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Terms of Service

Naritiv Terms of Service

Effective Date: September 26, 2016
Naritiv Terms of Service

Welcome to https://naritiv.com (the “Site”). Naritiv Inc. and its affiliates (“Naritiv,” “us”, “we”) provide website access, features, content and services to you subject to the following Terms of Use (the “Terms”). The Terms govern your use of the Site, as well as any of our affiliated websites, applications, and any services, features and content offered by us on or through the Site (the “Services”) (collectively with the Site, the “Platform”). You may use the Platform only on the condition that you abide by the Terms below. Therefore, it is crucial that you comprehend these Terms. Any continued use of the Platform implies that you have read and consent to these Terms (and all other policies set forth within the Platform) without limitation or qualification.

You agree to be bound by these terms

YOUR USE OF THE PLATFORM SIGNIFIES YOUR AGREEMENT TO THESE TERMS AND ANY OTHER TERMS OR POLICIES SET FORTH WITHIN THE PLATFORM AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THESE TERMS OR ANY OTHER TERMS OR POLICIES SET FORTH WITHIN THE PLATFORM, INCLUDING ANY MODIFICATIONS THAT NARITIV MAKES FROM TIME TO TIME.

You may use the Platform only if you are 18 years or older, are legally capable of forming a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Platform on behalf of a company, organization, government or other legal entity you represent and warrant that you are authorized to do so. If you are under 18, you may use the Platform only with the involvement of a parent or guardian. We will not be liable for any damages that may result from misrepresentation of age by a user of the Platform.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE STOP USING THE PLATFORM IMMEDIATELY.

These Terms will continue to apply to you until terminated by either you or us. We may terminate these Terms or suspend your access to the Platform at any time. If we suspend your access to the Platform, we shall have no liability or responsibility to you.

We may modify these terms

From time to time, we may change, update, delete or add to these Terms. Any changes to these Terms will be effective immediately upon posting, and any continued use by you of the Platform after changes have been posted constitutes your acceptance to those changes. It is your responsibility to review these Terms and applicable policies periodically for changes.

Privacy

We respect the privacy of our customers and encourage you to read our Privacy Policy, located at https://naritiv.com/privacy, to understand our practices so that you may make an informed decision about using the Platform. Any information we may collect through your use of the Platform is subject to our Privacy Policy. Through your acceptance of these Terms, you expressly consent to the use and disclosure of personally identifiable and other data and information as described in the Privacy Policy.  To the extent any such data or information is collected or generated by us, the data and information will be solely owned by us and may be used by us for any lawful purpose.

Our Services

We offer a way for brands, advertisers, marketers or their agents, and/or other companies or businesses (individually a, “Brand”) to engage digital influencers and content creators (individually, an “Influencer”) to promote the Brand through the creation and distribution of digital content (each a “Campaign”).   If you are a Brand or an Influencer participating in a Campaign, in addition to these Terms, you will be subject to the terms and policies governing Campaigns provided to you by us and any other rules and regulations governing such Campaign. You acknowledge and agree that you may be required to enter into additional agreement(s) with Naritiv in connection with each Campaign that, along with these Terms, will govern your participation in said Campaign.

