SYFT | Terms

Terms

THERE IS AN ARBITRATION CLAUSE IN THESE TERMS. IF YOU AGREE TO THEM YOU AGREE TO RESOLVE ANY ISSUES, CASES OR CONTROVERSIES BETWEEN YOU AND Syft ARISING OUT OF YOUR USE OF THIS PLATFORM WITH BINDING ARBITRATION. YOU WILL HAVE ALSO WAIVED YOUR LEGAL RIGHT TO PARTICIPATE IN CLASS ACTIONS AND CLASS-WIDE ARBITRATION.

THESE TERMS AND CONDITIONS OUTLINE THE RULES AND REGULATIONS FOR THE USE OF Syft`S WEBSITE. By accessing this web site, Syft and its affiliates assume you accept these terms and conditions in full. Do not continue to use Syft`s website or platform if you do not accept all the terms and conditions stated on this page.

Privacy Statement and Disclaimer Notice!

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:

  • “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “
  • “Influencer” refers to you, the person accessing this web site and are accepting the Company’s terms and conditions if you are accessing this web site as a content producer.
  • “Brand” refers you the person or accessing this web site and are accepting the Company’s terms and condition if you are accessing this web site as a brand marketer.
  • “The Company”, “Syft,” “Ourselves”, “We”, “Our” and “Us”, refers to our Company which is Syft, Inc.
  • “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
  • All terms stated on this page refer to the offer, acceptance and consideration of payment necessary to undertake the process of our service to the Client, Influencer or Brand in the most appropriate manner, whether by this platform, or any other means, for the express purpose of meeting the Client’s, Influencer’s or Brand’s marketing needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing federal and state law.
  • Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
  • Please email info@syft.la to remove your account and personal information from our database and application.

Updates to Terms and Conditions and Syft!

Syft reserves the right to update its terms and conditions from time to time and at any time and without notice unless otherwise prohibited by law. You may check these terms every time you use this web site. However, your continued use of our web site constitutes and acceptance of these Terms and Conditions.

Syft also reserves the right to update its online platform from time to time and at any time without notice. This may include changes in the platforms layout, pricing for certain features, functionality and the availability of Brands and Influencers. Syft may provide notice of such changes but these notices are not required under these terms and conditions and are only a courtesy to Syft’s users.

Third Party Apps

If you request for information through Google/Facebooks Application Programming Interface (API), your personal identifiable information or personal data maybe collected by Syft. This information will include your first name, last name, date of birth, etc. which is required for the delivery of service by Syft.

If you choose to not provide data requested by the API, you may continue to visit the site but you may not be able to access certain offers, services or secure pages. You may also choose to restrict Syft’s access to your account from your Google Security Settings page, but may not be able to access some of Syft’s website function.

Syft complies with all the terms and conditions mentioned in Google API Services User Data Policy (https://developers.google.com/terms/api-services-user-data-policy), Facebook Platform Terms (https://developers.facebook.com/terms/) and YouTube API Services-Developer Policy (https://developers.google.com/youtube/terms/developer-policies).

Who can use Syft?

You must be at least the age of majority (usually 18years old) in your jurisdiction to use Syft. You must also be able to enter into an agreement and validly accept these terms and conditions under the law of your jurisdiction. You may not use Syft if you do not agree to these terms and conditions. To use Syft, you must als warrant that all information you provide to Syft isaccurate and true.

How can you use Syft?

License Grant

You can use Syft by successfully signing up for a user account as either a Brand or Influencer. If successfully sign up you will have a User ID and password. By using this User ID and password you agree to keep it secure and not share it with anyone. You may not use your ID for any purpose other than to utilize the services provided by the Syft platform. Syft reserves the right to suspend User IDs or cancel them for other than this use.

When you transmit, upload, load, download to, post on, or enter the Syft Platform, or we collect any data from your local computer system or from third-parties with your permission, you grant Syft the right to a royalty-free, transferrable, perpetual, worldwide, sublicenseable license to access, collect, store and use all such data for reasons such as to comply with local law, administer the Syft Platform or execute any of Syft’s standard auditing or data retention policies.

