Flutch TERMS OF USE

Influencers Terms of Use

The following terms of use (the "Terms of Use") govern your access to and use of (1) the Flutch website located at https://flutch.in (the “Website”), (2) the Flutch online platform facilitating the matching of individuals offering to create promotional content (“Influencer”)and campaign initiators (“Brand”), and (3) all other services provided by Flutch, as described on the website (collectively, the "Platform”). These Terms of Use form an agreement between Flutch Technology Pvt Ltd ("Flutch", “us”, “we”, “our”) and you. The term "you" refers to the person or entity visiting the Platform, browsing or otherwise using the Platform, or communicating with individuals or businesses registered with Flutch (“Brand”) for the purpose of creating promotional content for your services (each, a “Campaign”). By accessing and using (the term “use” when used herein in respect of the Platform shall mean access or use, and using shall have a corresponding meaning) the Platform, you accept and agree to be bound by and comply with these Terms of Use. If you do not accept and agree to be bound by these Terms of Use, please do not access or use the Platform. If you are accessing or using the Platform on behalf of another person or a corporate entity, you represent and warrant that you have the authority to bind such person or entity to these Terms of Use.

The Platform is provided solely (the “Permitted Use”) to: (1) assist you in gathering information about the various types of campaign opportunities, including price ranges, and campaign descriptions; (2) enable you to post information regarding yourself and to respond to any campaign opportunities; (3) facilitate communication with campaign initiators (“brand”) with the objective of entering into a campaign agreement.

Changes to these Terms of Use and Platform

Except where prohibited by applicable law, Flutch reserves the right to change these Terms of Use at any time without notice. Your continued access to or use of the Platform after any changes to these Terms of Use indicates your acceptance of such changes. It is your responsibility to review these Terms of Use regularly.

Flutch reserves the right to change any information, material or content (including, but not limited to, price, features, availability of campaign initiators, types of campaigns) contained on or provided through the Platform at any time, and from time to time, without notice.

Use of the Platform

As a condition of your use of the Platform, you warrant that: (a) you have reached the age of majority in your jurisdiction of residence; (b) you possess the legal authority to create a binding legal obligation; (c) you shall use the Platform in accordance with these Terms of Use; and (d) all information supplied by you on the Platform is true, accurate, current and complete.

Flutch retains the right, at its sole discretion, to deny access to anyone to the Platform or the services it offers, at any time and for any reason, including, but not limited to, for violation of these Terms of Use. You shall cease and desist from any such access or use immediately upon request by Flutch.

License Grants

Subject to these Terms of Use, Flutch grants you a personal, revocable, non-exclusive and non-transferable license during the Term to permit you to access and use the Platform in accordance with these Terms of Use.

Subject to these Terms of Use, you grant to Flutch a perpetual, transferrable, irrevocable, royalty-free, fully paid-up, worldwide and fully sublicensable license to access, collect, store and use any data, information, records and files that (1) you load, transmit to or enter into the Platform, or (2) we collect from your local computer system or from third-parties with your permission, and (in each case) including all results from processing such data, including compilations, and derivative works thereof solely for the purpose of: (A) providing the Platform Services, (B) complying with applicable law, and (C) Flutch’s reasonable audit and data retention policies.

User Account

You will be required to successfully sign up for a user account (the “User Account”) using the available interfaces at the Platform and be issued with a username and password login credentials by Flutch (“User ID”) in order to use the Platform and communicate with campaign initiators(“brands”) through the Platform. If you are issued with a User ID, you shall keep your User ID secure and shall not share your User ID with anyone else, and you shall not collect or harvest any personal data of any other user of Flutch, including account names. Flutch reserves the right to disable any User Account issued to you at any time in Flutchs sole discretion. If Flutch disables access to a User Account issued to you, you may be prevented from accessing Flutch, your account details or any campaigns that are associated with your account.

Term and Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at contact@flutch.in. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Campaign Agreements with Campaign Initiators

The Platform permits you to view the campaign opportunities created by campaign initiators(“brands”) on our Platform. If a campaign initiator(“brand”) selects you for a campaign through the Platform, you may separately enter into an agreement with that campaign initiator(“brand”) on such terms and conditions as may be agreed to between you and that campaign initiator(“brand”) (“Campaign Agreement”). For example, the Campaign Agreement may contain (a) a description of the services you will provide to the campaign initiator(“brand), (b) payment terms, and (c) any other terms and conditions as communicated between you and the campaign initiator(“brand”) through this Platform or otherwise. You understand that you are performing services for the campaign initiator(“brand”), and not Flutch, and that Flutch is not a party to and will be in no way responsible for the performance of either you or the campaign initiator(“brand”) under any Campaign Agreement. You further understand and agree that any content submitted through the Platform pursuant to a Campaign Agreement and accepted by a campaign initiator(“brand) shall remain publicly accessible through your social media account(s) (as specified in the Campaign Agreement) for a minimum of six (6) months, or such greater term as specified in the Campaign Agreement. Flutch does not make any representations or warranties of any kind in respect of a campaign initiator(“brand”) or a Campaign Agreement. You also agree to act in good faith when negotiating and performing your obligations under each Campaign Agreement.

