Social Fabric® Terms Of Service

 

Introduction

Collective Bias Inc. (“Collective Bias”) presents this Website, www.socialfabric.us, (the “Website”). By accessing this Website, you agree to the Terms of Use. If you do not understand or agree with the Terms of Use, please do not use the Website and leave it immediately.

We may occasionally change the features and content found on Website. We reserve the right, at our discretion to change, modify, add or remove portions of this privacy policy. Consequently, our Terms of Use may be modified to reflect any revisions to the Website. We suggest you revisit our Terms of Use from time to time to be sure that you are familiar with our practices.

 

Copyright

Collective Bias and/or its subsidiaries, affiliates, assigns, licensors own all software, design, text, images, files, photographs, illustrations, audio clips, video clips, artwork, graphic material, program features, documents, and information or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks, trade names, and logos (collectively, the “Materials”) pursuant to U.S. and foreign copyright, trademark and other laws. You do not acquire ownership rights to the Materials viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in the Materials.

 

Reservations

Collective Bias and/or its advertisers reserve the right to use and distribute any images, content, or links provided by Website members related to paid activity on client projects, insights collection, or technology testing.

 

Permitted Limited Use of Information and Materials

You may use this Website only as set forth in these Terms of Use. You further agree that (1) you will not distribute in any medium any part of the Website, except that you may provide a link back to the Website and to the Materials on other websites or in emails where you are discussing or commenting on the Materials or Website; (2) you may only copy the Materials for your personal, non-commercial and informational purposes; (3) you will not alter or modify any part of the Website; (4) you keep intact all copyright and other proprietary notices; (5) you will not alter, edit or condense these Materials, but you may summarize them; (6) you will not use these materials to ridicule, disparage, threaten, defame, harass or annoy anyone; and (7) you will seek and obtain written authorization from an authorized Collective Bias representative for any further use of such Materials beyond the scope use provided herein. Collective Bias is not responsible for injury or damage to any person’s computer related to or resulting from downloading or printing materials from, or use of, this Website.

The Materials and contents of the Website may contain artwork, documents, images, information and other materials not proprietary to us, such as photographs, illustrations, clip art, film clips, musical passages, audio track or sound effects, or the names, trade names, trademarks, service marks, logos or designations of licensors or other third parties. Any use whatsoever of any of these materials may be strictly prohibited by such third party unless the prior written permission of such appropriate third party has been obtained.

Data collected is used in aggregate for determining reach and effectiveness of members/groups. Further, Collective Bias and its partners reserve the right to utilize API connections to determine extended reach and influence on any/all outside networks connected. Any individual information collected is deemed confidential and will never be publicly shared. All statistics and reach will only be shared publicly in aggregate or anonymously.

Any unauthorized or prohibited use of this Website or the Material may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

 

Editing, Deleting and Modification

We reserve the right, in our sole discretion, to edit or delete any documents, information or other content appearing on the Website, including this Agreement, without further notice to users of the Website. By way of agreement with these terms, adding member badges and tying outside social accounts to Website profiles, members acknowledge and agree that Collective Bias is collecting analytics and usage data from any/all accounts provided. Collective Bias does not tolerate plagiarism and has the right to remove members who do so.

 

Third Party Links

This Website may provide links to third party websites. Collective Bias is not responsible for the policies or practices or the content of such websites; the inclusion of any link to any such website does not imply endorsement or sponsorship by Collective Bias of such website or any matter or thing or content on the website.

 

Procedure for Making Claims of Copyright Infringement

If you are a copyright owner or an agent thereof and believe that any content on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

Collective Bias’ designated Copyright Agent to receive notifications of claimed infringement is: John Panourgias, Esq., Vice President of Legal Affairs, 30100 Telegraph Road, Ste. 360, Bingham Farms, MI 48025 or email to: johnpanourgias@collectivebias.com.

 

Anti-SPAM

You agree that you will not use the Website to obtain and send unsolicited email.

 

Disclaimer of Warranties

THE INFORMATION FROM OR THROUGH THE WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS WEBSITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

 

Limits

All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR WEBSITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.

 

Privacy

Please refer to our  Privacy Policy for any questions regarding personally identifiable information or other similar issues.

 

Venue; Applicable Law

YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE WEBSITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF OAKLAND COUNTY, MICHIGAN, OR THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT SOUTHFIELD, MICHIGAN OR THE DISTRICT OF MICHIGAN IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE.

 

Social Fabric® Community Code of Ethics

 

Participation in the Social Fabric® Community (the “Community”) is subject to the following Code of Ethics (the “Code”), which may be revised from time to time by Collective Bias, Inc. (“CB”) in its sole and absolute discretion. CB is extremely proud to have world-class content producers in our Community. We value each member and are grateful to work with such a creative bunch of shopper influencers who support each other and who we consider our friends and family. Our commitment to the Community includes: providing opportunities that will help generate creative and quality content, build followers and readers and educate them on best practices when working with brands.

Our Social Fabric community is among the best in class in terms of social influencers across the web and try to adhere to strict guidelines to ensure content is reliable, honest and always creative.

1. Disclosures – Members follow all  FTC disclosure  and  endorsement/testimonial guidelines  when completing posts for Collective Bias. Collective Bias provides training and monitoring to ensure influencers fully understand these guidelines. In addition, in order to remain FTC compliant, if content is modified in any way after the close of the campaign, the required disclosure must remain intact.

