Terms of Service for Creators
Last modified: September 19, 2023
This is an agreement between you and Insense Ads, Inc. (“we,” “us,” “Insense” or “our”). By clicking on the button accepting these Terms of Service set forth below (as amended from time to time, the “Terms of Service”), by visiting our website, www.insense.pro (the “Website”), downloading and installing our mobile application(s) (the “App”), or by using the Platform (as defined below), you acknowledge that you are a user of the Platform for commercial purposes (“Creator”), and in either instance you have the authority to enter this agreement and that you have read it, understand it and agree to be bound by its terms and conditions.
These Terms of Service” apply to you if you are a Creator that uses the Platform. If you are a Sponsor (as defined below), these Terms of Service do not apply to you and you should review our Terms of Service for Clients at https://insense.pro/terms-of-service.
Insense provides a proprietary platform (“Platform”) and campaign management services (“Services”) to help social media celebrities, influencers and creators (i.e. Creators) connect and collaborate with brands, advertisers and marketing agencies (“Sponsor” or “Client”) to create content for sponsored marketing campaigns (each, a “Campaign”).
Collaboration on Campaigns
Creator may use the Platform and Services to submit details regarding the fees that Creator may charge to create content (“Creator Fees”), the services Creator provides with respect to collaborations with Sponsors and details regarding Creator’s social media accounts, location and demographics, in addition to other details required by Insense.
If a Sponsor is interested in collaborating with Creator on a Campaign, Insense may ask Creator to participate in the Campaign via the Platform or email (at the email address provided when you creating an account) or and may deliver a campaign brief outlining Sponsor’s requirements for the Campaign (“Campaign Brief”). In the Campaign Brief, Creator may be informed about the budget, design and creative, target audience and duration of the Campaign.
If Creator agrees to participate in the Campaign, Insense may provide Sponsor with notice of Creator’s acceptance via the Platform.
Campaign Launches; Communications; Changes
Subject to Creator’s compliance with the terms and conditions of these Terms of Service (including signing up for an account and complying with the code of conduct set out below), Insense will make the Platform available to Creator on the terms and conditions set out in these Terms of Service.
Suspension of Access; Modification
Insense may, from time to time and at Insense’ discretion without limiting any of Insense’ other rights or remedies at law or in equity under these Terms of Service: (i) suspend Creator’s access to or use of the Platform; or (ii) make any modifications to the Platform.
Insense will provide Creator with technical support for the Platform: (i) via email at email@example.com, Monday to Friday from 9:00 AM to 5:00 PM EST; and (ii) via Insense’ knowledge base and documentation available online at https://intercom.help/Insense/en/; and (iii) via native Platform chat messenger. Insense will use its commercial reasonable efforts to respond to all technical support requests from Creator within 24 hours from the time the request is received.
Insense will use commercially reasonable efforts to achieve 99% Platform uptime and will use commercially reasonable efforts to provide notice at least 48 hours in advance for scheduled maintenances within normal business hours.
Account and Subscription Term
If Creator is an individual, Creator must be over the age of majority in Sponsor’s jurisdiction of residence who can form legally binding contracts to register for an account on the Platform (“Account”) and to be accepted by Insense as a member (“Member”) of the Platform. Creator is solely responsible for ensuring that the use of the Platform and Services in accordance with these Terms of Service in Creator’s jurisdiction of residence is permitted by law or regulation. If such use is not so permitted by applicable law, Insense prohibits all use and access to the Platform and Services. If Creator is a corporation, partnership, association or other business entity, Creator agrees that Creator has the authority to bind the corporation, partnership, association or other business entity to these Terms of Service.
The term of these Terms of Service will commence upon the Effective Date and will continue until Creator’s Account is closed either by Creator or by Insense at Insense’ sole discretion.
Upon registering for an Account, Creator may decide to or be required to integrate Creator’s Account with a third-party social media account (e.g., Instagram). In connection with such integration, Creator authorizes Insense to obtain certain information about Creator from Creator’s social media account, including certain personal information, such as Creator’s name, profile information, profile picture, social media account metrics, number of followers and any information that Creator may make publicly available on or through the social media account (“Social Media Information”). Insense may include some or all of this Social Media Information in Creator’s Account, and this information may be visible to other Members or visitors to the Platform. Creator agrees to provide current, complete and accurate information and to promptly update all account information to keep Creator’s account current, complete and accurate. Creator may change or update Creator’s account information at any time.
