Welcome to SOCIALCOLLAB’s Terms of Use. These Terms govern your (hereafter “ you”, “your” or “user ”) use of this website and the products and services available at this website, www.socialcollab.co , and any related website linked to this URL address, including pages related to Social Collab’s Engage and Amplify services (collectively the “ Site”) and/or created, controlled or operated by AK Media (SocialCollab GmbH). (hereafter “SOCIALCOLLAB ”, “we” “us ” or “our”). The Site features SOCIALCOLLAB's proprietary recommendation technology in its various forms and other services SOCIALCOLLAB may make available from time to time (collectively, the “Service"). By accessing the Site or using any part of the Service, you agree to be bound by these Terms. If you do not agree to these Terms, then you may not access the Site or use the Service. AK Media (hereafter referred to as „SOCIALCOLLAB") offers on www.socialcollab.co an online platform that allows users of various social media channels (hereafter referred to as „advertisers") to upload images and create advertisements to the SOCIALCOLLAB environment and there with them to provide product links. These product links may be clicked, shared and used by prospects (hereinafter referred to as "influencers") to obtain product information, advertise in so called influencer mafketing and make purchases through instagram and other social media platforms. 1. General Use. Subject to these Terms, SOCIALCOLLAB hereby grants you a limited, nonexclusive, and non-transferable license to use the Site. You can simply visit and use the Site and you do not doubt to register with SOCIALCOLLAB to do so. We reserve the right to modify these Terms at any time. By continuing to access or use the Site or Service, you agree to such modifications. Billing and taxation (4) Decisive for the amount of sales resulting from clicks and purchases are the clicks and purchases recognized by the program partners. SOCIALCOLLAB pays only amounts previously credited by the program partners. (5) Users are responsible for the taxation of their revenues. (6) SOCIALCOLLAB reserves the right to withhold amounts temporarily or permanently if there are reliable indications of copyright infringement or click fraud. (7) The amounts shown in the credit vouchers are gross amounts including the applicable value added tax. Usage (1) In order to use the services and the platform of SOCIALCOLLAB, a registration on this is necessary. The registration on SOCIALCOLLAB takes place with the help of an Instagram account, an email address and a password (2) By registering, users agree that SOCIALCOLLAB gains access to parts of the social media accounts. The approvals are standardized and are queried and specified by the respective social networks themselves. (3) In addition, the registration includes permission for SOCIALCOLLAB and its marketing partners to display the created content of the advertisers (campaigns) on the marketplace. Influencers can see this content and request a collaboratiuon with an advertiser. An Influencer can see how much he would earn for promoting an advertisement. (4) SOCIALCOLLAB asks users for payment data and stores it. The information is used solely to pay for sales generated through the platform. All payments through SOCIALCOLLAB are less all fees SOCIALCOLLAB deducts. If a collaboration takes place an advertiser needs a balance wich will be transferred (per instagram story swipe-up) to the balance of the influencer. (5) For users, the use of SOCIALCOLLAB is always free. There is no obligation to use SOCIALCOLLAB. Furthermore, every user is free at all times whether, when and to what extent he would like to work on SOCIALCOLLAB or whether he would like to cease his activity. Rules for users (1) Users assure that they provide truthful and complete information when registering. If this is not the case, SOCIALCOLLAB reserves the right to exclude users from using the platform. (2) Users are not entitled to pass on their access data and passwords to third parties. If third parties have access to a user's SOCIALCOLLAB account or if they suspect abuse, the user is required to contact SOCIALCOLLAB immediately to have the user data changed. (3) Users are not allowed on stilink to distribute links or references to external websites, advertising or other content, unless they are directly related to SOCIALCOLLAB. (4) Users are obliged to refrain from anything that jeopardizes or interferes with the operation and functioning of SOCIALCOLLAB and its prosperous coexistence. It is forbidden to users in particular - violate the rights of third parties, in particular copyrights, personal rights, trademark rights, company rights, etc. - to offend common decency, make comments, or choose a particular username that violates the religious sentiments of others, or that is racist or discriminatory. 