THE TERMS OF USE

The following terms of use (the "Terms of Use") govern your access to and use of (1) the Rizer Social website located at https://www.rizersocial.io (the “Website”), (2) the Rizer Social online platform facilitating the matching of persons offering to create promotional online media content (each, a “creator”) and Campaign Initiators (as defined below), and (3) all other services provided by Rizer Social, as described on the Website (collectively, the "Platform”). These Terms of Use form an agreement between Rizer Social ("Rizer Social", “us”, “we”, “our”) and you. The term "you" refers to the person or entity visiting the Platform, browsing or otherwise using the Platform, or communicating with individuals or businesses registered with Rizer Social (each, a “Campaign Initiator”) for the purpose of creating promotional online media content for your products or services (each, a “Campaign”). By accessing and using (the term “use” when used herein in respect of the Platform shall mean access or use, and using shall have a corresponding meaning) the Platform, you accept and agree to be bound by and comply with these Terms of Use. If you do not accept and agree to be bound by these Terms of Use, please do not access or use the Platform. If you are accessing or using the Platform on behalf of another person or a corporate entity, you represent and warrant that you have the authority to bind such person or entity to these Terms of Use.

Use of the Platform

As a condition of your use of the Platform, you warrant that: (a) you have reached the age of majority in your jurisdiction of residence; (b) you possess the legal authority to create a binding legal obligation; (c) you shall use the Platform in accordance with these Terms of Use; and (d) all information supplied by you on the Platform is true, accurate, current and complete.

Rizer Social retains the right, at its sole discretion, to deny access to anyone to the Platform or the services it offers, at any time and for any reason, including, but not limited to, for violation of these Terms of Use. You shall cease and desist from any such access or use immediately upon request by Rizer Social.

User Account

You will be required to successfully sign up for a user account (the "User Account") using the available interfaces at the Platform and be issued with a username and password login credentials by Rizer Social ("User ID") in order to use the Platform and communicate with Campaign Initiators through the Platform. If you are issued with a User ID, you shall keep your User ID secure and shall not share your User ID with anyone else, and you shall not collect or harvest any personal data of any other user of Rizer Social, including account names.

Campaign Agreements with Campaign Initiators

The Platform permits you to view the Campaign Initiator Profiles of Campaign Initiators who have registered on our Platform and have chosen to allow you to view their Campaign Initiator Profiles. If a Campaign Initiator selects you for a Campaign through the Platform, you may separately enter into an agreement with that Campaign Initiator on such terms and conditions as may be agreed to between you and that Campaign Initiator ("Campaign Agreement"). For example, the Campaign Agreement may contain (a) a description of the services you will provide to the Campaign Initiator, (b) payment terms, and (c) any other terms and conditions as communicated between you and the Campaign Initiator through this Platform or otherwise. You understand that you are performing services for the Campaign Initiator, and not Rizer Social, and that Rizer Social is not a party to and will be in no way responsible for the performance of either you or the Campaign Initiator under any Campaign Agreement, except for facilitating the transmission of payment from the Campaign Initiator to you on their instructions in accordance with these Terms of Use. Rizer Social does not make any representations or warranties of any kind in respect of a Campaign Initiator or a Campaign Agreement. You also agree to act in good faith when negotiating and performing your obligations under each Campaign Agreement.

Disclaimer and limitation of liability

The platform and the content are provided "as is" without warranty or condition of any kind. Use of the platform or the content is at your own risk. Rizer Social does not make any representations, warranties or conditions about the quality, accuracy, reliability, completeness, currency, or timeliness of the platform or the content. The platform and the content may include errors, omissions and inaccuracies. Rizer Social does not assume any responsibility for any errors, omissions or inaccuracies in the platform or the content.

Creator and campaign reviews displayed on the site are intended as only general guidelines, and Rizer Social does not guarantee the accuracy of the reviews. Rizer Social makes no guarantees about the availability of specific creators, campaigns or types of campaigns.

To the fullest extent permitted by law, Rizer Social disclaims all warranties, representations and conditions of any kind with respect to the platform and the content whether express, implied, statutory or collateral, including, without limitation, the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement or that the platform or the content are or will be error-free or will operate without interruption. In no event will Rizer Social be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, for any damages of any kind (including, without limitation, direct, indirect, incidental, consequential, special, exemplary or punitive damages, lost profits, loss of use, loss of data, personal injury, fines, fees, penalties or other liabilities), whether or not Rizer Social is advised of the possibility of such damages, resulting from or related to the use of, or the inability to make use of, the platform or the content or any campaign agreement.

Creators marketing their services through the platform are independent organizations and not contractors, agents or employees of Rizer Social. Rizer Social is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any creators or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom and takes no responsibility whatsoever for campaigns created by creators. For greater certainty, Rizer Social is not liable for any property loss, whether monetary or physical goods, resulting from a campaign agreement.

The limitation above reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.

Creator’s Disclosure

Creators will comply with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (“FTC Guides”), current copies of which are available at http://business.ftc.gov/advertising-and-marketing/endorsements, and the WOMMA (Word of Mouth Marketing Association) Code of Ethics and Social Media Disclosure Guide, current copies of which are available at http://www.womma.org.

These Creator Terms & Conditions (the “Agreement”) shall outline the mutual understanding of the creator (the “creator”) and the advertiser (the “Advertiser”, and together, the “Parties”). And if Rizer Social Inc. (“Rizer Social”) and/or an agency (“Agency”) is acting on behalf of the Advertiser, the term Advertiser shall also refer to Rizer Social and/or Agency. The Parties hereto agree as follows:

Creator Terms & Conditions

OFFER

The offer includes all the information sent to the creator, including but not limited to, the campaign brief, campaign description, campaign requirements, payments, fees, compensation, flight dates, schedules, workbook schedules, social media channels, product, and any other information provided to the creator by the Advertiser (collectively, the “Offer”). The Offer has been agreed upon by the Parties and shall become part of this Agreement.

EFFECTIVE DATE

This Agreement is entered into as of the date the Offer is accepted by the creator (the “Effective Date”).

CONTENT

Creator shall produce content based on the brief as outlined in the Offer (the “Brief”). All opinions expressed by the creator will be honest and truthful. Creator may be required to state certain message points outlined in the Brief, which shall be outlined by the Advertiser. Creator shall not make any statements which are negative, defaming or potentially damaging in any way whatsoever to the Advertiser or the Advertiser’s product or service, at any point during the Campaign and up to 6 months following the Campaign. Content may also include branding, graphics, and hyperlinks, as outlined in the Brief. At the sole request of the Advertiser, the Creator will not publish or post the Content, and/or may be required to remove the Content from their social media channels.

APPROVALS

All Content shall be reviewed and approved by the Advertiser prior to being published by the creator on the Channels, unless otherwise agreed to by the Parties. At the request of the Advertiser, creator shall make changes and adjustments to conform with the Advertiser’s expectations of Content.

DISTRIBUTION

Content shall be distributed via the briefed creator’s social media channels, including but not limited to YouTube, Facebook, Instagram, Twitter, Snapchat, Tik Tok, Blog or Pinterest (collectively, the “Channels”), as outlined in the Offer.

LIVE POST

Content shall begin to display in the Channels on the date/time specified in the Offer, unless discussed and agreed to by the Parties (the “LIVE POST”).

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