written consent for such use, please contact Social Currant at info@socialcurrant.com. Marketer agrees that any use of the Content by Marketer authorized by Social Currant and the goodwill associated with such use will benefit Social Currant. Marketer agrees and acknowledges that it will not acquire any interest in the Content or the goodwill associated with the Content by virtue of these Terms of Use or Marketer’s use of the Content.
5. License to Materials Used to Create Content and Campaign Content.
Marketer hereby grants Social Currant a non-exclusive, fully-paid-up, royalty-free, perpetual, sublicensable worldwide license and irrevocable right to create, collaborate, and permit Creators to create Campaign Content using any intellectual property described in a Campaign Brief or Program Agreement entered into by Marketer. Social Currant may, from time to time and at Social Currant’s sole discretion, without limiting any of Social Currant’s other rights or remedies at law or in equity under these Terms of Use: (a) suspend or terminate this license and user’s, Creator’s and Marketer’s access to or use of the Platform pursuant to the termination provisions contained herein; and (b) make any modifications to the Platform without prior notice to any user.
6. Ownership of Campaign Content.
All rights, title, and interest, including without limitation, all intellectual property rights, in and to any Campaign Content, including all photographs, images, videos, audio, works of art, original writing, drawings, derivatives, compositions, creations, and inventions developed by Creators, will be owned exclusively by the Creators, unless otherwise agreed to with Social Currant pursuant to a Campaign Brief or Program Agreement.
7. Limited Rights Grant to Marketer.
Notwithstanding the foregoing and subject to receiving all required payments from Marketer (including under any Campaign Brief or Program Agreement), Social Currant will grant Marketer a non-exclusive, royalty-free, worldwide right to use the Campaign Content for the period agreed upon when signing a creator following the posting date on the applicable social media channel(s), for the sole purpose of posting the content on social media channels that Marketer owns or controls and for which Marketer has not received any compensation or other incentive to post (i.e., an ad) (“Social Rights”). These Social Rights are limited to social media platforms such as Instagram, Facebook, YouTube and TikTok. Marketer does not have the right to use Campaign Content for any other purpose unless agreed upon in writing. Marketer does not have the right to use any Work Product that does not form part of the Campaign Content.
In addition to the Social Rights, Marketer can request non-exclusive, royalty-free, worldwide rights to use the Campaign Content on other digital marketing channels (“Digital Rights”), broadcasting channels (“Broadcasting Rights”), or non-digital marketing channels (“Offline Rights”), as detailed in the respective Campaign Brief or Program Agreement and purchased from the Creator(s) through Social Currant. Where a Campaign includes Creator content without the Creator(s) posting content to their social feeds (“Just Content”), Marketer will have the Just Content and Digital Rights for a period agreed upon for the specific case following the approval date in the respective Campaign Brief, Program Agreement, or Platform. Marketer may request and purchase additional Digital Rights from the Creator(s) through Social Currant, as indicated in the respective Campaign Brief, Program Agreement, or Platform. Upon request, extended licenses to use Campaign Content for other purposes or an assignment of all of the Creator’s rights, title, and interest in the Campaign Content can be purchased from the Creator(s) through Social Currant (collectively, the “Extended Rights”).
8. Rights Granted to Company.
Marketer hereby grants Social Currant a non-exclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, and communicate the name and trademark of Marketer’s company or organization (“Marks”) as a Member of Social Currant’s Platform or Services in any media whatsoever, including in Social Currant’s marketing materials during and after the term of these Terms of Use. Social Currant agrees that it will not acquire any interest in the Marks, and the goodwill associated with Social Currant’s use of the Marks will benefit Marketer.
9. Intellectual Property Policy.
Social Currant respects copyright law and the intellectual property rights of others, and Social Currant expects its Members to do the same. Social Currant will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to Social Currant. In appropriate circumstances, Social Currant will terminate the accounts of Members who are repeat copyright infringers. Social Currant reserves the right to remove Member Content alleged to be infringing without prior notice, at Social Currant’s sole discretion. If Marketer believes that any of Marketer’s Member Content was subsequently removed from the Platform, or to which access was disabled, or was improperly removed or disabled, please provide the following Counter-Notification to Social Currant’s Copyright Agent:
Marketer’s physical or electronic signature;
A description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement, under penalty of perjury, that Marketer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Marketer’s name, address, and telephone number, and a statement of Marketer’s consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that Marketer will accept service of process from the person who provided notification of the alleged infringement.