Accounts and Profiles
  1. To access certain features of the Platform, you may be directed to register and/or create a user profile or account (“Account”). You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your Account. You will also be responsible for maintaining the security and confidentiality of all of the information you submit to us through the Platform and anything else you communicate or post on or through the Platform. You may update any of your information, including your password, by going to your account settings. While we take commercially reasonable precautions to make sure all of the information we collect is secure, there is no security measure that is fail proof. We therefore cannot guarantee the security of your Account information. You may cancel your Account at any time and cancellation will take effect immediately.
  2. You may not share or transfer your Account, and you may not disclose your password to anyone. You agree to immediately notify us by sending an email to  admin@naritiv.com of any known or suspected unauthorized use(s) of your Account or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password. You understand and agree that you shall be liable for all activities that occur under any Account created for your use, even if you did not commit such activities. We are not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.
  3. In creating an Account, you shall not: (a) select or use the email address or user name of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without authorization, (c) use an email address or user name that is profane, offensive or otherwise inappropriate or (d) allow any other party to use your Account and/or password.
  4. We reserve the right to refuse service, terminate Accounts, and/or remove or edit content, in our sole discretion at any time, for any reason, without notice. For example, if we have reasonable grounds to suspect your Account information is fraudulent or inaccurate, or if we considered anything contained in your Account to be harmful, illegal, misleading, libelous, threatening, offensive, disruptive, inappropriate or in violation of these Terms, we may suspend or terminate your Account and refuse any and all current or future use of the Platform. Naritiv will not be liable for any damages or loss resulting from the removal of any User Content from the Platform or termination of your Account.
  5. As part of the registration process, you may be asked to submit your name, address, email address, date of birth, address and/or similar information and to select a password. As an Influencer, you may also be required to submit data and information related to your social media reach, demographic, geographic reach, a bio, photos and related content and information for use in your Account profile. You agree that all information you provide to Naritiv for purposes of creating an Account (“Registration Information”) will be true, accurate, current and complete, and your failure to provide such information shall constitute a breach of these Terms and may result in the immediate termination of your Account.
  6. As an Influencer, if you elect to create an Account and to share your data and information, which may include personally identifying information and intellectual property, you hereby grant Naritiv the right to disclose your data and information to Brands and other third parties.
  7. You understand that all of your data, information, text, software, graphics, photos, or other materials (collectively, the “User Content”), whether publicly posted or privately transmitted by you on the Platform, is your sole responsibility. You should only provide User Content that you are comfortable sharing with others. You retain your rights to any User Content you submit, post or display on or through the Platform, provided you agree that by submitting, posting or displaying User Content on or through the Platform, you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for Naritiv to provide, promote, and improve the Platform and to make User Content submitted available to other companies, organizations or individuals. Access to your Snapchat Account
  8. To use certain features of the Platform, you may be required to allow us to login to your Snapchat account, access, use and store your data, and post from your Snapchat account on your behalf. If required to do so, you hereby agree to grant us full access to your Snapchat account, and agree that you will not change your user name or password without notifying us prior to any such change. You further agree that Naritiv will not be liable for any damages or loss resulting from Naritiv’s access to and use of your Snapchat account, including without limitation a suspension or deactivation of your Snapchat account.

Intellectual Property The Platform, and the databases, software, hardware and other technology used by or on behalf of us to operate the Platform, and the structure, organization, and underlying data, information and software code thereof, and all text, designs, graphics, logos, page headers, button icons, scripts, service names, technical documentation, product information, visual interfaces, images, photographs, trademarks, sounds, music, videos, streaming content, and artwork (collectively, the “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement thereof, contained on the Platform is owned, controlled by us, or licensed to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. All other content not owned by us that appears on the Platform is the property of its respective owner, who may or may not be affiliated with, connected to, or sponsored by us.  YOU MAY NOT copy, use, republish, download, post, publically display, transmit, create derivative works, reproduce or distribute in any way the Content (or any portion thereof) in any manner without our prior express written permission. Nothing on the Platform should be construed as granting, by implication, or otherwise, any license or right to use any Content displayed on the Platform, without the prior written permission of Naritiv and/or the Content owner. We enforce our intellectual property rights to the fullest extent permitted by law. Any unauthorized attempt to copy or modify the Content, or to circumvent or defeat any of the security features design to protect the Content, is strictly prohibited. Without limiting anything contained herein, you specifically agree that you will not, and will not permit any third party to: (i) use the Content in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Content; (ii) use automated scripts to collect information from or otherwise interact with the Content; (iii) alter, modify, reproduce, create derivative works of the Content; (iv) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any rights to access or use the Content or otherwise make the Content available to any third party; (v) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Content; (vi) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Content; (vii) monitor the availability, performance or functionality of the Content; or (viii) interfere with the operation or hosting of the Content.

