These Terms of Service ("Terms") govern your access to and use of our Services. These include our various websites, SMS, APIs, email messages, applications, buttons, widgets, advertisements, and commercial services associated with these Terms (collectively, the "Services"), as well as information, text, links, graphics, photographs, sound recordings, videos, or other materials or compilations of materials uploaded, downloaded, or displayed on the Services (collectively, the "Content"). By using the Services, you agree to comply with these Terms.
Subject to the terms and conditions hereof, during the period these Terms are in effect we allow you to use the Service on a non-exclusive basis. KPInfluencer may change, modify or update the Service at any time without prior notice to you including remove or change functionality. The use of our Service is free of charge but we reserve our right to make changes in the future and to request payment from you for the use of the Service.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or LivingDigital GbR cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting customer support team.
3.1. In order to use the Service, you may register for an account with KPInfluencer.
3.2. If you decide to register for an account with KPInfluencer, you must provide accurate and complete information and keep your account information updated. To create an account, you must provide specified information and select a password. You may not provide false information during the registration process. You agree to promptly update your account information in order to keep it current, complete and accurate. Any loss caused by your failure to keep your account data up-to-date is your own responsibility. You should not reveal your password to anyone else. We will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address.
3.3. Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates these Terms. You agree to immediately notify us of any unauthorized use of your account or password. You are fully and solely responsible for the security of your computer system, mobile device and all activity on your account, even if such activities were not committed by you. KPInfluencer will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold KPInfluencer harmless for any improper or illegal use of your account, and any charges and taxes incurred, unless you have notified us via e-mail at https://KPInfluencer.com/contact that your Account has been compromised, and have requested us to block access to it. We reserve the right to terminate without notice your use of the Service if we have reason to believe that you may be using the Service either fraudulently, in bad faith or in violation of these Terms.
You agree to use the Service solely for your own personal use, but you shall not, nor allow any third party, to reproduce, sell, lease, rent, publicly perform, display, disseminate, distribute, broadcast, or retransmit the Service to any third party. You shall not, and shall not permit any third party, to (a) reverse engineer or attempt to find the underlying code of, the Service; (b) modify the Service, or in any other way manipulate the Service; or (c) modify, frame, or create derivative works of the Service, or remove any copyright or other notices displayed by the Service. To the extent any of the restrictions set forth in this section are not enforceable under applicable law, you shall inform us in writing in each instance prior to engaging in the activities set forth above. You must use the Service in accordance with all applicable law.
"User Content" means any material that you upload, transfer, post or make available through the Service, including any rating, textual, graphic, visual or audio content. You are fully and solely responsible for any User Content you submit or post through the Service. We take no responsibility and assume no liability for any User Content that you or any other User or third party submits through the Service. You shall be solely responsible for the User Content you provide us and the consequences of submitting it. KPInfluencer cannot and does not accept any responsibility for the use by the Merchants, other Users or any other third party of your User Content. You represent and warrant that any User Content you submit complies with all applicable law, that you have all necessary rights to submit any such User Content or to use, display and distribute (and allow others to use, display and distribute) any User Content in connection with the Service and that User Content (or modifications you may make to such User Content) does not infringe or violate any third party intellectual property rights, privacy or publicity rights, or moral rights. If you contribute User Content by means from an account at a third party (such as from your Facebook login or other social media network), you represent and warrant that you have all rights necessary to do so and to submit such User Content for use with the Service. KPInfluencer has no obligation to accept, display, review or maintain any User Content. KPInfluencer reserves the right to remove and permanently delete any User Content, including any User Content submitted or modified by any User, without notice and for any reason. User Content comes from a variety of sources. You understand that KPInfluencer is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to User Content. Although Users must agree to our Terms, it is possible that other Users (including unauthorized users) may post or transmit
You understand that KPInfluencer is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to User Content. KPINFLUENCER DOES NOT ENDORSE ANY CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED BY ANY USER AND KPInfluencer EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE USER CONTENT. KPINLUENCER DOES NOT ENDORSE OR RECOMMEND ANY PARTICULAR PRODUCT OR MERCHANT.
You represent and warrant that you shall not use the Service to submit any User Content which: (a) contains material that is illegal, obscene, threatening, defamatory, racially or ethnically insensitive, harassing, threatening or otherwise offensive; (b) contains pornography or material that may be harmful to a minor; (c) contains material that violates or infringes the intellectual property, privacy rights, moral or contractual rights of any third party; (d) contains or transfers software viruses, worm, Trojan horse, or other harmful or disruptive software or code ; (e) violates any applicable law, regulations and rules, including all applicable law to commercial solicitation, chain letters, mass mailings or any form of spam. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. KPInfluencer is not responsible for any Product purchased by you, and you agree to take full responsibility in respect thereof. Notwithstanding the foregoing, by submitting User Content you further represent and warrant that: (i) you are the sole owner of the User Content; (ii) the User Content is accurate; (iii) you are at least thirteen (13) years old; and, (iv) the User Content you submit does not violate these Terms.
KPInfluencer and its licensors own the Service, including all worldwide intellectual property rights in the Service and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further modify, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Service or any User Content appearing in the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Service. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of KPInfluencer or any third party. You may not or attempt to (a) decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service; (b) circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any User Content; (c) use any robot, spider, site search or retrieval service, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Service; (d) harvest, collect or mine information about users of the Service; or (e) use or access another User account or password. You hereby grant to KPInfluencer, its affiliates, successors and service providers a perpetual, unlimited, nonexclusive, fully sublicenseable, transferable, irrevocable, fully paid and royalty-free, worldwide right and license to use, reproduce, delete, modify, adapt, publish, translate, display, perform, create derivative works from and/or sell and/or distribute the User Content that you make available on or by means of the Service or otherwise make available to us, in any media formats, all in connection with the operation of the Service throughout the world in any media and without compensation to you. KPInfluencer reserves the right, but not the obligation, to change, condense or remove any User Content from the Merchant Website or the KPInfluencer App for any reason or no reason. KPInfluencer does not guarantee that you will have any recourse to edit or delete any User Content. None of the User Content that you submit shall be subject to any obligation of confidence on the part of KPInfluencer, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees. Nothing in these Terms grants you any right to use any KPInfluencers’ asset or any third party’s asset.