Content

By submitting content to the Platform or Flutch, including any campaign initiator(“brand”) or campaign reviews, content, questions, comments, suggestions, ideas or similar information (collectively, “Submissions”), you grant Flutch a worldwide, nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that Flutch may choose, but is not required, to provide attribution of your Submissions (for example, listing your name and city on a campaign initiator(“brand”) or Campaign review that you submit) at our discretion, and that such submissions may be shared with campaign initiators(“brands”) and others using our Platform. You further grant Flutch the right to pursue at law any person or entity that violates your or Flutch’s rights in the Submissions by a breach of these Terms of Use. You acknowledge and agree that Submissions are non-confidential and non-proprietary.

Flutch takes no responsibility and assumes no liability for any Submissions posted or submitted by you. Flutch has no obligation to post your Submissions and reserves the right, in its absolute discretion to determine which Submissions are published on the Platform. If you do not agree to these terms, please do not provide us with any Submissions.

You are fully responsible for the content of your Submissions, specifically including, but not limited to, reviews posted to the Platform. You acknowledge that Flutch may exercise its rights (e.g. use, publish, delete) to use any Submissions without any notice to you.

Ownership

All Content, including (without limitation) all designs, infrastructure graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the Platform, are owned or licensed by Flutch.

Flutch expressly reserves all rights in the Platform and all materials provided by Flutch in connection with these Terms of Use that are not specifically granted to you. You acknowledge that all right, title and interest in the Platform, all materials provided by Flutch in connection with these Terms of Use (including the Content), and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with Flutch (or third party suppliers, if applicable), and that the Platform and all materials provided by Flutch hereunder are licensed and not “sold” to you.

All contents of the Flutch website are: Flutch Technology Pvt Ltd

No Unlawful or Prohibited Use

You shall not, without Flutch's prior written permission, use the Platform and the Content for purposes other than the Permitted Use. Without limiting the generality of the foregoing, you shall not, and shall not permit anyone else to:

“frame”, “mirror” or otherwise incorporate the Platform or the Content or any part thereof on any commercial or non-commercial website;
access, monitor or copy any part of the Platform or the Content using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
violate the restrictions in any robot exclusion headers on the Content or the Platform or bypass or circumvent other measures employed to prevent or limit access to the Platform;
take any action that imposes, or may impose, in Flutch’s discretion, an unreasonable or disproportionately large load on the Platform;
deep-link to any portion of the Platform for any purpose;
remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in any Campaign, the Platform or the Content;
modify or attempt to modify (or permit anyone else to modify or attempt to modify) the Platform or any Campaigns, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Platform or a Campaign
use the Platform or any Campaign or Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted by an applicable Campaign Agreement and only in the exact manner specified and enabled by therein;
attempt to, assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Platform;
copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Platform or the Content;
create derivative works based on the Platform or the Content, in whole or in part, or to decompile, disassemble, reverse engineer or other exploit any part of the Platform or the Content;
use of access the Platform in a manner that violates the rights (including, but not limited to intellectual property rights) of any third party; or
upload to or transmit through the Platform any information, images, text, data, media or other content that is offensive, pornographic, hateful, obscene, defamatory or violates any laws or regulations (including but not limited to criminal laws and FTC regulations), in each case as determined by Flutch in its sole discretion,
post, upload, publish, submit or transmit any Content that:
infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
is fraudulent, false, misleading or deceptive;
is defamatory, obscene, pornographic, vulgar or offensive;
promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
is violent or threatening or promotes violence or actions that are threatening to any person or entity; or
promotes illegal or harmful activities or substances.

You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to the Platform. You acknowledge that Flutch may exercise its rights (e.g. use, publish, delete) to use any Submissions without any notice to you.

