Juulr and you, or the company or entity you represent (in any case, "You") agreed to these terms of use.
This web-based service, created by Juulr, is available through multiple websites and applications, operated and provided by and on behalf of Juulr. ("The Platform" is the service, together with each site and application.) Content creators ("Influencers") are enabled, by the Platform, to engage with marketers, advertisers or their agents (together, "Marketers") for the creation and distribution of content created by Influencers ("Assignments").
When you are interested in using the Platform, you have to agree to the terms of this agreement before you can access or use the Platform or Content (as defined below). This agreement includes the terms and conditions below and Juulr's current and other policies regarding Influencers. It is your responsibility to comply with this agreement, including these policies.
This agreement is the complete and exclusive agreement between you and Juulr regarding your access to, and use of, the platform and content, unless you enter into any other agreements with Juulr regarding the platform or content in the future. Any preceding agreement or proposal, oral or written, and any other communication between You and Juulr regarding your use of the platform and content, are replaced by this agreement.
PLEASE THOROUGHLY READ THIS AGREEMENT. You agree that you've read and agree to be bonded to this agreement when you access or use the platform or content, or when you click a box that states that you accept or agree to these terms.
Juulr does not allow usage of or grand access to the platform or content if you do not consent with this agreement. You acknowledge that you meet the qualifications included in this agreement and agree to be bound by this if you access or use the platform or content.
1. Definitions. Definitions of the terms used in this agreement are given in this agreement or, if not defined in this agreement, have their plain English meaning as commonly interpreted in the United Kingdom.
2. Term. This agreement is operative at the date you first download or install an application, access or use the platform or content, or indicate your acceptance by clicking a box that states you accept this agreement ("Effective Date") and will continue until concluded as described.
3. Modifications. By making modifications available on the platform or by providing notice to you as specified in this agreement, Juulr reserves the right, at any time, to modify the platform, content or this agreement. Modifications will immediately be operative upon posting on the platform or such other notice. If you do not agree with the made modifications, you may bring your usage of the platform to an end at any time. Nevertheless, when you continue your usage of the platform, you will be obligated to have agreed to made modifications.
4. Account. An "Account" on the platform may be required to access an application and specific sections of the platform. The "Account ID" (user identification and password) is personal in nature. Each Account ID is for your personal use and can be used by you only. Third parties may not be provided with the right to access your account or Account ID by distributing or transferring your account or Account ID. All use of the platform or content through your account is your responsibility. You will ensure the security and confidentiality of your Account ID and will notify Juulr immediately if any Account ID is lost, stolen or otherwise compromised. All liabilities and damages made by the use of your account or under any Account ID (whether lawful or unlawful) are your full responsibility. Any transactions completed through any account or under any Account ID will be obliged to have been lawfully completed by you. You will be asked to submit "Registration Information" about yourself to establish an account. You agree that: 1. You will maintain and regularly update your registration information to keep it accurate and current; and 2. all registration information you provide will be true and complete.
5. Access
5.1 The platform. Depending on your compliance with this agreement, Juulr will grand access to and make use of the Platform, exclusively for lawful purposes and only according to the terms of this agreement and any other agreement you have agreed to with Juulr.
5.2 Applications. Depending on your compliance with this agreement, Juulr approves downloading and installing applications and operating those applications exclusively for the purpose of using and entering the platform. The application may only be installed on a single computer or mobile electronic device or smart phone owned or controlled by you. In conformity with this agreement and any applicable documentation following the application or otherwise given to you by Juulr, it can only be used for your own personal purposes. Except as explicitly substantiated in the previous sentence, You are given no licenses or other rights in or to any application or any IPR (as explained below) in this or related to that. You agree not to reproduce, display, republish, transmit, distribute, modify, perform, create derivative works from, post, participate in the transfer or sale of, use, or in any way exploit or utilize any application other than as expressly permitted in this agreement or any other agreement. Before accessing any application, you are required to agree to.
5.3 Marketers. The platform may allow: a. Marketers to request assignments from you b. Marketers and you to communicate regarding any such assignments or other matters ("communication") c. You to make certain of your data and information available to marketers. You agree with allowing the marketer to communicate directly with you through the platform by accepting or providing a communication to or from a marketer. Your choice to share your data and information with marketers, or request or acceptance of an assignment from a marketer, will serve as your positive confirmation "opt-in" to the disclosure by Juulr of your data and information to that marketer.