User account

You can use Syft by successfully signing up for a user account as either a Brand or Influencer. If successfully sign up you will have a User ID and password. By using this User ID and password you agree to keep it secure and not share it with anyone. You may not use your ID for any purpose other than to utilize the services provided by the Syft platform. Syft reserves the right to suspend UserIDs or cancel them for other than this use.

Term and termination

Syft may terminate your account at its sole discretion, i.e. for any reason, at any time and without prior notice.

You may terminate your account by sending an email to info@syft.la or following the cancellation procedure on the Syft platform.

Prohibited Use

Without limiting the generality of the following in anyway. You may not:

  • Use the Syft Platform in any way that is illegal.
  • Use any robot, crawler, spider, or other automated means to access information on the Syft Platform,
  • Reverse engineer the Syft Platform,
  • Modify the Syft Platform,
  • Extract the Syft Platform’s source code
  • Aid anyone in violating these terms and conditions,
  • Probe, scan or test the vulnerability of the Syft Platform or any of our networks,
  • “Frame” or “mirror” any part of the site, or Syft Platform,
  • Upload or transmit through any means to the Syft Platform anything that is offensive, pornographic, hateful, obscene, defamatory, violent or threatening, or promotes violence or harm against any person or group, promotes racism, or violates any laws or regulations, in all cases as determined by Syft.
  • Take any action that in Syft’s sole discretion puts on unreasonable load on the Syft platform or web site.

Services and Products

Syft is an online marketing platform that connects Influencers with Brands and Brands with Influencers (“Service”). For example, Brands can use Syft to find Influencers willing to market their products. For use of this Service Syft charges a fee when Brands form marketing agreements with Influencers or Influencers form marketing agreements with Brands. Syft will charge Influencers 5% and Brands 10% on all agreements (“Transactional Fees”)

Ban Against Periphery Deals

Syft brings Brands and Influencers together. Using Syft, Brands and Influencers can bargain to create lasting partnerships. However, Syft charges a fee to Brands and Influencers when deals are made on its platform. These fees are what keep Syft running. Using Syft to find Influencers or Brands to bargain outside of the platform, or finding Influencers or Brands on Syft and then bargaining outside of the platform is EXPRESSLY PROHIBITED BY THESE TERMS. YOU MAY NOT USE Syft LIKE THIS. USING Syft IN SUCH A WAY AMOUNTS TO A BREACH OF CONTRACT WITH SYFT, WHICH OWNS Syft.

Cookies

in accordance with Syft’s privacy policy. Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

Intellectual Property Rights Reserved

Unless otherwise stated, Syft and its affiliates own the intellectual property, whether copyrighted material, patents, trademarks or otherwise, on Syft. All intellectual property rights are reserved. You may view and/or print pages from http://app.syft.la for your own personal use subject to restrictions set in these terms and conditions.

You must not:

  • Republish material from http://app.syft.la
  • Sell, rent or sub-license material from http://app.syft.la
  • Reproduce, duplicate or copy material from http://app.syft.la
  • Redistribute content from Syft (unless content is specifically made for redistribution).

User Comments

Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data ('Comments') in areas of the website. Syft does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of Syft, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Syft shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered because of any use of and/or posting of and/or appearance of the Comments on this website.

Syft reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these.

By submitting content such as comments to the Syft Platform, you grant Syft the right to a royalty-free, transferrable, perpetual, worldwide, sublicenseable license to use and reproduce in any language such comments including but necessarily the name and geographic location associated with such comments. Your comments are non-proprietary and non-confidential.

