Terms and Conditions
These Terms and Conditions constitute a binding contract between 11posts (hereinafter “11posts” or “we”) and You.
This page (together with other documents referred to on it) contains the Terms and Conditions under which you may make use of our website (hereinafter generally referred as the “Service”), as a registered user. Please read these terms carefully before you start to use the site. By using our site, you indicate that you accept these Terms and Conditions and that you agree to abide by them. If you do not agree with these terms and conditions, please refrain from using our site.
To become a user of our site, You will be requested to complete a registration form in which you will provide a valid e-mail address. In case the individual using the Service is acting in the name and on behalf of a company or individual, the accessing party represents and warrants the validity and sufficiency of the powers with which (as the case may be) he/she acts to represent any individual or company.
11posts may at any time request You to provide proof of your identity and/or your powers of attorney to act on behalf of others, by providing a photocopy of your PoA, your Tax/National Identification Document or equivalent. Your failure to provide this information within the time stated by 11posts may lead to the termination of the Service.
BY ACCESSING AND/OR REGISTERING ON THE WEBSITE YOU REPRESENT AND WARRANT TO HAVE READ, UNDERSTOOD AND ACCEPTED WITHOUT ANY RESERVATIONS EACH AND EVERYONE OF THE FOLLOWING TERMS AND CONDITIONS. OTHERWISE, YOU ARE KINDLY ASKED TO REFRAIN FROM ACCESSING OUR SITE, SINCE YOU CANNOT USE THIS SERVICE.
1. Purpose. Description of service
The purpose of these Terms and Conditions is to establish the conditions of our influencer marketing services, which are provided at our website, which creates an online platform that:
- Advertisers (individuals or companies, marketing agencies or brands) may use to (i) design, launch, monitor and manage one or more influencer marketing campaign(s), (ii) select the most suitable influencer(s) for each campaign and (iii) send a service proposal to those influencers.
- Influencers (or their agents) may use to accept or reject the proposed service.
2. Registration process
The services provided by 11posts are available exclusively to registered and authorized Brands.
Registration is completed on the Website. To access the Service, Brands must register by providing a valid e-mail address and influencers may register by Social Login.
You represent and warrant that the information provided by You to register with the Service and any other personal or company details given by You to 11posts are true, up-to-date and complete, and you undertake to notify us of any changes or updates in the related details.
You further certify that you are in possession of all the applicable rights and authorizations required concerning the data and information provided to 11posts and uploaded on our site by You, first at registration and thereafter, on the use You make of the site.
During the registration process, You must choose a password. You have full responsibility for looking after it and keeping it secret. 11posts will not reveal your password to third parties.
11posts will not be responsible for undue use of the password or for consequences of any nature arising from misuse, loss or forgetfulness of passwords or undue use thereof by unauthorised third parties.
You cannot register more than one user on behalf of the same individual or company. 11posts cannot guarantee the identity of the Users, who will assume full responsibility in the event of fraudulent registration or identity theft.
By using our Service, You agree and undertake, on an obligatory basis, to use the service correctly, respecting these Terms and Conditions and the prevailing law, whether national or international, as well as the principles of good faith, morals and public order, and the obligation to diligently observe any additional instructions that may be given by 11posts in relation to use and access.
3. Specific terms and conditions for BRANDS.
As brand, upon registration, You are entitled (and expected) to launch and manage marketing campaigns on our site and use the search tool available on the site to select the most suitable influencers for the campaign. You must follow the process outlined on our site and fill-in all the information requested on the site.
You represent and warrant that each and every campaign launched by You corresponds to real marketing campaigns supported by the organisation you represent, pursuant to prevailing legislation. Campaigns that discriminate on the basis of gender, religion, disabilities, impairments or race, among others, are illegal and will not be published by 11posts.
11posts reserves the right to withdraw any launched campaign that it considers to contravene the current law and/or these Terms and Conditions.
3.3. Payment terms
This is not a free service. The price of the service will be formally agreed between You and 11posts in separate agreement. Payment for the Service will be made by card via Paddle according to your payment choice and plan.
Once the cost of the Service has been paid You will receive a confirmation e-mail at the address provided by You during the registration process. If the information in this e-mail relating to the Service contracted is not correct, You must contact 11posts.
Any fee amount displayed at the site will be always understood as VAT excluded unless otherwise specified.
Once the campaign is finished, it is responsibility of the user, not 11post the payment of influencers and services rendered. To be made so directly and without further involvement of 11post
3.4. Launching of a campaign and selection of influencers
Once you introduce the details of Your campaign the platform will present you with a selection of suitable influencers according to the social media you choose.
You will be able to contact the influencers of your choice within those suggested by our engine, inviting them to accept a service proposal. The terms of service will be agreed between You and each influencer.
You acknowledge and accept that the influencers of your selection may reject the service proposal.
In your dashboard you will see the influencers that have accepted or rejected the proposal.
Once you have established contact with one or more influencers You will apply your best efforts to keep confidential any confidential information of any influencer that is provided in connection with the Service.