Clear and Prominent Disclosure of Material Connections With Campaign Initiator

You are required to follow the Federal Trade Commission’s Endorsement Guides . In the event a campaign initiator(“brand”) engages you for a Campaign, you understand and agree that you are required to clearly and conspicuously disclose any material connection between you and the campaign initiator(“brand”). Material connections include, but are not necessarily limited to, the campaign initiator(“brand”) providing you with something of value, such as free use of products or services. In general, disclosures should be:

in clear and unambiguous language;
as close as possible to the native ads to which they relate;
in the same medium as the ad, for instance, in the video or in the Twitter post;
in a font and color that’s easy to read;
in a shade that stands out against the background;
for video ads, on the screen long enough to be noticed, read, and understood; and
for audio disclosures, read at a cadence that’s easy for consumers to follow and in words consumers will understand

As an Influencer, it is your responsibility to understand and abide by the requirement imposed on you by the FTC and to ensure that a clear and conspicuous disclosure is made each and every time you create content for a Campaign.

If Flutch learns of Campaigns you create that do not, in our sole discretion, abide by the FTC endorsement disclosure guides, we may require you to add appropriate disclosures, and we may require you to suspend the Campaign until such disclosures are added. Repeated failure to include appropriate disclosures in your Campaigns, or your failure to add disclosures upon request by Flutch, may result in termination of your account.

Third Party Websites

The Platform may provide links to third party websites. Flutch does not endorse the information contained on those web sites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked web site is not under Flutch's control, and if you choose to access any such web site, you do so entirely at your own risk.

DISCLAIMER AND LIMITATION OF LIABILITY

THE PLATFORM AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE PLATFORM OR THE CONTENT IS AT YOUR OWN RISK. FLUTCH DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE PLATFORM OR THE CONTENT. THE PLATFORM AND THE CONTENT MAY INCLUDE ERRORS, OMISSIONS AND INACCURACIES, INCLUDING, WITHOUT LIMITATION, PRICING ERRORS. FLUTCH DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE PLATFORM OR THE CONTENT. IN ADDITION, FLUTCH EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE PLATFORM.

BUSINESS AND CAMPAIGN REVIEWS DISPLAYED ON THE SITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND FLUTCH DOES NOT GUARANTEE THE ACCURACY OF THE REVIEWS. FLUTCH MAKES NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC BUSINESSES, CAMPAIGNS OR TYPES OF CAMPAIGNS.

TO THE FULLEST EXTENT PERMITTED BY LAW, FLUTCH DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE PLATFORM AND THE CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE PLATFORM OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL FLUTCH BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT FLUTCH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE PLATFORM OR THE CONTENT OR ANY CAMPAIGN AGREEMENT.

BUSINESSES ENGAGING YOUR SERVICES THROUGH THE PLATFORM ARE INDEPENDENT ORGANIZATIONS AND NOT CONTRACTORS, AGENTS OR EMPLOYEES OF FLUTCH. FLUTCH IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY BUSINESSES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM AND TAKES NO RESPONSIBILITY WHATSOEVER RELATED TO ANY CAMPAIGNS OR CAMPAIGN AGREEMENTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT THAT THE FOREGOING LIMITATION DOES NOT APPLY, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF FLUTCH IN CONNECTION WITH OR UNDER THESE TERMS OF USE, INCLUDING FROM A CAMPAIGN AGREEMENT, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE PLATFORM OR THE CONTENT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO A CAMPAIGN AGREEMENT, OR YOUR USE OF, OR INABILITY TO MAKE USE OF THE PLATFORM. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.

The limitations above reflect the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.

Campaign initiators(“brand”) in connection with a campaign by you, campaign initiators(“brands”) acting on your behalf or with your permission.

Campaign Initiators(“Brands”) Terms of Use

The following terms of use (the "Terms of Use") govern your access to and use of (1) the Flutch website located at https://flutch.in (the “Website”), (2) the Flutch online platform facilitating the matching of Influencers and other users (each, a “Campaign Initiator”) interested in retaining an Influencer to create promotional content, and (3) all other services provided by Flutch, as described on the Website (collectively, the "Platform”). These Terms of Use form an agreement between Flutch Technology Pvt Ltd ("Flutch", “us”, “we”, “our”) and you. The term "you" refers to the person or entity (including, but not limited to campaign initiators(“brands”)) visiting the Platform, browsing or otherwise using the Platform, or communicating with influencers registered with Flutch for the purpose of creating promotional content for your products or services (each, a “Campaign”). By accessing and using (the term “use” when used herein in respect of the Platform shall mean access or use, and using shall have a corresponding meaning) the Platform, you accept and agree to be bound by and comply with these Terms of Use. If you do not accept and agree to be bound by these Terms of Use, please do not access or use the Platform. If you are accessing or using the Platform on behalf of another person or a corporate entity, you represent and warrant that you have the authority to bind such person or entity to these Terms of Use.