Creator is responsible for maintaining the confidentiality of Creator’s user ID and password and Insense strongly recommends that Creator does not disclose Creator’s user ID or password to anyone. Creator agrees to notify Insense if Creator becomes aware of a potential breach of security, such as unauthorized disclosure of Creator’s user ID and password. Creator may not transfer or sell Member’s Account to another party.
Account Termination by Insense
Insense may terminate, suspend, or otherwise restrict or prohibit access to the Platform and Services, remove hosted Member Content, including but not limited to, Creator’s Account, Campaigns, Work Product and Campaign Content, and take technical and legal steps to prohibit Creator from using the Platform or the Services for any reason and without prior notice.
Account Closure by Member
Creator’s Account can only be closed once all obligations (including payment obligations) in association with the Account or Campaigns (as defined below) have been satisfied by Creator and Creator has provided written notice to firstname.lastname@example.org or native Platform chat messenger and received written confirmation from Insense. See Termination for more details.
Member Conduct and Member Content
Creator must use Creator’s Account in a responsible manner and respect Members’ privacy. Creator will not access or use the Platform or Services to:
Insense allows Creator to interact in and publish information on the Platform (“Member Content”). Member Content includes any and all Work Product or Campaign Content.
Compliance with Applicable Laws
In certain jurisdictions, the law requires Creator to identify when posts are paid for, or other compensation is given, by a Sponsor (which compensation may include payments in cash, free or discounted products, trips, meals, or other incentives), and also when Creator has any other material connection to a Sponsor (for example, a partnership or other interest in Sponsor’s company).
Creator agrees to comply with any and all laws, rules, regulations and other legal requirements with respect to sponsored posts, including, if applicable, 16 CFR Part 255 – Guides Concerning the Use of Endorsements and Testimonials in Advertising and any other applicable laws and requirements published by the Federal Trade Commission.
The foregoing is provided for informational purposes only and does not constitute legal advice. It is Sponsor’s sole and exclusive obligation to consult Sponsor’s own professional legal advisors and ensure the compliance of all posts in the applicable jurisdiction(s).
Grant of Rights and Ownership
Ownership of Platform
Any and all content, data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names, logos, trade dress, patents, copyrighted or copyrightable materials and other information (collectively, the “Content”) contained in or made available through the Platform and Services are proprietary to Insense, its affiliates and/or third party licensors. The Content is protected by international copyright and trademark laws and is the confidential information of Insense.
Creator may download, print and reproduce the Content for Sponsor’s purposes related to receipt of the Services during the term of these Terms of Service. Any other use of the Content in whole or in part, including but not limited to adapting, displaying, distributing, publishing, storing in a retrieval system, transmitting, converting, copying or issuing copies, lending or reproducing the Content in any other form or by any other means whatsoever, whether electronic or otherwise, and including making the same available to or via the internet or wireless technology or authorizing any of the foregoing without the prior written consent of Insense, is strictly prohibited. To obtain written consent for such use, please contact Insense at email@example.com. Creator agrees that any use of the Content by Creator authorized by Insense and the goodwill associated with such use will inure to Insense’s benefit. Creator agrees and acknowledges that it will not acquire any interest in the Content or the goodwill associated with the Content by virtue of these Terms of Service or Creator’s use of the Content.
Ownership of Campaign Content
All right, title and interest, including without limitation, all intellectual property rights in, and to any Campaign Content, including all photographs, images, videos, audio, works of art, original writing, drawings, derivatives, compositions, creations and inventions developed by Creator will be owned exclusively by Creator.
License to Campaign Content
Rights Granted to Insense
Creator hereby grants Insense a non-exclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, and communicate the name and trademark of Creator’s company or organization (“Marks”) as a Member of Insense’s Platform or Services in any media whatsoever, including in Insense’s marketing materials during and after the term of these Terms of Service. Insense agrees that it will not acquire any interest in the Marks and the goodwill associated with Insense’s use of the Marks will inure to Creator’s benefit.