2.3. If you believe any of your other intellectual property rights, have been violated, please follow the same information and a takedown request sent to: [email protected] 2.4 Notice and Takedown. SOCIALCOLLAB does not control the content on its network precisely but random however, we require our advertisers to comply with our Advertiser Guidelines. Despite various safeguards, SOCIALCOLLAB recognises that from time to time advertiser content may be in breach of relevant copyright laws, contain references which may be regarded as defamatory, promote fake news and/or contain fraudulent or misleading [email protected] with the following information information or links. If you have identified content of this nature, please email [email protected] with the following information (i) your contact details (ii) the full details of the material in question (iii) the URL where you found the material and; (iv) the reason for your request e.g. complaint about defamatory content. Upon receipt of your notification, SOCIALCOLLAB will comply with the following Notice and Takedown procedure: (a) SOCIALCOLLAB will endeavour to acknowledge receipt of your complain by email and within 48 hours of receipt. (b) Following confirmation of receipt, SOCIALCOLLAB will commence an investigation to access the validity and plausibility of the complaint. If SOCIALCOLLAB determines that the initial complain may be valid pending further investigation, SOCIALCOLLAB may temporarily suspend or remove a particular campaign from its network. (c) SOCIALCOLLAB may contact the relevant advertiser who is responsible for the content, it relevant. If SOCIALCOLLAB does so, the advertiser will be notified that their content is subject to a complaint, under what grounds and will be encouraged to address the complaints concerned. If relevant, the complaint and the advertiser will be encouraged to resolve the issue swiftly and amicably and to the satisfaction of both parties. (d) Following the finalization of SOCIALCOLLAB's investigation, SOCIALCOLLAB may: - allow the advertiser to continue to display the content unchanged; or - allow the advertiser to continue to display the content with changes; or - permanently remove the content from its network permanently and usually within 48 hours of SOCIALCOLLAB determining this is the appropriate course of action. 3. Privacy and Cookie Policy; Other Terms. Your use of the Site or Service is also governed by SOCIALCOLLAB’s Privacy Policy. By using the Site or Service, you agree to the terms set forth in that policy. Your use of SOCIALCOLLAB’s Engage or Amplify services will further be subject to other terms specific to those services. In addition, we may use cookies or other automated means of data collection. Please read our Privacy Policy for more information. 4. Disclaimer of Warranties and Limitation of Liability. SOCIALCOLLAB EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE SITE. EXCEPT FOR BODILY INJURY, IN NO EVENT WILL SOCIALCOLLAB OR ITS AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, THE SERVICE, AND THE DATA, WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITES; OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $1,000. ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. Social Collab DISCLAIMS ALL LIABILITY OF ANY KIND OF SOCIALCOLLAB'S AGENTS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU UNDERSTAND AND AGREE THAT YOUR SOLE RIGHT AND REMEDY AGAINST SOCIALCOLLAB IS TO DISCONTINUE USE OF THE SITE. 5. Indemnity. You agree to indemnify, defend and hold harmless SOCIALCOLLAB, its parents, subsidiaries, affiliates, customers and vendors, creators, publishers and their respective officers, directors and employees from any liability, damage, cost, or fees (including reasonable attorneys' fees) arising from: (i) any claim or demand made by any third party due to or arising out of your access to the Site; (ii) your use of the Service or Site, and/or violation of the Terms; (iii) or the infringement by you, or any third party using your SOCIALCOLLAB account, of any intellectual property or other right of any person or entity. 6. Termination. SOCIALCOLLAB, in its sole discretion, may terminate or suspend use of the Sites at any time for any reason or for no reason at all, without prior notice or liability to you. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. 8. Miscellaneous. 8.1. We are not responsible for the availability of any websites, applications, or other offerings owned or controlled by third-parties. We do not endorse and are not responsible or liable for, directly or indirectly, the operation of such third-party websites, their privacy practices and/or the content (including misrepresentative or defamatory content), including (without limitation) any advertising, products, or other materials or services on or available from such websites or resources; nor for any damage, loss, or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods, or services available on such thirdparty external sites or resources. 8.2 When using the Site, you agree to comply with all laws in your jurisdiction (including but not limited to copyright laws) and not use the Site for any purpose that is unlawful or prohibited by these Terms. By way of example, you shall not: (i) post or transmit any communication or solicitation intended to obtain password, account, or private information from any SOCIALCOLLAB user; (ii) create or submit spam to any SOCIALCOLLAB users or any URL; (iii)use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission; (iv)interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site or Service; and (v) bypass any measures we may use to prevent or restrict access to the Site. 8.3. If any part of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms. 9. Electronic Communications. Please send any questions or concerns regarding these Terms to [email protected] . By communicating with us electronically you acknowledge that communications by email are not considered confidential.