Terms and Conditions

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
  • The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
  • The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;

You hereby grant to Syft a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in all forms, formats or media.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

While we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

FTC Endorsement Guidelines

Influencers are always required to comply with FTC guidelines on the endorsement of products. An overview of such guidelines can be found at https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking. However, Syft is not responsible for your compliance with these guidelines. It is your responsibility to identify when and how they apply to you. In many cases, an Influencer is required to disclose in a specific manner their connection to a Brand when endorsing a Brand’s products.

Social Media Sites and other Third Parties

Syft may link to certain social media sites or other third parties. The use of these sites is governed by their respective terms and conditions and privacy policies. Furthermore, by linking to these sites, Syft does not endorse them or warrant their fitness for their advertised use or any particular purpose. You agree to use linked third party web sites at your own risk.

Syft may also allow you to link certain social media profiles to its Platform. By doing so, you are allowing Syft to access all content contained in this social media profile including photographs, videos, and text. Depending on your privacy settings for each account this may include certain personally identifiable information. You may, however, disable any such link at any time. STILL, Syft IS NOT RESPONSIBLE FOR ANY PERSONALLY IDENTIFIABLE INFORMATION RELEASED FROM THESE SITES TO Syft. SUCH INFORMATION IS GOVERNED BY THE TERMS AND CONDITIONS OF THOSE THIRD-PARTY WEB SITES.

How to delete your account and personal information?

Please email info@syft.la to remove your account and personal information from our database and application.

General Terms

Indemnity

You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Syft, our directors, officers, employees, and affiliates from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys fees) due to, arising out of, or relating in any way to: (a) your access to or use of this Platform and (b) your breach of these Terms.

Disclaimers

Syft can make no promise that its platform will always be up and running. AS SUCH, Syft MAKES NO WARRANTY INCLUDING ANY WARRANTY EXPRESS, IMPLIED, AS TO MERCHANTABLIITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE CANNOT WARRANT IN ANY FASHION THAT OUR PLATFORM WILL WORK WITHOUT ERROR, BE FREE OF ANY SECURITY ISSUES, OR WILL BE AVAILABLE ON DEMAND AND WITHOUT INTERRUPTION.

Limitation of Liability

To the maximum extent permitted by law, syft and our managing members, shareholders, employees, affiliates, licensors, and suppliers will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use our services. In no event will syft’s aggregate liability for all claims relating to our services exceed the greater of $100 usd or the amount you paid blank, if any, in the last 12 months.

some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you.

Arbitration, Class Waiver, and Jury Waiver

Please read the following paragraphs carefully because they require you to arbitrate disputes with syft, and limit the manner in which you can seek relief from us.

  • Applicability of Arbitration Agreement

    All claims and disputes arising out of or relating to these Terms or the use of our Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and Syft are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

  • Additional Rules for Non-appearance Arbitration.

    If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.

  • Authority of the Arbitrator.

    The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Syft. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Syft.

  • Waiver of Class or Consolidated Actions.

    All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in section 17.

  • Confidentiality

    No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

  • Right to Waive.

    Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.

  • Small Claims Court

    Notwithstanding the foregoing, either you or Syft may bring an individual action in small claims court.

  • Arbitration Agreement Survival

    This arbitration agreement will survive the termination of your relationship with Syft. Exclusive Venue

Exclusive Venue

To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Syft agree that all claims and disputes arising out of or relating to these Terms or the use of our Services will be litigated exclusively in the United States District Court for the Central District of California. If, however, that court would lack original jurisdiction over the litigation, then all claims and disputes arising out of or relating to these Terms or the use of our Services will be litigated exclusively in the Superior Court of California, County of Los Angeles. You and Syft consent to the personal jurisdiction of both courts.

Choice of Law

Except to the extent they are preempted by U.S. federal law, the laws of California, other than its conflict-of-laws principles, govern these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims.

Severability

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

Severability

These Terms make up the entire agreement between you and Syft, and supersede any prior agreements. These Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver. We reserve all rights not expressly granted to you. You may not transfer any of your rights or obligations under these Terms without our consent.

Opt Out

Please refer to https://syft.la/privacy