Copyright Policy (U.S. Members)
Insense respects copyright law and the intellectual property rights of others, and Insense expects Insense’s Members to do the same. Insense will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to Insense. In appropriate circumstances, Insense will terminate the accounts of Members who are repeated copyright infringers.
Creator will maintain the confidentiality of all Confidential Information disclosed to Creator. “Confidential Information” shall include, but not be limited to, business and marketing plans, technology and technical information, product plans and designs, customers, pricing, anything identified as confidential or communicated to the Creator as confidential, business or operational processes disclosed to the Creator, or any of the foregoing that the Creator becomes aware of as a result of participating in a campaign. Creator will take all necessary precautions against unauthorized disclosure of the Confidential Information. Creator will not directly or indirectly disclose, allow access to, transmit or transfer any Confidential Information to any third party without the prior written consent of Insense. Upon request of Insense, and in any event upon the termination or expiration of a Campaign, Creator will immediately return to Insense all materials, including Work Product and Campaign Content containing any Confidential Information which are in Creator’s possession or under Creator’s control.
Creator represents and warrants that: (i) Creator has the authority and right to enter into these Terms of Service and has obtained all rights and waivers necessary to grant the rights, titles and interests granted thereunder; and (ii) Creator will comply with all applicable laws, by-laws, rules, regulations and guidelines, including requirements and standards related to advertising and marketing, competition, consumer protection and privacy.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES AND THE EXCLUSION OR LIMITATION OF REPRESENTATIONS MADE CONCERNING INSENSE’ GOODS OR SERVICES. IF THESE LAWS APPLY TO CREATOR, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO SPONSOR AND SPONSOR MAY HAVE ADDITIONAL RIGHTS.
CREATOR’S USE OF THE PLATFORM AND THE SERVICES IS ENTIRELY AT CREATOR’S OWN RISK. INSENSE DOES NOT CONTROL THE CONTENT OF POSTINGS BY ITS MEMBERS. THE PLATFORM, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN “AS IS” AND “WHERE IS” BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
INSENSE HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE TRUTH OR ACCURACY OF ANY CAMPAIGN DESCRIPTIONS CONTAINED IN THE PLATFORM, A CAMPAIGN BRIEF, OR THE ABILITY OF CREATOR TO COMPLETE THE CAMPAIGN TO THE SATISFACTION OF SPONSOR.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INSENSE AND ITS AFFILIATES AND ANY OF THEIR OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY REGARDING THE PLATFORM, THE SERVICES, THE CAMPAIGNS, AND RELATED MATERIALS, INCLUDING ANY WARRANTY AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY AND NON-INTERFERENCE OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. INSENSE AND ITS AFFILIATES AND ANY OF THEIR OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS DO NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS OR QUALITY OF THE PLATFORM, THE SERVICES, OR THE POSTINGS OF ANY MEMBERS, INCLUDING CONTENT POSTED ON OR LINKED FROM THE PLATFORM OR THE SERVICES. INSENSE AND ITS AFFILIATES AND ANY OF THEIR OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS DO NOT WARRANT THAT THE PLATFORM IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION OR THAT THE PLATFORM AND SERVICES WILL MEET CREATOR’S REQUIREMENTS. CREATOR ASSUMES ALL RISKS ASSOCIATED WITH USING OR RELYING ON THE PLATFORM AND SERVICES, INCLUDING ANY LISTINGS BY MEMBERS.
Limitation of Liabilities
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO CREATOR, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO CREATOR, AND CREATOR MIGHT HAVE ADDITIONAL RIGHTS.
TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW, THE ENTIRE CUMULATIVE LIABILITY OF INSENSE AND ITS AFFILIATES, AND ANY OF THEIR OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS, AND CREATOR’S EXCLUSIVE REMEDY, FOR ALL MATTERS OR CLAIMS ARISING FROM OR RELATING TO THE PLATFORM AND THE SERVICES WILL BE LIMITED TO THE FEES PAID TO CREATOR, IF APPLICABLE, FOR THE PLATFORM AND SERVICES IN THE PRECEDING 6 MONTHS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INSENSE AND ITS AFFILIATES AND ANY OF THEIR OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL PUNITIVE, CONSEQUENTIAL DAMAGES, DAMAGES ON ACCOUNT OF LOSS OF PROFITS, OR OTHER DAMAGES ARISING OUT OF OR RELATING TO A COMPLETED OR NON-COMPLETED CAMPAIGN OR OTHER TRANSACTION BETWEEN MEMBERS OR ANY MISREPRESENTATION BY A MEMBER, INCLUDING WITH RESPECT TO A CAMPAIGN OR THE SUBJECT OF ANY TRANSACTION WITH A MEMBER. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY IRRESPECTIVE OF WHETHER THE ALLEGED LIABILITY IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF INSENSE OR ITS AFFILIATES OR ANY OF THEIR OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Creator agrees to indemnify and hold harmless Insense, its affiliates, officers, employees, and agents from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including all legal and accounting fees), arising from or relating to: (a) Creator’s use of the Platform and Services, (b) any representation or misrepresentation by Creator in any content that Creator (or anyone acting in Creator’s Account which Creator owns) submits, posts, transmits or makes available on the Platform or through the Services, including with respect to information in Creator’s Member profile or Campaign, (c) Creator’s completion or failure to complete a Campaign with another Member, (d) any liability arising from the tax treatment of payments or any portion of such payments, (e) Creator’s dispute of any amounts owing, (f) Creator’s liability arising from violation of any law, including intellectual property laws, (g) any violation by Creator of these Terms of Service, and (h) Creator’s negligence or willful misconduct.
Creator agrees that, at Insense’s option, Creator will conduct the defense of any such claim or action; provided that, notwithstanding Insense’s election that Creator conduct the defense, (a) Insense may nevertheless participate in such defense or settlement negotiations and pay its own costs associated therewith, and (b) Creator will not enter into any settlement or other compromise without the prior written approval of Insense (which approval will not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.
No person or entity will be entitled to any form of equitable or implied indemnification at any time, except as provided by these Terms of Service.
To close Creator’s Account, Creator must provide written notice to Insense by sending an email to firstname.lastname@example.org or via native Platform chat messenger. Accounts will be closed following 30 days’ notice with express written confirmation from Insense provided that (i) all Campaigns associated with Creator’s Account have been satisfactorily completed; (ii) any disputes in which Creator has been involved have been satisfactorily settled; (iii) any payments owing by Creator have been paid; (iv) there are no outstanding funds associated with the Account; and (v) Creator has completed any other obligation associated with Creator’s use of the Services. Following Creator’s Account closure, Creator will still be bound by all provisions of these Terms of Service.
Once Creator’s Account is terminated, Creator will no longer have access to any information within Creator’s Account.
Changes to the Fees
Either Creator or Insense may request changes to Creator Fees by providing a written request detailing the proposed changes to Creator Fees to the other party. Changes to Creator Fees will only be effective upon the written acceptance of both parties to the proposed changes to Creator Fees.
Timeline of Payment
Insense shall make payment of Creator Fees in accordance with the following deadlines: (i) to a PayPal account within 3 working days after receiving the request for payment from Creator and upon confirming the email where the money is to be transferred to, and (ii) to a bank account within 5 working days receiving the request for payment from Creator, provided that Creator provides correct account information and submits a correctly completed W9 form.
Disputed Invoices or Charges
If Creator believes Insense has paid Creator incorrectly, Creator must contact Insense no later than 30 days after having been paid by Insense or receiving such invoice in which the error or problem first appeared in order to request an adjustment or credit. In the event of a dispute, Creator agrees to discuss the disputed amounts with Insense in good faith in order to resolve the dispute as set out in these Terms of Service. In the event Creator enters incorrect payment requisites, then it will be Creator’s sole responsibility to correct the mistake.
Any permitted suspension of the Services by Insense pursuant to the terms of these Terms of Service will not excuse Creator from Creator’s obligations under these Terms of Service.
