This Website is offered and available to users who 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Accessing the Website and Account Security. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
Participating in a Campaign. You may be offered the opportunity to participate in different Brands’ Campaigns based on your followers on Social Media Provider and any other parameters decided by the Brands. If you agree to participate in a Campaign, you authorize us to provide the Brand or its agency with some or all of the following information concerning you:
• your contact information and email address; • rates and pricing to which you have agreed; • sizing, product preferences, and biographical information; • information from your Designer profile; • any ideas, content or answers you provide to questions listed as part of the application process for each campaign; and • your social media posts, social media account information, posts and user feedback such as likes and comments.
You may choose to work on multiple Campaigns at the same time. A Campaign brief (“Campaign Brief”) includes the parameters, specifications, and terms and conditions of a Brand’s campaign. You agree to treat SSthe contents of the Campaign Brief and any information related to the Brand and its agency as confidential and not to disclose such information to any third party. Your access to and use of the materials in the Campaign Brief requires you to review, acknowledge and accept the terms of the Campaign Brief, and once executed by you, will constitute a valid and binding agreement, and such terms and conditions will be incorporated into this Agreement for all purposes. Your failure to agree to the Campaign Brief will restrict you from participating in the Campaign. Any non-compliance by you with the terms of such Campaign Brief will be deemed a violation of this Agreement.
If your participation in a Campaign is approved and accepted, you agree to upload, share, post, submit, publish, send, display or transmit (collectively, “Transmit”) the Content to your Social Media Provider as directed in the Campaign Brief.
Code of Conduct and Obligations for Participating in a Campaign. YIn connection with your participation in a Campaign, you agree at all times that you will comply with the following code of conduct:
• You will abide by all terms and conditions outlined in the applicable Campaign Brief including but not limited to required social media tags and disclosures (“Required Tags”). • You agree that you shall disclose your connection to the Brand in each post of Content as specified by the Campaign Brief by including, for instance, a hashtag such as #advertisment or #sponsored or a phrase similar to, “I’m working with [Brand]”. • You agree to follow all required photo review and approval processes required by the Brand. • You agree that you will not transmit any Content to your website or Social Media Provider account without obtaining the prior approval of the Brand or its agency. You further agree that the Brand or its agency has the sole discretion to accept or reject your submitted Content. • You agree to comply with all the applicable laws, rules, regulations, and guidelines. • You will clearly and conspicuously identify your connection with the Brand (i.e. that you received benefits) at any time you make a public statement or post about Brand or its products or services. • You will state your honest views regarding the products which must reflect your true and actual experiences, opinions and belief based upon your use of the Brand’s products or services. You agree not to make claims about the Brand or its products or services that are not within the reasonable written guidelines provided to you by the Brand or its agency. • You will limit your posting of Content to those websites, and Social Media Provider accounts specified in the Campaign Brief. • You will represent the Brand and its products and services in a positive light. • You will not make any statements regarding the products or services of Brand’s competitors. • You will not impersonate any other person or entity, actual or fictitious, including by impersonating an employee or consultant of Brand. • You will respect the intellectual property and proprietary rights of others and you will not post any Content unless you have the necessary permissions including any identifiable third party brand logos or markers, and that you will not post the confidential or proprietary information of any party. • You agree that if any Content contains an image of another identifiable person that you have obtained from them all necessary authorizations and will obtain a written release in a form acceptable to us as requested. • You will ensure that the Content will not include Content that is profane, pornographic, sexually explicit, violent or derogatory of any ethnicity, race, gender, religion or faith, profession or age group; promotes excessive alcohol consumption, or in any way illegal drugs, tobacco, firearms/weapons or a particular political agenda; is obscene or offensive; or promotes or depicts unsafe activities or inhumane behavior or activities. • You further ensure that the Content will not be placed adjacent to content that promotes pornography, violence, or the use of firearms, contains obscene language, or falls within another category stated in the Campaign Brief. • You will comply with all industry-specific rules and regulations as instructed in the Campaign Brief relating to the advertising of Client’s products or services. • You agree not to edit Content after you Transmit it, unless otherwise allowed in the Campaign Brief or permitted in writing by the Brand or us. • We reserve the right, for any reason or no reason, to remove from the Website any Content posted by you. To the extent you are not in compliance with the terms of the Campaign Brief (without limiting any remedies that may be available to us) you will promptly remove and takedown any non-compliant Content that you have posted to your Social Media Provider account(s), or any website to which you have posted Content.