4. Restricted use
It is hereby FORBIDDEN, and therefore, You will be solely responsible for any resulting consequences, to use our Service for any unauthorised or illegal purposes, whether for profit or not, and specifically, for any of the reasons, including but not limited to the following list:
- House, store, disclose, publish, distribute or share any information that (i) may be considered any manner of breaching the fundamental rights to honour, image and personal and family privacy of third parties and, in particular, minors; (ii) undermine confidentiality in communications or regulations for the protection of personal data; (iii) infringe industrial and/or intellectual property rights or third party image rights; and/or (iv) be illegal, racist, obscene, pornographic, abusive, defamatory, misleading, fraudulent or contravene morals or public order in any way.
- Use the Service to defame, intimidate, injure or violate personal image or harass influencers or other individuals or companies.
- Make illicit or undue use of the Service or any other use which may damage, overload or harm the 11posts Website.
- Introduce computer viruses, faulty files or house, store, distribute or share any other IT material or software that may damage or alter 11posts’ content, software or systems.
- Alter or modify any part of the Service, eluding, deactivating or manipulating in any other way the Website’s functions.
- Use the Service for unauthorised submission of (i) publicity or commercial communications, messages with an advertising purpose or used for unauthorised capture of data and/or e-mail addresses for the same purpose; and/or (ii) unrequested mass and/or repetitive e-mails sent to a number of people irrespective of their contents.
- Urge, ask or request personal details from influencers or request passwords or personal details through the website.
- Create a false identity, provide and/or use false details in your user profile or space, make false statements, provide false information about You or your company and other persons and/or your relationship with them.
- Register on behalf of another physical individual or legal entity without authorization to do so, or any other means of using other identities and, in particular, identity theft.
- Use any technical, software or technological resource by virtue of which any other person, user or non-user of 11posts, may benefit, directly or indirectly, for profit or not, from the website content.
- Insert on any website, forum, 11posts profile or any other social networking site, a link, hyperlink, framing or similar link that would redirect without permission to 11posts information posted on this website (including influencers profiles).
Performance by You of any of the above, for profit or not, or breaching any other aspect of these Terms and Conditions, will enable 11posts, depending on the seriousness and based on its criteria, to suspend or cancel your access (deleting your user profile) and the Service immediately and, if applicable, directly withdraw and delete from the site any content or data that may lead to any of the above infringements. If, in accordance with the above, 11posts decides to suspend or cancel the Service, such action will under no circumstances give You the right to receive compensation.
5. Exemption from liability
5.1. For information uploaded by users
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy.
11posts does not accept any liability for information uploaded by users and displayed on our site which may affect You in any way. Upon registration at 11posts, the users undertake to make reasonable use of the Website, as well as to use its tools, features and content pursuant to applicable legislation and the legitimate rights of third parties.
11posts acts as a mere provider of the services described in section 1 of these Terms and Conditions through a website platform that creates a marketplace for brands and influencers to interact between them. Therefore, 11posts is neither a party to, nor assumes any liability as a consequence of, the eventual relationship that You may have or acquire with other users (in particular, the mercantile relationship established between brands and influencers). 11posts does not guarantee the effective obtainment of suitable influencers to participate in a particular marketing campaign or make any statement or provide any guarantee with respect to the information uploaded by users or the effective suitability or reliability of influencers or brands. 11possts does not act as a Temporary Employment Agency of influencers.
11posts is not liable for the content, files, information, opinions, concepts or images that are not managed by 11posts or under 11posts responsibility.
5.2. For content housed on pages that may be accessed from 11posts
11posts will not be held liable for the edition, review, censorship or verification of the content, files, information, publicity, opinions, concepts or images on the websites or pages which may be reached through hyperlinks included on 11posts.
11posts will not be held liable for any content, files, information, opinions, concepts and images issued, published or distributed directly and indirectly through pages ccessible from 11posts, any interconnected website accessed through the website by links or any of the services linked or related to the interconnected website.
Similarly 11posts will not be responsible for the services, goods or products that may be acquired from or contracted by third parties through access to 11posts, especially in cases in which the purchase or contracting process is made directly on a third party webpage even if it has been accessed from our site.
5.3. For our operations
At 11posts we provide services on an ongoing basis, using all the technical means within our reach to satisfactorily carry them out.
11posts may, when it deems necessary, make corrections, improvements or changes to the Service provision or the content of the site, that we aim to update regularly, without it leading to or generating the right to a complaint or compensation, nor will it imply the recognition of a liability.
11posts will not be liable for any damages whatever the nature which may arise from the availability or technical continuity of the Service’s operations. In any event, 11posts will do everything necessary to re-establish its services in the event of a technical malfunction.
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, including to users who have registered with us.
5.4. For influencer engagement contracts entered into via our Service
11posts only provides an online platform for users to interact and suggests suitable influencers, but does not provide users with any type of professional advice and/or recommendation whatsoever. Influencers and brands introduced via our Service are free and autonomous to decide whether to enter into a contractual relationship or not. Therefore You release and exempt 11posts from any and all damages that may arise in connection with any such commercial relationship.