The Platform is provided solely (the “Permitted Use”) to: (1) assist you in gathering information about the various types of Campaigns and Influencers available on the Platform, including profiles, price quotes, sample work; (2) enable you to post information regarding yourself and your Campaign request; (3) facilitate communication with Influencers with the objective of entering into a Campaign Agreement.

Changes to these Terms of Use and Platform

Flutch reserves the right to change any information, material or content (including, but not limited to, price, features, availability of Influencers, Influencer Profiles and types of Campaigns) contained on or provided through the Platform (the "Content") at any time, and from time to time, without notice.

Use of the Platform

License Grants

User Account

You will be required to successfully sign up for a user account (the “User Account”) using the available interfaces at the Platform and be issued with a username and password login credentials by Flutch (“User ID”) in order to use the Platform and communicate with Influencers through the Platform. If you are issued with a User ID, you shall keep your User ID secure and shall not share your User ID with anyone else, and you shall not collect or harvest any personal data of any other user of Flutch, including account names. Flutch reserves the right to disable any User Account issued to you at any time in Flutch’s sole discretion. If Flutch disables access to a User Account issued to you, you may be prevented from accessing Flutch, your account details or any Campaigns that are associated with your account.

Term and Termination

Campaign Agreements with Influencers

The Platform permits you to view the Influencer Profiles of Influencers who have registered on our Platform and have chosen to allow you to view their Influencer Profiles. If you select an Influencer for a Campaign through the Platform, you may separately enter into an agreement with that Influencer on such terms and conditions as may be agreed to between you and that Influencer (“Campaign Agreement”). For example, the Campaign Agreement may contain (a) a description of the services to be provided by the Influencer, (b) payment terms, and (c) any other terms and conditions as communicated between you and the Influencer through this Platform or otherwise. You understand that you are engaging the Influencer you select and not Flutch, and that Flutch is not a party to and will be in no way responsible for the performance of either you or the Influencer under any Campaign Agreements. Flutch does not make any representations or warranties of any kind in respect of an Influencer or a Campaign Agreement. You are responsible for managing, inspecting, accepting and paying for services and deliverables provided under a Campaign Agreement in accordance with the terms and conditions thereof. You also agree to act in good faith when negotiating and performing your obligations under each Campaign Agreement.

If you enter into a Campaign Agreement other than through the use of the Platform, you will notify Flutch within seven (7) days of the date of such Campaign Agreement.

Any Campaign Agreement may be terminated by you within 72 hours without fee or penalty. Thereafter, the termination of any Campaign Agreement will result in a fee equal to twenty five percent (25%) of the total Campaign Agreement fee, provided that if any Influencer has delivered any content pursuant to the Campaign Agreement, you will be charged an amount equal to one hundred percent (100%) of such Influencer’s content creation fee, plus twenty five percent (25%) of the total amount of the Campaign Agreement.

Content

By submitting content to the Platform or Flutch, including any Influencer or questions, comments, suggestions, ideas or similar information (collectively, “Submissions”), you grant Flutch, a worldwide, nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that Flutch may choose to provide attribution of your Submissions (for example, listing your name and city on an Influencer or Campaign review that you submit) at our discretion, and that such submissions may be shared with Influencers and others using our Platform. You further grant Flutch the right to pursue at law any person or entity that violates your or Flutch’s rights in the Submissions by a breach of these Terms of Use. You acknowledge and agree that Submissions are non-confidential and non-proprietary.

You are fully responsible for the content of your Submissions, specifically including, but not limited to, reviews posted to the Platform. You shall not post or transmit to or from the Platform: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy, or that would violate any law or regulation(including but not limited to any FTC regulation); (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to the Platform. You acknowledge that Flutch may exercise its rights (e.g. use, publish, delete) to use any Submissions without any notice to you.

