(Last updated January 1, 2023)
Acceptance of Terms
“Creator” means an individual who controls and operates a Social Media Account and who is captured in the Lolly Services.
“Social Media Account” means a registered account with a social media, social network or content sharing platform, including but not limited to Facebook, Twitter, Instagram, Snap, YouTube, Vimeo and Pinterest.
Lolly reserves the right, at its sole discretion, to modify these AToS at any time and without prior notice. If we modify these AToS, we will post the modification on the Site. We will also update the “Last Updated Date” at the top of these AToS. Modifications to these AToS will automatically take effect upon posting; provided, however, that material changes to the AToS will be effective as to an existing User thirty (30) days after posting. By continuing to access or use the Site or any Services available to Creators after we have posted a modification, you are indicating that you agree to be bound by the modified AToS. If the modified AToS are not acceptable to you, your only recourse is to cease accessing or using the Site and Services as a Creator.
The eligibility provisions in the Terms apply.
The Service allows registered Creators to access certain information, and provides them opportunities to express interest in participating in marketing campaigns proposed by other Users.
To access and use the Services as a Creator, you must register an account as a Creator (“Creator Account”). We offer two ways to create an account – direct registration using an email address, or registration via a third party service.
Direct Registration: To create a Creator Account by using your email address, follow the prompts on the Site. You agree to provide accurate, current and complete information during registration and to update such information to keep it accurate, current and complete. You agree that you will safeguard your password and that you are solely responsible for any activities or actions under your Creator Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Creator Account. You are solely responsible for your Content (defined below) and Creator Account.
Registration via Third Party Service: You may also create a Creator Account via certain third party social networking services or sites (including, but not limited to, Facebook) (each such account, a “Third Party Account” or “TPA”)) by following the prompts on the Site. You represent that you are entitled to disclose your TPA login information to us and to grant us access to your TPA (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable TPA and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.
Linking Third Party Accounts After Registration: Whichever way you first create a Creator Account, you may also thereafter link it to your TPAs, by either: (i) providing your TPA login information through the Services; or (ii) expressly authorizing us to access your TPA, as is permitted under the applicable terms and conditions of each Third Party Account. You represent that you are entitled to disclose your TPA login information to us and/or grant us access to your TPA (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable TPA and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.
You acknowledge and agree that you are solely responsible for your Creator Account and all Creator Account information. You represent and warrant that any Creator Account Content that you post, and any agreements you enter into with other Users (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) comply with all applicable laws, tax requirements, licenses, rules and regulations that may apply to you and (b) not conflict with the rights of third parties.
Service Process; Fees; Payment
Registered Creators may use the Services to offer and accept opportunities to participate in any marketing campaigns to which they are invited.Users posting marketing campaigns control which Creators are allowed to see and/or accept a proposal to participate in the marketing campaign.
Creators retained to participate in a marketing campaign may be compensated in a number of ways: by monetary payment; through receipt of goods or services; or a combination of both.Some marketing campaigns will ask Creators to register as affiliate marketers and will provide compensation based on actions taken by end users (such as shares, re-posts, or purchases of goods or services directly connected to a Creator’s Social Media Account posts). The compensation for each marketing campaign will be communicated in the marketing campaign description.
When two Users enter into an agreement with each other through the Services, we will share information with each User as necessary or requested, such as (i) the first and last name, Social Media Account handles, and contact information, (ii) links to the other User’s profile or other information expressly made available by that User, and (iii) details of the Users and campaign (including campaign requirements). Users may enter into agreements with each other through the Services by following the prompts to establish all agreed terms and mutual acceptance of those terms.
When an agreement between Users is confirmed through the Services, we will communicate with each User confirming such agreement and facilitating other requested communications. The message may be sent by in-application push message, posting to your account or Dashboard, email, and/or text message, and acceptance of these terms is your consent to receive these communications.
In consideration of the Services, we receive a fee (the “Service Fee”) from Users posting marketing campaigns in exchange for providing the Services.We do not currently charge Creators any service fee for use of the Service.An Creator may receive payment through the Services or by other means.
The Services includes creation of a profile for Users that may become Creators, based on that Creator’s publicly available social network posts, followers and activity. Other Users will be able to see your Profile and Users seeking to connect with Creators will be able to search your profile and will use the information to invite you to make a proposal on offered work or otherwise communicate with you.Y ou understand and agree that the placement or ranking of your Profile in search results may depend on a variety of factors, including, but not limited to, Brand or Creator Preferences, ratings and/or offered rates.
Use of Your Content; Responsibility for Your Content
When you as a Creator post Content on the Services, or post Content on your Social Media Accounts pursuant to an agreement with another User, you represent and warrant as follows:
(a) that you have the right, power, and authority to post that Content and grant the licenses specified below;
(b) that by posting or providing such Content you will not violate third-party rights of any kind, including, without limitation, any Intellectual Property Rights, rights of publicity, and privacy rights;
(c) you are the owner of all the copyright rights to your original Content and that we may exercise the rights to your Content granted under the AToS without any liability or obligation for any payment beyond the compensation agreed to between you and the User that commissioned your Content;
(d) As to any Content you created pursuant to an agreement with another User, you will immediately remove such Content from the Service or any Social Media Account on the request of Lolly or the User that commissioned the Content;
(e) You are solely responsible for all and Content and all postings to your Social Media Accounts;
(f) all of your Social Media Account postings made under or based on an agreement with another User: (a) will be in compliance with all applicable laws, rules and guides (such as FTC Guides Concerning Sponsored Endorsements); (b) will have all necessary intellectual property and other rights for such use; (c) will not infringe the rights of any third party.