10. Restrictions on Use of Materials.
You acknowledge that this Site contains content that, where applicable, is protected by copyrights, trademarks, service marks, trade secrets, patents, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content contained on this Site, where applicable, is and shall remain the property of Social Currant or any other Creator who has been involved with the creation and/or publication of the Content. You agree to comply with all copyright and trademark laws and you shall not encumber any interest in, or assert any rights to, the Content. You shall at no time assert any claims of ownership over any Content or Marks by reason of your use of or any right to use this Site, and such use or right to use anything described herein shall not grant or create or suffer to exist any lien or other security interest arising therefrom. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. You may print copies of the Content, provided that these copies are made only for personal, noncommercial use and that you maintain any notices contained in the Content, or maintained by the Contributor, such as all copyright notices, trademark legends, or other proprietary rights notices. You shall not store electronically any significant portion of any Content.
We authorize you to view and use the Content on this Site solely for your personal, noncommercial use. The use of the Content on any other site, including by linking or framing, or in any networked computer environment for any purpose is prohibited without prior written approval from Social Currant. For permission to use Content from this Site, request written permission and provide full attribution to Social Currant by contacting Social Currant’s Designated Agent at vidyut@socialcurrant.co.
11. Privacy.
Social Currant will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. An exception to this policy would be complying with legal enforcement agencies that provide valid documentation to obtain such information. We store and process Content on computers located in the United States that are protected by physical as well as technological security. For questions regarding the practices and procedures regarding privacy protection, please consult Social Currant’s Privacy Policy.
12. Confidentiality.
Marketer and Social Currant will maintain the confidentiality of all confidential information disclosed by each party to the other, including details in connection with or as a result of entering into these Terms of Use or any Campaign Brief or Program Agreement, as applicable, including, without limitation, information concerning the other party’s past, present or future customers, suppliers, technology or business, marketing and consumer research, market potential information, consumer data, clinical data, formulas, product applications, potential consumer use information, operating plans, financial data, business and/or marketing plans, forecasts, designs, prototypes, concepts, trade secrets, software, know-how, formulae, and product specifications, as well as all data compilations, analyses, conversations, discussions, descriptions, and expressions of opinions (“Confidential Information”). Confidential Information will not, however, include any information which: (i) was publicly known and made generally available in the public domain prior to the time of disclosure to the other party, (ii) becomes publicly known and made generally available to the public through no action or inaction of the other party, (iii) is obtained by the other party from a third party without a breach of such third party’s obligations of confidentiality, or (iv) is independently developed by the other party without use of or reference to the Confidential Information, as shown by competent evidence in the other party’s possession.
Marketer and Social Currant agree that during and at all times thereafter, they will not, except to exercise their rights or perform their obligations under these Terms of Use: (i) disclose Confidential Information of the other party to any person, except to their own personnel or affiliates that have a “need to know” and have entered into written agreements no less protective of such Confidential Information than these Terms of Use, and to such other recipients as the other party may approve in writing, (ii) use Confidential Information of the other party, or (iii) alter or remove from any Confidential Information of the other party any proprietary legend. Marketer and Social Currant will take industry-standard precautions to safeguard Confidential Information, which will, in any event, be at least as stringent as the precautions that each party takes to protect its own Confidential Information of a similar type.
Marketer or Social Currant may disclose the other party’s Confidential Information: (i) to the extent that such disclosure is required by applicable law or by the order of a court or similar judicial or administrative body, provided that, except to the extent prohibited by law, the party required to disclose promptly notifies the other party in writing of such required disclosure and cooperates with the other party to seek an appropriate protective order, (ii) to Marketer or Social Currant’s legal counsel and other professional advisors if and to the extent such persons need to know such Confidential Information to provide applicable professional advisory services in connection with Marketer or Social Currant’s business, or (iii) to potential assignees, acquirers, or successors of Marketer or Social Currant if and to the extent such persons need to know such Confidential Information in connection with a potential sale, merger, amalgamation, or other corporate transaction involving the business or assets of Marketer or Social Currant.