Ownership

All contents of the Flutch website are: Flutch Technology Pvt Ltd

No Unlawful or Prohibited Use

“frame”, “mirror” or otherwise incorporate the Platform or the Content or any part thereof on any commercial or non-commercial website;
access, monitor or copy any part of the Platform or the Content using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
violate the restrictions in any robot exclusion headers on the Content or the Platform or bypass or circumvent other measures employed to prevent or limit access to the Platform;
take any action that imposes, or may impose, in Flutch’s discretion, an unreasonable or disproportionately large load on the Platform;
deep-link to any portion of the Platform for any purpose;
remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in any Campaign, the Platform or the Content;
modify or attempt to modify (or permit anyone else to modify or attempt to modify) the Platform or any Campaigns, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Platform or a Campaign
use the Platform or any Campaign or Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted by an applicable Campaign Agreement and only in the exact manner specified and enabled by therein;
attempt to, assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Platform;
copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Platform or the Content;
create derivative works based on the Platform or the Content, in whole or in part, or to decompile, disassemble, reverse engineer or other exploit any part of the Platform or the Content;
use of access the Platform in a manner that violates the rights (including, but not limited to intellectual property rights) of any third party; or
upload to or transmit through the Platform any information, images, text, data, media or other content that is offensive, pornographic, hateful, obscene, defamatory or violates any laws or regulations (including but not limited to criminal laws and FTC regulations), in each case as determined by Flutch in its sole discretion,
post, upload, publish, submit or transmit any Content that:
infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
violates, or encourages any conduct that would violate, any applicable law or regulation (including but not limited to any FTC regulation) r would give rise to civil liability;
is fraudulent, false, misleading or deceptive;
is defamatory, obscene, pornographic, vulgar or offensive;
promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
is violent or threatening or promotes violence or actions that are threatening to any person or entity; or
promotes illegal or harmful activities or substances.

Clear and Prominent Disclosure in Campaigns of Material Connections Between Influencer and Campaign Initiator

Campaigns are required to comply with the Federal Trade Commission’s Endorsement Guides . In the event you engage an Influencer for a Campaign, you understand and agree that the Influencer is required to clearly and conspicuously disclose any material connection between you and the Influencer. Material connections include, but are not necessarily limited to anything of value, such as free use of products or services, you provide to an Influencer. In general, disclosures should be:

in clear and unambiguous language;
as close as possible to the native ads to which they relate;
in the same medium as the ad, for instance, in the video or in the Twitter post;
in a font and color that’s easy to read;
in a shade that stands out against the background;
for video ads, on the screen long enough to be noticed, read, and understood; and
for audio disclosures, read at a cadence that’s easy for consumers to follow and in words consumers will understand

As a campaign initiator(“brand”), it is your responsibility to understand and abide by the requirement imposed by the FTC and to ensure that a clear and conspicuous disclosure is made by the Influencer each and every time you approve content publication for a Campaign.

If Flutch learns of Campaigns you initiate that do not, in our sole discretion, abide by the FTC endorsement disclosure guides, we may require you and the Influencer to add appropriate disclosures, and we may require the Influencer to suspend the Campaign until such disclosures are added. Repeated failure to include appropriate disclosures in Campaigns you initiate, or the failure to add disclosures upon request by Flutch, may result in termination of your account.

Third Party Websites

DISCLAIMER AND LIMITATION OF LIABILITY

THE PLATFORM AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE PLATFORM OR THE CONTENT IS AT YOUR OWN RISK. FLUTCH DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE PLATFORM OR THE CONTENT. THE PLATFORM AND THE CONTENT MAY INCLUDE ERRORS, OMISSIONS AND INACCURACIES, INCLUDING, WITHOUT LIMITAITON, PRICING ERRORS. FLUTCH DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE PLATFORM OR THE CONTENT. IN ADDITION, FLUTCH EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE PLATFORM.

INFLUENCER AND CAMPAIGN REVIEWS DISPLAYED ON THE SITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND FLUTCH DOES NOT GUARANTEE THE ACCURACY OF THE REVIEWS. FLUTCH MAKES NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC INFLUENCERS, CAMPAIGNS OR TYPES OF CAMPAIGNS.

INFLUENCERS MARKETING THEIR SERVICES THROUGH THE PLATFORM ARE INDEPENDENT ORGANIZATIONS AND NOT CONTRACTORS, AGENTS OR EMPLOYEES OF FLUTCH. FLUTCH IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY INFLUENCERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM AND TAKES NO RESPONSIBILITY WHATSOEVER FOR CAMPAIGNS CREATED BY INFLUENCERS.

TO THE EXTENT THAT THE FOREGOING LIMITATION DOES NOT APPLY, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF FLUTCH IN CONNECTION WITH OR UNDER THESE TERMS OF USE, INCLUDING FROM A CAMPAIGN AGREEMENT, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE PLATFORM OR THE CONTENT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO A CAMPAIGN AGREEMENT, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE PLATFORM OR THE CONTENT EXCEED ALL FEES FLUTCH HAS COLLECTED FROM YOU UNDER THESE TERMS OF USE IN THE PRECEDING 12 MONTHS OR THE EQUIVALENT IN LOCAL CURRENCY. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.