Lolly assumes no responsibility for compliance with any agreements between Users, or duties owed by a User to a third party, or a User’s compliance with applicable laws, rules and regulations. We reserve the right, at any time and without prior notice, to remove or disable access to any Profile or Content on the Service for any reason, including Profiles or Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these AToS or any of our then-current policies and guidelines, or otherwise harmful to the Service. “Content” means text, graphics, images, music, software (excluding the Site), audio, video, information or other materials.
If you are selected to provide Content in support of a marketing campaign, you agree that the terms of your selection include granting the other User (i) the right, in its sole discretion, to require that any posting of your Content be removed, (ii) the right and opportunity to include one or more metadata files, pixels,tagging software, or other tracking technology as part of any Content you post, and (iii) the option, in its sole discretion, to require that your Content be reviewed and approved prior to posting.
You understand and agree that Lolly is not involved in the interactions between Users and does not refer or endorse or recommend particular Creators. You also understand and acknowledge that Lolly does not edit, modify, filter, screen, monitor, endorse or guarantee User Content or the content of communications between Users.
Users are responsible for investigating and verifying to the extent they deem necessary the identity and credentials of other Users contacted via the Services. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular User(s) or other third party(ies) who caused you harm, and you agree not to attempt to impose liability on, or seek any legal remedy from, Lolly with respect to such actions or omissions.
(a) Lolly License to You. Subject to your compliance with these AToS and the Terms, we grant you a limited, non-exclusive, revocable, non-transferable license, to (i) access and utilize the Services made available to you, and (ii) access and view any User Content to which you are permitted access. You have no right to sublicense the license rights granted in this section.You represent, warrant and agree that you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services or Collective Content, except as expressly permitted in these AToS. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Lolly or its licensors, except for the licenses and rights expressly granted in these AToS. “Collective Content” means User Content and Lolly Content.
(b) Your License to Lolly. By posting Content on or through the Services as part of an influencer marketing engagement with another User, you hereby grant to Lolly a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to create derivative works, sublicense, use, edit, view, copy, adapt, modify, distribute, license, sell, host, market, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, and otherwise exploit such publicly available User Content on, through, or by means of the Services as currently exist or may be developed in the future only to: (i) market and promote the Services and the Site, and (ii) for internal reports and reports to marketing campaign Users. Lolly does not claim any ownership rights in any such User Content and nothing in these AToS will be deemed to restrict any rights that you may have to use and exploit any such User Content.
(c) Your License to Marketing Campaign Users. By posting Content on your Social Media Accounts under an agreement with another User to support a marketing campaign, you hereby grant to that User such license and rights as you specifically accepted pursuant to the rights selected by each such marketing campaign User on the Lolly Site. Nothing in these AToS will be deemed to restrict any rights that you may have to use and exploit any such Content; however, your rights to use or exploit Content may be restricted by the terms of your agreement with the User that retained you to create such Content.
You understand and agree that the information contained within a marketing campaign to which you are invited, as well as other information you may receive from the User posting such marketing campaign, contains confidential business, technical or financial information relating to that User’s business (hereinafter referred to as “Confidential Information”).You agree: (i) to take reasonable precautions to protect such Confidential Information from disclosure to third parties; and (ii) to only use such Confidential Information in the performance of the Services or satisfaction of any agreement you reach with the User posting the marketing campaign.Your obligations under the provision expire five (5) years following the disclosure of the Confidential Information to you, or when such Confidential Information (a) is or becomes generally available to the public, or (b) was in your possession or known to you prior to receipt, or (c) was rightfully disclosed to you without restriction by a third party, or (d) was independently developed by you without the use of any Confidential Information, or (e) is required to be disclosed by law.
You further understand and agree that you will not make any (i) negative, critical, hostile, or disparaging public or private statements concerning any User, any marketing campaign, or any product or service in any way associated with a marketing campaign.This agreement shall not in any way prevent you from disclosing information in response to a lawful subpoena or court order, or to your personal attorney, accountant or other professional obligated to maintain the confidentiality of the information disclosed.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice, and at any time terminate these AToS, the Terms, or your access to the Service. You may cancel your Creator Account at any time by contacting us or following the prompts on the Site. Please note that if your Creator Account is canceled, we do not have an obligation to delete or return to you any Content you have posted to the Services, including, but not limited to, any reviews or feedback.
The failure of Lolly to enforce any right or provision of these AToS will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Lolly. Except as expressly set forth in these AToS, the exercise by either party of any of its remedies under these AToS will be without prejudice to its other remedies under these AToS or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these AToS invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these AToS will remain in full force and effect.
Disclaimer: The original, legally binding version of this document is written in English.If it is translated into other languages by non- native English-speakers or by software, there may be discrepancies between the English version and the translated version.If so, the English version supersedes the translated version.
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