Currency, Processing and Transfer Fees
All amounts on the Platform are listed in U.S. dollars. Insense is not responsible for changes in currency exchange rates or any processing fees charged by Insense’s or Creator’s payment processors, including PayPal or Creator’s bank. Insense may also charge a percentage of the amount of the Creator Fees as a commission for the transfer of the Creator Fees to the Creator.
Creator agrees that, for a period of 12 months after the date Creator agrees to these Terms of Service, Creator will only use the Platform or Services as Creator’s sole and exclusive method to communicate and engage with, or request or accept engagements from, Sponsor(s) that Creator has worked with directly or indirectly in respect of the Platform, such work to include, without limitation, sponsorships, marketing, promotional, or endorsement work.
Creator agrees that Campaign Content will only be amplified or licensed exclusively through Insense during and after the term of these Terms of Service. For greater clarity, Creator will permit the amplification or creator licensing of any Campaign Content only through Insense, and not through any other platform or service, during and after the term of these Terms of Service.
Insense shall deduct any amounts owed to Insense by Creator for any educational materials purchased by Creator from Insense from the amounts of Creator Fees payable by Insense to such Creator.
Communications and Records
Creator agrees that Creator will conduct all communications regarding a Campaign in the Platform provided for the Campaign, or to upload/transcribe all related communications, including written agreements and changes to a Campaign, Campaign Content, emails, telephone calls, and discussions regarding content requirements, through the Platform. This process is required to maintain an electronic record of all required elements of a Campaign.
Creator also agrees to keep and maintain accurate and complete records related to a Campaign for at least two years following the completion of the Campaign. Insense reserves the right to request these records and other relevant documentation, which Creator agrees to provide to Insense within 10 days of Insense sending the request.
Creator is responsible for maintaining copies of any records that Creator is legally required to maintain under applicable laws, including record retention obligations under applicable taxation legislation. Insense does not provide an archiving service. Once Creator’s Account is terminated, Insense may delete all of Creator’s Member Content. Insense only agrees that it will not intentionally delete Creator’s Member Content prior to termination of Creator’s Account, provided that Creator’s Member Content otherwise complies with these Terms of Service. Insense expressly disclaims all other obligations with respect to the preservation or storage of Creator’s Member Content.
The Platform may offer Creator links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with Insense. Please understand that such linked websites are independent from Insense, and Insense has no control over the content of such websites. Consequently, Insense cannot be held liable for and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such websites. Such websites may be governed by terms and conditions different from those applicable to Insense’s Platform, and Insense encourages Creator to review the terms and privacy policies of those third parties before using their websites.
The links which Insense might place on the Platform do not imply that Insense sponsors, endorses or is affiliated or associated with, or has been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.
Definitions and Capitalized Terms
All capitalized terms not defined herein will have the meanings set forth in the Campaign Brief, as applicable.
These Terms of Service are governed by the laws of the State of New York applicable therein without regard to the principles of conflict of laws.
Notices to Creator may be made via email or regular mail, or in cases of changes to these Terms of Service or to the Services offered through the Platform, by posting notices or links to such notices, or by posting an updated version of these Terms of Service on the Platform itself.
Changes to Terms of Service
Insense reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform and Services (or any part thereof) with or without notice. Insense reserves the right to change these Terms of Service at any time and from time to time. Any new features that may be added to the Platform or Services from time to time will be subject to these Terms of Service, unless stated otherwise. Creator is responsible for regularly reviewing these Terms of Service, including, without limitation, by checking the date of “Last Update” at the top of this document. Insense may also, at Insense’s option, choose to notify Creator of such changes by e-mail or other means. If the modified Terms of Service are not acceptable to Creator, Creator’s only recourse is to stop using the Platform and Services. Creator’s continued access to and use of the Platform or Services will constitute the Effective Date to such updated Terms of Service.
Neither party will have any liability for any failure or delay resulting from any event beyond the reasonable control of that party including, without limitation, fire, flood, storms, insurrection, war, terrorism, earthquake, power failure, civil unrest, explosion, embargo, or strike.