Limited License to Use the Platform

Subject to these Terms, you are granted a limited, non-sublicensable right to access the Platform (including the Content) for your personal, non-commercial, and informational use only. The foregoing license grant does NOT include the right for you to: (i) publish, publicly perform or display, or distribute to any third party any Content, including reproduction on any computer network or broadcast or publications media; (ii) market, sell or make commercial use of the Platform or any Content; (iii) systematically collect and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods; (iv) make derivative uses of the Platform or the Content; or (v) use, frame or utilize framing techniques to enclose any portion of the Platform (including the images found on the Platform or any text or the layout/design of any page or form contained on a page). All modifications and enhancements to the Platform and the Content remain the sole property of Naritiv. Any unauthorized use terminates the permission or license granted by us and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

You receive no ownership interest in or to the Platform or Content and you are not granted any right or license to use the Platform or the Content, apart from your right to access the Platform and Content under these Terms. 

You agree that you will not, in connection with your use of the Platform, violate any applicable law or regulation. Without limiting the foregoing, you agree not to: (i) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Platform or otherwise attempt to disrupt the Platform or any other person’s use of the Platform or (ii) attempt to gain unauthorized access to the Platform, or the computer systems or networks connected to the Platform. Furthermore, you may not use the Platform to develop, generate, transmit or store information that: (a) is defamatory, harmful, abusive, obscene or hateful; (b) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Platform, (c) performs any unsolicited commercial communication not permitted by applicable law; (d) constitutes harassment or a violation of privacy or threatens other people or groups of people; (e) is harmful to children in any manner; (f) violates any applicable law, regulation or ordinance; (g) makes any false, misleading or deceptive statement or representation regarding Naritiv and/or the Platform or (h) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias). You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content or information you provide or transmit. The burden of proving that any content does not violate any laws or third party rights rests solely with you.

DMCA Take-Down Procedure

It is our policy to block or remove any content and other materials on the Platform that we believe in good faith infringes the intellectual property rights of others. If you are a copyright owner who believes that your rights have been violated by any materials, content or information on the Platform, please send a notice containing the following information to the Designated Agent listed below:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works on the Platform.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Naritiv to locate the material.
  4. Information reasonably sufficient to permit Naritiv to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Upon notification, we will remove or disable access to the infringing material and notify the user that it has removed or disabled access to the material. If the user believes in good faith that the material that was removed is either not infringing, or that it has the right to post and use such material from the copyright owner or pursuant to the law, the user must send a counter-notification containing the following information to the Designated Agent listed below:
  7. A physical or electronic signature of the user;
  8. Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
  9. A statement that the user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
  10. The user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the user’s address is located, or if the user’s address is located outside the United States, for any judicial district in which Ultra is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement. If a counter-notification is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 14 business days or more after receipt of the counter-notice, solely at our discretion. It is our policy to terminate repeat infringement offender’s access to the Platform, and we reserve the right to do so. Please contact our Designated Agent at the following address:

Naritiv Inc.
2100 Abbot Kinney Blvd. #F
Venice, CA 90291
Attn: California Privacy Rights Administrator
Email: hello@naritiv.com

We may discontinue or suspend our sites, services, or your access

We reserve the right to add, change, modify, suspend or discontinue (temporarily or permanently) any portion of the Platform, in our sole discretion, at any time with or without notice. In addition, we may impose limits on any portion of the Platform or restrict your access to portions of or the entire Platform, in our sole discretion without notice or liability.

Internet Access

You are responsible for any Internet connection and telecommunication fees and charges that you incur when accessing the Platform, and you are responsible for having all equipment necessary to do so.

Customer Communications

All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Platform, such as your suggestions regarding improvements that we make to the Platform (collectively, “Comments”) will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory relating to submissions. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make. You warrant and represent that you own the rights to such or are otherwise authorized to distribute, display, perform, transmit, and distribute such Comments and grant us the right to do the same.