Payment. Subject to your compliance with this Agreement and the Campaign Brief you shall be compensated in United States dollars (“Payment”) for the Content that is accepted by the Brand and posted to your Social Media Provider accounts or webpages in accordance with the terms of the Campaign Brief. To the extent that you are entitled to Payment, we will determine the method and you will provide reasonable cooperation in facilitating the Payment. For example, if we desire to pay you through PayPal, you will be required to establish a PayPal account and to provide us with sufficient information to allow us to transfer funds to you.
You agree to provide accurate information for facilitating Payment and if we are unable to facilitate the Payment because of inaccurate information provided by you, we will inform you through reasonable means and you will have 15 days to furnish accurate information to us for facilitating Payment.
You further agree and acknowledge that Embello Co. is not responsible for any Payment made to an incorrect back account or PayPal account based on incorrect information provided by you. You agree to promptly return the monies to us, if the amount remitted to you is more than Payment due. You also agree to contact us immediately at email@example.com to inform us about the same.
You agree that you, the Designer, are responsible for all fees, such as equipment rentals, photographer fees, model fees, location fees, government fees etc., that may be incurred in connection with a Campaign.
You further agree that you will report to all applicable government agencies as income all payments received by you pursuant to these Terms. This means you will be solely responsible for payment of all withholding taxes, social security, workers’ compensation, unemployment and disability insurance or similar items required by any government agency for any payments received by you. You are not entitled to any benefits paid or made available by Embello Co. to its employees, including, without limitation, any vacation or illness payments, or to participate in any plans, arrangements or distributions made by Embello Co. pertaining to any bonus, stock option, profit sharing, insurance or similar benefits. You agree to defend, indemnify and hold harmless Embello Co. and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from your breach of the foregoing obligations.
Intellectual Property Rights. The Website, its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), and any Company Confidential Information (defined below) (collectively, the “Company Intellectual Property”) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Company Intellectual Property, with the exception of the following instances:
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. • You may store files that are automatically cached by your Web browser for display enhancement purposes. • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. • Where we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
• Modify copies of any materials from this site. • Incorporate the Website or any part of the Website into any other product, service or offering. • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
Confidentiality. During your use of the Company’s services, you may have access to proprietary, private and/or otherwise confidential information belonging to Company. “Confidential Information” will mean all non-public information which constitutes, relates or refers to the operation of the business of Company, its customers’, suppliers’, and other third parties’ past, present, and future business affairs including without limitation, financial, operational, personnel, sales, marketing, intellectual property of Company and any trade secrets, proprietary software (including but not limited to company-generated domains and backlinks), the identity of the Company’s customers or clients, or and pricing information of Company.
You will not at any time or in any manner, use for personal benefit, divulge, disclose or communicate in any manner any Confidential Information. You acknowledge that Company shall suffer irreparable injury upon any breach of your confidentiality obligations and that Company will be entitled to seek injunctive or relief to prevent any further breach by you; provided, however, that this will not limit any other rights or remedies available to Company.
Trademarks. The Company name, the term Embello, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Additionally, you agree not to:
• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website. • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website. • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent. • Use any device, software, or routine that interferes with the proper working of the Website. • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. • Otherwise attempt to interfere with the proper working of the Website.
User Contributions. The Website may contain interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website, including blog posts or comments.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. For clarity, you retain all of your ownership rights in any User Contribution. However, by submitting User Contribution(s) to us, you hereby grant us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and publicly perform any User Contribution in connection with the Website and Embello Co.’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access any User Contribution through the Service, and to use, reproduce, distribute, publicly display and perform such User Contribution as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in User Submissions in the form of a video you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination. We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
We cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards. These content standards (“Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Copyright Infringement. We do not endorse any User Submission submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Submission. We do not permit copyright infringing activities and infringement of intellectual property rights on the Service, and we will remove all User Submissions if properly notified that such User Submission infringes on another’s intellectual property rights in accordance with the Digital Millennium Copyright Act (“DMCA”) (http://www.copyright.gov/legislation/dmca.pdf). Embello Co. reserves the right to remove content without prior notice.
As such, we take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the DMCA (17 U.S.C. § 512), the written notice (the “DMCA Notice”) must include substantially the following:
• Your physical or electronic signature. • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works. • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material. • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address). • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law. • A statement that the information in the written notice is accurate. • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Laiza Cors Embello Co. 938 4th Street, Apt 309 Santa Monica, CA 90403 Phone: (847) 334-3400 firstname.lastname@example.org
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Reliance on Information Posted. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website. We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Geographic Restrictions. The owner of the Website is based in the state of California. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability. IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
Your Comments and Concerns. This website is operated by Embello Co., 8560 Sunset Blvd, Floor 10, West Hollywood, CA 90069.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to email@example.com.