Any controversy, claim or dispute arising out of, relating to, or in respect of these Terms of Service, including their negotiation, validity, existence, breach, termination, construction or application, or the rights, duties or obligations of any party, or the rights, duties or obligations of any party derived from or associated with these Terms of Service (a “Dispute”), will be handled according to the provisions set out below.
Insense is available by email to address any concerns Creator may have regarding Creator’s use of the Platform. Most concerns may be quickly resolved in this manner. If Campaign Content is not approved within the terms of the Campaign or is deemed to not be consistent with Campaign Content agreed to by Creator, Creator can contact Insense via email at email@example.com to submit a dispute. Insense reserves the right, in Insense’s sole discretion, to withhold any Creator Fees paid for the Campaign, less any applicable service fees and taxes, to Creator. Creator and Insense will use best efforts to settle any Dispute directly through consultation and good faith negotiations, which will be a precondition to either party initiating a lawsuit or arbitration.
If Creator and Insense do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution is pursued pursuant to the “Initial Dispute Resolution” section above then the Dispute will be referred to and determined by a single arbitrator in a final and binding arbitration administered under the rules of American Arbitration Association (“AAA”). If Creator and Insense have not agreed upon the arbitrator within 14 days, Creator and Insense will ask the AAA to appoint a single arbitrator. The seat of the arbitration will be the same as the provincial or territorial law governing these Terms of Service. The arbitration will be heard in the capital of the seat, unless Creator and Insense agree otherwise. The costs and expenses of the arbitrator will be shared equally between Creator and Insense. Creator and Insense have no right of appeal from any award of the Arbitrator, whether characterized as final, interim, interlocutory or partial. All Disputes referred to arbitration (including the scope of these Terms of Service to arbitrate, the law relating to the enforcement of these Terms of Service to arbitrate, any relevant limitation periods, the law governing the procedure of the arbitration, the law relating to available remedies, set-off claims and conflict of laws rules) will be governed by the law of the seat, and Creator and Insense hereby irrevocably consent to venue in the capital of the seat, and to the jurisdiction of competent courts in the capital of the seat for all litigation that may be brought, subject to the requirements for arbitration hereunder, with respect to the terms of, and the transactions and relationships contemplated by, these Terms of Service. Notwithstanding this provision, Creator or Insense may take such steps as are permitted or required to enforce an award made by an arbitrator. The existence of the arbitration and any element of the arbitration, including any award, will be confidential. The deemed undertaking rule will apply. No document or other evidence or information prepared for or produced by or on behalf of Creator or Insense will be disclosed to any non-party to the arbitration. Creator agrees that Creator will not contest venue, and Creator waives any rights that Creator may have to initiate, transfer, or change the venue of any litigation arising from or related to these Terms of Service.
Creator and Insense further agree that any lawsuit or arbitration will be conducted in their individual capacities only and not as a class action or other representative action, and Creator and Insense expressly waive the right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above will be deemed null and void in its entirety and Creator and Insense will be deemed to have not agreed to arbitrate disputes.
Notwithstanding Creator and Insense’s decision to resolve all disputes through arbitration, Creator or Insense may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
Pursuant to California Civil Code §1789.3, California residents are also entitled to the following specific consumer rights notice:
The name, and address of the provider of the Platform is:
Insense Ads, Inc.
31 West 34th Street, Suite 8189, New York, NY, 10001
Complaints regarding the Platform or requests to receive further information regarding use of the Platform may be sent to the above address or to firstname.lastname@example.org.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210. Hearing impaired persons may call TDD (800)-326-2297 or TDD (916)-928-1227, see www.dca.ca.gov for additional information.
Insense may engage third parties to provide the Platform and Services.
Relationship with Insense
No agency, fiduciary, partnership, joint venture, employee/employer, franchisor-franchisee is intended or created by Creator’s use of Insense’s Platform or Services.
These Terms of Service will represent the entire agreement between Sponsor and Insense and cannot be overridden by terms contained in any later received document, unless the additional terms are accepted in writing by both Sponsor and Insense.
If Creator has any questions or comments regarding these Terms of Service please contact Insense at email@example.com