6. Industrial and intellectual property
11posts holds all the industrial and intellectual property rights to its website It is strictly forbidden to establish, reproduce, distribute, publicly disclose, transform, and in general, carry out any activity that exploits in full or in part the content (images, texts, designs, content, forms, etc.) composing the Website, as well as the databases and the software required to view or operate it and to provide the Service, which has not received express authorisation in writing from 11posts.
You may under no circumstances directly or indirectly exploit or use for commercial purposes, any of the content (images, text, designs, content, forms, etc.) in full or in part which may compose the Website without prior written authorisation from 11posts.
Any brands or logos on the Website are commercial or registered trademarks owned exclusively by 11posts or used by 11posts with the express authorisation of its respective owners. Under no circumstances may You use these brands or logos without the prior express written authorisation from 11posts or their respective owners.
Upon launching a campaign or contacting an influencer (if you are a brand) or interacting with a brand (if you are an influencer), You may introduce your own content protected by intellectual and/or industrial property rights. You guarantee that You or your company own this content and, accordingly, You will hold 11posts harmless with respect to any costs, expenses (including any reasonable legal defence fees) and possible compensation for damages arising from any third party claim as a result of a purported infringement of intellectual or industrial property rights, image rights and any other rights.
7. Content complaint mechanism
11posts is not obliged to control the content transmitted through its Website. However, it will provide You with the channels required to file a complaint about any content that infringes these Terms and Conditions or current law. In this respect, You may send an e-mail to email@example.com detailing the content considered illicit or that may breach these Terms and Conditions in any way, stating the reasons for making a complaint about the content.
Once the complaint has been made, 11posts will verify the content against which the complaint has been made and the relevant investigation will be carried out. If any of the content, files, information, opinions, concepts or images housed at 11posts are illegal, immoral, not in good faith or contrary to public order, infringe the rights of a third party, contain a virus or similar software routine or infringe these Terms and Conditions in any other way, 11posts may, at its own discretion, withdraw and/or eliminate the infringing content.
8. Data protection and confidentiality
The mere action of a User visiting our Website does not automatically register any personal data which may identify said User. However, there is certain non-personal information that does not identify a specific User that is collected and recorded on our internet servers (such as User’s Internet navigator, User’s operating system, IP address from which the Site is accessed) for the purpose of improving navigation for the User and management of our Site.
BEAR ESPECIALLY IN MIND THAT 11POSTS IS A COMPANY REGISTERED IN THE UNITED STATES OF AMERICA. IF YOU ARE A EUROPEAN UNION RESIDENT PLEASE BE INFORMED THAT THE UNITED STATES OF AMERICA IS A COUNTRY THAT THE EUROPEAN UNION CLASSIFIES AS NOT OFFERING THE SAME LEVEL OF PROTECTION FOR PERSONAL DATA AS PROVIDED IN THE EUROPEAN UNION.
You undertake not to make any disclosures to any third party or reveal any type of written and/or oral information that You may receive from or via 11posts, whether expressly classified as confidential or which, due to its nature or the circumstances under which it was disclosed, it may be reasonably deduced that it must be treated as confidential, requiring the confidentiality of the received information to be protected, in the same way that You protect your own similar information. Any such information will not be copied or reproduced without the prior written consent of 11posts. You undertake to return all confidential information received from 11posts irrespective of the format in which it was delivered, once the Service provision has been completed or when requested by 11posts.
9. Termination of Service
The Service will have an indefinite term if not agreed differently between You and 11posts. You are free to terminate this contractual relationship at any time without any prior notice by submitting written notice to 11posts. 11posts will delete any content uploaded by you to the site and block your access to the website at no extra charge. Subsequently, You may re-register with the Service by registering on the Website again.
By breaching any of the obligations, commitments or guarantees contracted under these Terms and Conditions, You are authorising 11posts to end the provision of the Service, without requiring 11posts to give prior notice or without the termination resulting in any compensation for You.
10. Changes and amendments in the Terms and Conditions
11posts may at any time amend these Terms and Conditions or introduce new special terms and conditions of use for specific services, by amending this page.
If any regulatory, legal or policy action takes place which, in 11posts’s reasonable opinion, substantially restricts or hinders the website’s maintenance or makes it commercially unfeasible, 11posts will be entitled to: (i) amend the website or these Terms and Conditions to adapt to the new situation, (ii) interrupt the provision of the Service.
11posts will be exempted from any liability arising from the action described in this clause provided that it publishes the amendments on the Website.
If any amendments are made to the website or to these Terms and Conditions and You do not contest them in writing, and continue to make use of the Service, it will be understood that You accept the new Terms and Conditions.
11. Governing Law
By using the Service you agree that the internal law of Delaware will govern these conditions of use and any dispute of any sort that may arise between You and 11posts.
* * *