Third Party Content and Services

Third party services, content, information and products may be made available by Naritiv on or through the Platform (“Third Party Products”). Third Party Products are provided solely for your convenience and Naritiv makes no representations or warranties regarding any Third Party Products, takes no responsibility and assumes no liability for any Third Party Products. Third Party Products are subject to the applicable terms and policies of the third parties that offer them.

Linked Sites

The Platform may contain links to other websites that are not maintained or controlled by us. You acknowledge and agree that we are not responsible for the availability of such external services and websites, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, products or other materials on or available from such services and websites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any materials on or available from such services and websites.

If you place a link to the Platform, or any potion thereof, on a third party website, you must adhere to Naritiv’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Naritiv and/or its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Naritiv, (iii) when selected by a user, the link must display the Platform on full-screen and not within a frame on the linking site, and (iv) Naritiv reserves the right to revoke its consent to the link at any time and in its sole discretion.

DISCLAIMER OF WARRANTIES

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NARITIV MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, CURRENTNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE PLATFORM. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE PLATFORM IS AT YOUR SOLE RISK. NARITIV DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE PLATFORM AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL COSTS ARISING AS A RESULT OF THE USE OF THE PLATFORM.

Limitation of Liability

To the maximum extent permitted by law, in no event shall Naritiv or any of its subsidiaries, sponsors or affiliates, together with its respective directors, officers, shareholders, employees and agents be liable for any direct, incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation: (i) lost revenues or profits, (ii) loss of business or loss of data, or (iii) loss or damage to any computer, mobile phone or other device that is in any way related to the Platform, your use of the Platform, even if Naritiv and/or its subsidiaries, sponsors or affiliates have been advised of the possibility of such damages, or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in the Platform, including, without limitation, as a result of breach of any warranty or other term of the Terms, the use or inability to use the Platform, the software, unauthorized access to or alternation or your transmissions of data, statements or conduct of any third party on the Platform, any other matter relating to the Platform. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.

NARITIV’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE PLATFORM IS TO DISCONTINUE USE OF THE PLATFORM UNLESS OTHERWISE AGREED.

Indemnification

You agree to defend, indemnify and hold Naritiv, and its successors and assigns, and any affiliated companies, subsidiaries or sponsors and their respective officers, directors, affiliates, agents and employees, harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys fees and costs) arising out of or relating to: (i) your use or misuse of the Platform, (ii) your breach or alleged breach of these Terms including, without limitation, a breach or alleged breach of any representation or warranty by you in the Terms; (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Platform, or (iv) infringement, violation or misappropriation of any copyright, trade secret, or any other intellectual property rights or the violation of any property or privacy right arising from any of the information or content that you transmit on or through the Platform.

Governing Law; Jurisdiction

The Terms shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to choice of law principles. All disputes arising out of or related to your use of the Platform shall be subject to the exclusive jurisdiction of the state and federal courts located within California and you agree to submit to the personal jurisdiction of such courts.

General

Relationship of Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Naritiv as a result of the Terms or your use of the Platform. Assignment. Naritiv may assign the Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Terms without Naritiv’s prior written consent, and any unauthorized assignment by you shall be null and void. Severability. If any of the provisions of the Terms is found to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. Attorneys’ Fees. In the event any litigation is brought by either party in connection with the Terms, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation. No Waiver. Our failure to enforce any provision of the Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of the Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notices. All notices given by you or required under the Terms shall be in writing and addressed to: Naritiv Inc., 2100 Abbot Kinney Blvd. #F, Venice, CA 90291, unless otherwise specified herein. Equitable Remedies. You hereby agree that Naritiv would be irreparably damaged if the terms of the Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws. All questions and concerns regarding the Terms should be directed to admin@naritiv.com.

Copyright © 2016 Naritiv Inc. All Rights Reserved.