We respect the intellectual property of others, and We ask you to do the same. Accordingly, Social Currant has adopted the following Intellectual Property Compliance Policy. If you or any user of the Site believes its copyright, trademark, or other property rights (“IP Rights”) have been infringed, the IP Rights owner (“Complaining Party”) should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include all of the following:
A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;
Identification of the IP Rights claimed to have been infringed;
Information reasonably sufficient to permit Us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted;
Identification of the material that is claimed to be infringing or to be subject to infringing activity on the Complaining Party’s IP Rights that is to be removed and information reasonably sufficient to permit Us to locate such materials;
A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law; and
A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive IP Right that is allegedly infringed.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (the “DMCA”), The Company’s Designated Agent for notice of claims of IP Rights infringement can be reached at vidyut@socialcurrant.co. Upon notice, We will act expeditiously to review and, if necessary, remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly infringe the intellectual property rights of others. Any such removal will be without liability to you or any other party, and the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA. We take protection of copyrights, both our own and others, very seriously.
The Marks, including the “Social Currant” and other related Company names, our logo, brands, trade names, trademarks, service marks, and other distinctive identifications on or of the Site, are the intellectual property of and proprietary to Social Currant, its advertisers, suppliers, and others with whom Social Currant may do business. You have no right to use any of these Marks or any confusingly similar marks for any purpose without the express prior written consent of Social Currant.
13. Children’s Online Privacy Protection Act.
Social Currant does not knowingly collect or solicit personally identifiable information from children under thirteen (13) years of age. If you are a child under 13 years of age, please do not attempt to register for or otherwise use the services of the Sit or send Us any personal information. If We learn We have collected personal information from a child under 13 years of age, We will delete that information as quickly as possible. If you believe that a child under 13 years of age may have provided personal information to Us, you may send an e-mail to the e-mail address contained on the “Contact Us” page of the Site and included below in Section 23.
14. Termination.
Social Currant reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of our Site or the Content, at any time and for any reason without prior notice or liability. In the event you breach any term, condition or part of this Agreement, your permission to use the Site, the Services and the Content shall terminate automatically, and you must immediately destroy any copies of any Content which you have produced. This Agreement will remain in full force and effect as long as you are a user of the Site, even if your use of or participation in any particular service, feature, or function terminates, expires, ceases, is suspended, or deactivated for any reason. Social Currant reserves the right to change, suspend, or discontinue all or any part of this Site, the Services or the Content at any time, without prior notice or liability.
15. Third Party Links.
As a convenience to you, this Site may periodically provide links to third party websites through links available on this Site including websites of entities that are affiliated with Social Currant (“Third-Party Sites”) where We feel it is appropriate. Lists of links are not complete lists of relevant and/or useful internet resources. Our decision to link to a Third-Party Site is not an endorsement of the Content in that linked Third Party Site. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD-PARTY WEB SITE, NOR DO WE MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONTENT (OR THE ACCURACY, CURRENTNESS, OR COMPLETENESS OF SUCH CONTENT) ON ANY THIRD-PARTY WEB SITES, AND SOCIAL CURRANT SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY OF THE FOREGOING. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked Third-Party Sites, you do so at your own risk. You should direct any concerns to the Third-Party Sites’ administrator or webmaster.
16. Advertisements and Malware.
We take great care and pride in creating the Site. We are always on the lookout for technical glitches that affect how the Site works. When We find them on our end, We will fix them. Unfortunately, your home computer may cause some glitches that affect how you see the Site — and that is totally beyond our control.
If you experience any unusual behavior, content, or ads on the Site, it may be the result of Malware on your computer. Malware — short for MALicious softWARE — is a term used to broadly classify a form of software that is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, keyloggers, malicious active content, rogue programs and dialers, among others. While We continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on the Site and on other sites that you visit. If you do discover any Malware on your system, We suggest you speak with a qualified computer technician.
17. Disclaimer.
SOCIAL CURRANT AND ITS LICENSORS, SUPPLIERS, PARTNERS, PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (TOGETHER, THE “SOCIAL CURRANT PARTIES”) PROVIDE THE SITE AND CONTENT IN AN “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. THE CONTENT PROVIDED ON THIS WEBSITE IS PROVIDED AS A SERVICE TO SUPPORTERS OF SOCIAL CURRANT AND MEMBERS OF THE PUBLIC. INFORMATION PRESENTED ON THIS WEBSITE IS PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. THE SOCIAL CURRANT PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH OR IN CONNECTION WITH THE USE OF THIS WEBSITE. THE SOCIAL CURRANT PARTIES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT CONTAINED ON THIS WEBSITE.