5.4 Content. All content, data or other information provided by the platform (excluding your assignments) is owned by Juulr, Juulr's other influencers, licensors, providers and the marketers unless otherwise noted on the platform. The verification of the applicability, accuracy, and completeness of all such content, and for your use of any such content altogether is your responsibility. You will not, and will not allow any third party to:a. sell, lend, lease, transfer, distribute, resell, loan, license or sublicense any content. b. remove, obscure or alter any copyright, trademark or any other notices that are provided on or in connection with any content. c. reproduce, modify, alter, or create derivative works of any content. Some specific content may include or be based on data, information or content from marketers or influencers and other independent third-party content providers ("Third Party Content"). Juulr has not verified the accuracy of, and will not be responsible for any errors or omissions in, any third party content provided through the platform. Except as set forth in this Agreement, you are granted no licenses or other rights in or to any content, or any IPR (as defined below) in this or related to that. Please contact "X" if you would like to use the content in a manner not permitted by this agreement.
6. Termination. Both parties may terminate this agreement at any time, in that party's own discretion. If this agreement is terminated or expired for any given reason: a. You will immediately delete any applications downloaded or installed prior to termination;b. All rights and subscriptions granted to you under this Agreement will terminate; c. Juulr may delete your account and any of your assignments held by Juulr at any time;d. You will immediately end all use of and access to the platform and all content. Expiration or termination of this agreement will be survived by sections 1 (Definitions), 6 (Termination), 9 (Ownership), 10 (Warranties and Disclaimer), 11 (Indemnity), 12 (Limitation of Liability), 13 (Data Privacy), 15 (Governing Law and Venue) and 16 (Additional Terms).
7. Suspension. Without restricting Juulr's right to end this agreement, Juulr may also suspend your access to your account and the platform or content, with or without notifying you, upon any threatened, actual or suspected division of this agreement or applicable law or upon any other conduct considered by Juulr to be inappropriate or damaging to the platform, Juulr, or any other marketer or influencer.
8. Platform technology. Valuable trade secrets of Juulr are constituted by the platform, the databases, hardware, software and other technology used by or on behalf of Juulr to operate the platform, and the organization, structure, and underlying data, information and software codes thereof. You will not, and will not allow any third party to: a. Use the technology in any unlawful way or in any other way that could disable, impair, damage or overburden the technology, b. Modify, reproduce, alter or create derivative works of the technology, c. Reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the technology, d. Monitor the functionality, availability or performance functionality of the technology, e. Use or attempt to use the technology except as expressly supported in this agreement, f. Use automated scripts to collect information from or otherwise interact with the technology g. Sell, lend, lease, distribute, resell, loan, license, sublicense or transfer any of your rights to enter or use the technology or otherwise make the technology available to any third party, h. Try to avoid or overcome any technological protection measures intended to restrict access to any portion of the technology or i. Obstruction of the functioning or hosting of the technology.
9. Ownership. Juulr remains owner of all rights, title and interest, including, without restriction, all IPR (as explained below), in and to the technology and any additions, improvements, updates, and modifications that come with it. You will not have any right or license to use the technology itself, apart from your right to access the platform and content under this agreement and you will not receive any ownership interest in or to the technology. You have no right or license to use Juulr's name, logo and all products and service names associated with the platform and content, while they are trademarks of Juulr and its licensors and providers. For purposes of this Agreement, "IPR" means all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information or intangible property throughout the world, including, without limitation, any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights.
10. Warranties and Disclaimer. Hereby each party states and warrants that: a. This agreement forms a binding legal obligation on behalf of such party, b. It has the legal right and authority to perform its obligations under this agreement and to grant the rights and licenses described in this agreement and c. It has the legal right and authority to enter into this agreement. Except as explicitly stated in this section, the platform, content and technology are provided "as is" and "as available" and Juulr and its providers expressly disclaim, and you disclaim any reliance on, any and all warranties and representations of any kind with regard to the subject matter of this Agreement, whether express, implied or statutory, including, without limitation, any warranties of fitness for a particular purpose, merchantability, title or non-infringement. No oral or written information or advice given by Juulr, its employees, providers or agents will increase the scope of, or create any new warranties in addition to, the warranties expressly set forth in this section.