The policy of KPInfluencer is not to infringe or violate the intellectual property rights or other rights of any third party, and KPInfluencer will remove material appearing on the Service that infringes the rights of any third party. Under the Digital Millennium Copyright Act of 1998 (the "DMCA"), KPInfluencer will remove any User Content if properly notified that such material infringes third party rights, and may do so at its sole discretion, without prior notice to users at any time. The policy of KPInfluencer is to terminate the Accounts of repeat infringers in appropriate circumstances. If you believe that something appearing on the Service infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to us by contacting https://KPInfluencer.com/contact. KPInfluencer accepts no responsibility or liability for the content of any site included in any User Content, or otherwise linked to by the Services, or for the User’s or third party’s use of such User Content. KPInfluencer reserves the right to remove any User Content without prior notice to you, any other user, or any third party.
User will defend, indemnify and hold harmless KPInfluencer from and against any and all suits, proceedings, assertions, damages, costs, liabilities or expenses (including court costs and reasonable attorneys’ legal fees) which KPInfluencer may suffer or incur in connection with any actual claim, demand, action or other proceeding by any third party arising from or relating to any (a) breach of these Terms by User or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of the Service, including any message or User Content you transmit through the Service; (c) your violation of any law or regulation; (d) your infringement of any right of any third party.
The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, KPInfluencer makes no warranty that (a) the Service will meet your requirements, (b) the Service will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Service will be effective, accurate or reliable, or (d) the quality of any materials or services obtained by you from the Service, from us, or from any third parties' websites to which the Service is linked, will meet your expectations or be free from mistakes, errors or defects. The use of the Service, the uploading of User Content, or the downloading or other acquisition of any materials or content through the Service or through third parties' websites, is done at your own risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities. KPInfluencer expressly disclaims and provides no warranties for the Service, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Any warranty that is provided in connection with any products, services, materials, or information available on or through the Service from a third party or from the Merchant is provided solely by such third party or Merchant, and not by us. KPInfluencer does not sell goods or services, but only provides a medium for tracking the monetary performance of Influencer Marketing campaigns. KPInfluencer does not have any return or refund policy, and all refunds or returns shall be in accordance with the return and refund policy of the applicable Merchant Website. If you are not satisfied with any Product you have purchased, please be in direct contact with the applicable Merchant.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KPINFLUENCER (OR ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS OR EMPLOYEES) HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO THE SERVICE OR THE USER CONTENT OR FROM THE CONDUCT OF ANY USERS OF THE SERVICE. KPINFLUENCER FURTHER ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF THE SERVICE OR ANY USER CONTENT. KPINFLUENCER IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON THE SERVICE, INCLUDING ANY INJURY OR DAMAGE TO YOU OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SERVICE. THE ENTIRE LIABILITY OF KPINFLUENCER (OR ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS OR EMPLOYEES) HEREUNDER SHALL NOT EXCEED THE TOTAL AMOUNT USER HAS ACTUALLY PAID TO KPINFLUENCER IN RESPECT OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE APPLICABLE CLAIM. IF USER DID NOT MAKE ANY PAYMENT TO KPINFLUENCER, THEN KPINFLUENCER SHALL HAVE NO LIABILITY TO YOU.
The term of this agreement will commence on the date User accepts these Terms and will continue indefinitely unless otherwise terminated in accordance with these Terms. Either party may terminate this agreement with advance written notice of 7 days, provided, however, that KPInfluencer may terminate these Terms and all rights granted hereunder without notice if it has a reasonable belief that User is using the Service in violation of these Terms or any applicable law, rule or regulation. Any suspension, termination, or cancellation shall not affect your obligations to KPInfluencer and its licensors under these Terms (including but not limited to intellectual property, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.
We may provide any required notices to the email address, fax number or by first class mail to other contact information you provided upon registration with KPInfluencer. Notices sent by email will be deemed received when they are sent by us. Notices sent by fax will be deemed received upon the confirmation of receipt thereof. Notices sent by first class mail will be deemed received 10 days after sent by us. KPInfluencer and User are and intend to remain independent parties. Nothing contained in these Terms will be deemed or construed to create the relationship of principal and agent or of partnership or joint venture, and except as otherwise specifically agreed upon in writing by the parties, neither party will hold itself out as an agent, partner or employee of the other. Neither party will have any right to bind the other party. These Terms represent the entire agreement between the parties regarding the subject matter hereof and supersede any and all other agreements between the parties regarding the subject matter hereof. A waiver of any defaults hereunder or of any of the terms and conditions of these Terms will not be deemed to be a continuing waiver or a waiver of any other default or of any other term or condition. KPInfluencer may assign its rights or obligations pursuant to these Terms. User agrees not to assign any rights under these Terms; any attempted assignment will be null and void. If any provision of these Terms will be deemed invalid or unenforceable by a court of competent jurisdiction, such provision will be interpreted to give maximum effect to its terms as permitted under law, and such invalidity or unenforceability will not affect the validity or enforceability of any other part or provision of these Terms which will remain in full force and effect. These Terms will be governed by the laws of Germany without reference to its conflict of law provisions, and the competent courts in Düsseldorf will have exclusive jurisdiction to hear any disputes arising hereunder.