THE SOCIAL CURRANT PARTIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE OR ANY CONTENT, INCLUDING, AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM SOCIAL CURRANT SHALL CREATE ANY WARRANTY.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
THE SOCIAL CURRANT PARTIES DO NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
18. Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL SOCIAL CURRANT OR THE SOCIAL CURRANT PARTIES BE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT OF THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR ANY CONTENT AVAILABLE THROUGH THE WEBSITE.
IN NO EVENT SHALL SOCIAL CURRANT OR THE SOCIAL CURRANT PARTIES BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THIS SITE, THE CONTENT OF THIS WEBSITE, THE SERVICES PROVIDED, OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS SOCIAL CURRANT’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE.
19. Indemnification.
You agree to indemnify and hold Us and the Social Currant Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims related to your use of this Site (including any actions taken by a third party using your account), and your violation of these Terms of Use. In the event of such a claim, suit, or action (“Claim”), We will attempt to provide notice of the Claim to the contact information We have for your account, if any (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
20. Arbitration.
For any dispute you have with Us, you agree to first contact Us in writing and attempt to resolve the dispute with Us before seeking arbitration in accordance with this Section 20. If We have not been able to resolve the dispute with you promptly thereafter, We each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms of Use by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Social Currant agree otherwise, the arbitration will be conducted in Washington D.C. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees, each in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from a court of competent jurisdiction, as set forth in the Section immediately below, for matters related to data security, intellectual property or unauthorized access to this Site.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND SOCIAL CURRANT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
21. Governing Law and Jurisdiction.
These Terms of Use shall be subject to, governed by and construed under the laws of the District of Columbia in the United States of America without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Washington D.C., for any actions not subject to Section 20. Your access to, or use of, this Site or information, materials, products and/or services on the Site may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing the Website.
You hereby consent to and waive all objection to the exclusive jurisdiction of the federal and state courts in Washington D.C. and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of the Site. However, We retain the right to bring legal proceedings in any jurisdiction where We believe that infringement of this agreement is taking place or originating.
22. Payment and Fees
Customer shall pay Company all fees as described in the Currant Platform Agreement in full without and refund, deduction, credit except if provided for herein. Unless specified otherwise in the Currant Platform Agreement, Company may increase Fees in its sole discretion up to 3 times per calendar year upon 30 day’s written notice to Customer. Unpaid Fees are subject to charge of 3% per month on any outstanding balance. Customer shall pay all costs of collection, including without limitation, reasonable attorney fees. In addition to any other right or remedy provided by law, if Customer fails to pay for the Services when due, Company has the option to treat such failure to pay as a material breach of this Agreement, and may cancel this Agreement and/or seek legal remedies. All other transaction fees are described in the Currant Platform Agreement.
23. Miscellaneous.
This Agreement contains the entire agreement of the parties for this Site and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. We reserve the right to make any changes to this Agreement and the terms and conditions contained herein without prior written notice and as deemed necessary or desirable. This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. You agree to use the Content and this Site only for lawful purposes. We may transfer, assign, or delegate this Agreement and its rights and obligations without your consent. If any provision of this Agreement shall be invalid or unenforceable, in whole or in part, or as applied to any circumstance, under the laws of any jurisdiction which may govern for such purposes, then such provision shall be deemed to be modified or restricted to the extent and in the manner necessary to render the same valid and enforceable, either generally or as applied to such circumstance, or shall be deemed excised from this Agreement, as the case may require, and this Agreement shall be construed and enforced to the maximum extent permitted by law as if such provision had been originally incorporated herein as so modified or restricted, or as if such provision had not been originally incorporated herein, as the case may be. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Social Currant’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
24. Contact Us.
Have questions or concerns about Social Currant, these Terms of Use, the Site and related Services? You can learn more about how these terms and conditions contained herein and how We protect your privacy by visiting the Website at https://socialcurrant.co/. Should you have any comments and/or questions about this Agreement, you may send an e-mail to info@socialcurrant.com with your specific comments and/or questions for more information.
© 2024 Social Currant Company
All rights are hereby reserved by Social Currant Company, a corporation organized under Delaware law.