11. Compensation. You hereby agree to hold unobjectionable, defend, and compensate Juulr and its directors, affiliates, agents, assigns, officers, shareholders, employees, contractors, licensees, and successors in interest (“Indemnified Parties”) from any and all losses, damages, claims, liabilities, fees, expenses and costs (including all legal fees) that result from any claim or accusation against any Indemnified Party arising from your access to or use of the platform, content or technology, any order you provide to the platform, and any violation by you of this agreement. You will be noticed of any such claim or accusation by Juulr, and Juulr will have the right to participate in the defense of any such claim at its expense.
12. Limitation of Liability. Juulr is not responsible for any incidental, exemplary, indirect, consequential or special damages, however caused, under any theory of responsibility, whether in contract, strict responsibility or tort (including negligence or otherwise), arising in connection with or out of the use of the platform, content or services, even if Juulr has been advised of the possibility of such damages, including, without limitation, any loss of opportunity, business interruption, submissions, revenues or profits, or procurement of substitute goods or services. Juulr's total cumulative responsibility will not exceed 10 euro in connection with this agreement and all services provided under this Agreement, whether in contract or tort or otherwise. You hereby agree that without these limitations on its responsibility, Juulr would not have entered into this agreement. Juulr's responsibility is limited to the maximum extent permitted by law in jurisdictions where the limitation of responsibility for consequential or incidental damages is not permitted.
13. Data Privacy. You explicitly agree to the use and disclosure of personally identifiable and other data and information as described in the Privacy Policy. In spite of anything in the Privacy Policy, Juulr will have the right to extract, synthesize, collect , compile, and analyze non-personally identifiable data or information resulting from your access to and use of the platform or content. As far any such data or information is collected or generated by Juulr, the data and information will be owned only by Juulr and may be used by Juulr for any lawful business purpose without a duty of accounting to you, provided that the data and information is used only in an aggregated form, without directly identifying you or any other entity or natural person as the source thereof.
14. Juulr is not responsible for the products that are sent to the influencers or influencers who have wrongly acted. Juulr can't be held responsible for any damages. If an influencer has got a product does not want to promote it or did something else which was not part of the deal but, then the influencer and advertiser should solve the problems without the involvement of Juulr. All users of Juulr should know the risk they are taking when they send a product to an influencer (the person that get paid to post something on their social media channel or blog). Or working with influencers in particular. The advertiser always needs to check the work of the influencer immediately as Juulr will most of the time pay their influencers after 48 hours. The users need to do research if necessary or ask for more information about the user, influencer or advertiser.
15. No communication with advertisers gotten by using Juulr without the approval Juulr. After completing profile registration and agreeing to the terms, site rules and privacy policy of the service of Juulr you cannot communicate with advertisers you got from Juulr without the approval of Juulr. When communicating outside of Juulr without the approval of Juulr the user will be obligated to pay a fine/amercement and immediate removal of the users account without asking. The amount of this fine/amercement that needs to be paid will be 250% of the amount of what that advertisement would have cost on Juulr.
16. Juulr charges a 20% succesfee to influencers & bloggers for completed campaigns. For campaigns that are cancelled there will be no charge.
17. Claims of violation. Your copyrights and other intellectual property rights and those of other third parties are respected by Juulr. You may notify our designated copyright agent if you believe that your copyrighted work has been duplicated on the platform without your consent in a way that constitutes the copyright violation. You can send an email to:
hello@Juulr.com
18. The following information has to be provided to Juulr's Copyright Infringement Agent: a. Your name, address, daytime phone number, and email address, if available, b. 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,c. The identity of the infringed work, and of the allegedly infringing work, d. A statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law and e. Your electronic or physical signature.
19. Pictures or images of your social media profile or blog profile within Juulr which you have registered within Juulr.com can be used for advertisement. If you don't like that we use your content send us a notification directly, within 24 hours, after you have registered your account. When you accept this terms you allow us to use your content within our advertisements.
20. Governing Law and Venue. The interpretation of the rights and obligations of the parties under this Agreement, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed in all respects exclusively by the Dutch law.
21. Only the influencer can cancel the offer. After payment the advertiser has give the trust to the influencer to create the content he/ she asked for. If there are any problems you can ask the Juulr support team for help.
dd: 21-03-2018