2. No Stealing – We do not tolerate plagiarism or stealing of photos, videos or other content. Social Fabric members always give credit where credit is due.

3. Following Through – Social Fabric members fully execute the responsibilities set forth in campaign instructions by the due dates provided, including any correction requests. If a member is unable to execute their responsibilities they must communicate any concerns to the appropriate person immediately.

4. Conflict of Interest – It is the influencer’s responsibility not to enter into a conflict of interest, meaning not accepting a campaign for a brand that is in direct competition with a brand they currently or recently worked with. This applies to campaigns with our network, with another network or pr agency or directly with the brand.

5. Support Fellow Influencers – Social Fabric members support other members by joining our Facebook group to share other members’ content.

6. Grammar and Spelling – All Social Fabric members are their own editors and are responsible for their own grammar and spelling mistakes.

7. Accuracy - All Social Fabric members are expected to check their content against instructions and any email updates in order to confirm it is accurate prior to submitting final work. Failure to provide accurate work could result in non-payment

8. Permanence of Content - Social Fabric members are expected to keep all content produced for our network publicly visible with the campaign hashtags and disclosures for a period of at least 90 days post final payment. In addition, in order to remain FTC compliant, if content is modified in any way beyond this time period the required disclosure must remain intact.

9. Complaints – We realize that not everything or everyone is perfect, but we really strive to get there and to provide our members with great experiences. That said, we encourage our members to come to us for any concern that may arise so we can address it in an appropriate manner.

10. Respect and Tolerance – We are an open community. Everyone is held to a higher standard and shows respect to one another no matter race, religion, sexual orientation, etc.

11. Content Ownership – You will not subcontract work out to other influencers. If you have contributors, they must be members of the community.

12. Be Creative – All content produced by Social Fabric members is 100% original and we like to say the best of the best! Members are not permitted to purchase any content (photographs, drawings, printables etc.) from anyone else. If you need a third party to create content for you in any way, let us know in advance and we can help you determine if it is appropriate and what type of disclaimers you may need.

 

ENFORCEMENT OF THE CODE OF ETHICS

 

CB exclusively controls the Community. As such, CB retains full control over this Community and membership to the Community. All access to the Community is through a license granted by CB.

CB takes its Code very seriously and has implemented procedures to ensure the integrity of the Community. CB will take the following steps if there is any infraction by any Member:

 

 

Grounds For Immediate Dismissal

CB will immediately remove a Member from the community if a Member engages in any plagiarism, bullying, disparagement of another Member, a client, the Community or posts highly inappropriate materials, as determined by CB in its sole and absolute discretion. A Member who is removed for this behavior may not be allowed to reapply to the Community.

Member Engagement Terms and Conditions

 

From time to time, CB may hire a Member to perform certain tasks and created certain materials (collectively, the “Services”) on behalf of a CB client (the “Client”). If a Member is engaged to perform Services for a Client, the Member hereby agrees to the following terms and conditions:

1. Payment terms are Net 30 days via ACH debit for US members and PayPal for international members.

2. The Member agrees that he/she is not an employee of CB, and the Member’s only relationship to CB is that of an independent contractor. The Member shall not be covered by, entitled to participate in, nor receive any of the benefits of any retirement, pension, profit sharing, stock option, bonus, health, hospitalization, vacation, insurance, workers’ compensation, disability or similar plan, arrangement or benefit now maintained or hereafter established by CB.

3. Collective Bias shall not pay or withhold any taxes of the undersigned.

4. The Member shall perform the Services to the best of Member’s ability. Due to the nature of these Services, it is crucial for CB and CB’s client that the Services be performed completely and accurately by the Member. By accepting an assignment, the Member agrees to completely perform the Services. If there is non-performance or only partial performance of these Services, whether or not due to any fault on the part of the Member, the Member understands that he/she will not be paid for the Services.

5. The Services are “Work Made for Hire” and ownership will be with CB and the Client. The Client shall have the right to use the Services without attribution any project for which the Member has been retained. For all future advertising, the Client may have the right to use the Services in which the in perpetuity and in all medium provided that the Client provides some form of reasonable attribution to the Member. In addition, on a case by case basis, the Member may be able to receive some additional consideration from CB or the Client.

6. The Member agrees that neither Collective Bias nor the Client shall be held liable by the Member for any and all claims, damages, demands, and liabilities of every conceivable kind or nature whatsoever, against Collective Bias or the Client emanating from Member’s Services.

7. The Member shall not have the authority to bind Collective Bias, nor any Client in any contract.

8. The Member shall defend, indemnify and hold harmless Collective Bias, its Clients, their affiliates, parent companies, subsidiaries and their officers, directors, agents and employees from and against any and all actions, costs, claims, losses, expenses and/or damages, including attorney fees, arising out of or in any way relating to or incidental to the performance of the Services.

9. If the Member receives any confidential and/or proprietary information regarding Collective Bias of the Client(s), the Member shall not disclose or use any such information.

10. These terms and conditions shall be governed by the laws of the State of Michigan, irrespective of any applicable principles of conflict of laws.

11. The Member shall follow any and all other written directions provided by Collective Bias.