FYPM Terms and Conditions
Last Updated: September 17, 2020
1. Acceptance of Terms
2. Service Description
FYPM provides a service that helps influencers, freelancers, and others in the ‘gig economy’, share their experiences collaborating with brands and corporations, in order to promote transparency and help users better understand their worth.
As a User of the Service, you agree to provide us with complete and accurate information (if requested) and to update such information to keep it accurate, current and complete. You hereby grant FYPM the right to use and distribute the information that you have provided to FYPM for the purpose for which it was provided. You understand and agree that FYPM has no control over the conduct of users and does not guarantee that the information submitted to FYPM by other users is accurate. To the fullest extent permitted by law, you agree to release FYPM from all liability arising out of or related to any interactions you may have with other users for your use of the Service or any act or omission of other users.
3. FYPM Account and Community Rules
Before you may use our Service, you must register for an account. To create a FYPM account you must be at least 18 years of age or older and you must be legally permitted to use our Service by the home laws of your country.
By creating an account with FYPM, you represent and warrant that:
- You can form a binding contract with FYPM;
- You will comply with these Terms and all applicable laws, rules, regulations, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements;
- You have never been convicted or pled no contest to a felony, sex crime, or any other crime involving violence, and that you are not required to register as a sex offender with any federal, state, or local sex offender registry; and
- You are solely responsible for the activity on your account.
3.2 Community Rules
We built FYPM as a community for users to support and uplift each other. To promote a positive experience for all users, FYPM users must adhere to our community rules while using our website and Service. As a FYPM user, you agree to:
- Provide accurate information and keep your account up-to-date;
- Use your real name on your FYPM account;
- Represent yourself honestly and accurately; and
- Be respectful when using our services and interacting with other FYPM users.
You agree not to:
- Misrepresent your identity or impersonate another person;
- Act in an unlawful or disrespectful manner;
- Engage in any behavior that is abusive, harassing, indecent, profane, obscene, hateful or otherwise objectionable, including sexual misconduct;
- Spam or solicit money from other users, including without limitation operating a pyramid scheme, fraud, or other similar practice;
- Share your account with other users, use the account of another user, or maintain more than one account;
- Use the Service for any other harmful or nefarious purpose, including without limitation, any illegal purpose or any purpose prohibited by this agreement; and
- Violate or infringe the rights of third parties, including privacy, publicity and intellectual and proprietary rights, such as copyright or trademark rights.
By registering for a FYPM account, you agree to be contacted by FYPM via email and/or SMS message. You understand that your mobile carrier may charge a fee for SMS messages you receive through the Service and that you are solely responsible for paying these fees. You can opt out of receiving these messages at any time by replying “STOP”.
3.4 Social Sign Up and Sign In
You may be able to register an account and subsequently access FYPM through a social media site, such as Facebook or Instagram, or otherwise link your FYPM to your social media account (“Social Account”) . If you access FYPM through a Social Account you agree that we may access, make available through FYPM, and store (if applicable) any information, data, text, messages, tags, and/or other materials that you have provided to and stored and made accessible in your Social Account. Subject to the privacy settings that you have set with the Social Account you use to access FYPM, personally identifiable information that you post to that Social Account may be displayed to FYPM. Please note: your relationship with your Social Account is governed solely by your agreement with those sites and we disclaim any liability for personally identifiable information that may be provided to us by a linked Social Account in violation of the privacy settings that you have set with that Social Networking Site account.
4. Content and Copyright
There are three types of Content that you will be able to access on the FYPM site and service:
- content that you provide;
- content that third parties, such as other users, provide;
- content that FYPM provides;
4.1 Your Content
By creating an account, you grant to FYPM a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from third-party sources, as well as any information you post, upload, display or otherwise make available on the Service or transmit to other members, including, without limitation, company and/or brand reviews, compensation information, comments, opinions, postings, messages, text, and photos (collectively, “Your Content”).
When posting reviews and other Content you may not include any personal contact or banking information. By posting Your Content, you agree to be honest and accurate and you agree not to post Content that is defamatory, libelous, or fraudulent; that you know to be false or misleading; or that does not reflect your honest opinion and experience;
While FYPM reserves the right to review and remove Content that violates this agreement, you are responsible and liable for Your Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content. By sharing Your Content, you represent and warrant that Your Content does not infringe upon any third party's rights (including, without limitation, intellectual property rights and privacy rights).
Because your anonymity on FYPM is important, we will never link your email address, social media accounts, or other online Profiles to your FYPM reviews without your consent. However, we may ask you to provide, and we may subsequently collect if you agree to provide, certain categories of sensitive personal information (e.g., race/ethnicity, sexual orientation). You may also have the opportunity to associate this sensitive personal information (and some nonsensitive personal information) with your Reviews. The intended use for this data will be disclosed in detail at the time of collection; please be aware that you do not have to share your personal information beyond the level you feel comfortable.
You may not include any personal contact or banking information in Your Content. If you do choose to reveal any personal information about yourself to other users, whether via email, text message or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.
We have the right to remove, edit, limit or block access to any of Your Content at any time, and we have no obligation to review Your Content.
4.2 Your Feedback
If you submit any ideas, suggestions or testimonials (“Feedback”) to FYPM, you hereby transfer to us all rights in such Feedback without charge. You also agree that FYPM shall have the right to use and fully exploit such Feedback in any manner that we consider appropriate, including posting on the Internet. The Feedback you provide to us will not be treated as confidential information – accordingly, you agree not to submit to us any information or ideas that you consider to be confidential or proprietary. You agree only to submit ideas and material if you have obtained appropriate copyright and other permission to submit such materials and to permit FYPM to use such material without restriction.
4.3 Other Users' Content
Content from other users and other third parties is made available to you through FYPM, including without limitation collab reviews, compensation data, opinions, text, photos, and other data posted or uploaded to the service by other users (collectively, “User Content”). User Content is the sole responsibility of the user who shares it, and FYPM cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it by contacting firstname.lastname@example.org
You do not have any rights in relation to User Content, and you may only use other FYPM User Content to the extent that your use of it matches FYPMs purpose of supporting and uplifting influencers and freelancers. You may not use other users' information for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users' information.
4.4 Our Content
Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on FYPM (collectively, “Our Content”) are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times.
FYPM grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service and Our Content. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by FYPM and permitted by this Agreement. Therefore, you agree not to:
- use the Service, Our Content, or any User Content contained in the Service for any commercial purposes without our written consent;
- use our name in metatags, keywords and/or hidden text;
- copy, modify, or create derivative works from Our Content or commercially exploit Our Content, in whole or in part, in any way;
- use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service;
- upload viruses or other malicious code or otherwise compromise the security of the Service;
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so;
- "frame" or "mirror" or otherwise incorporate part of FYPM into any website, or "deep-link" to any portion of FYPM without our express written permission; and
- use Our Content or Service in a way that violates any law or regulation,
4.5 Aggregate Insights
We may conduct analysis of User Content, including Your Content. We may share such analysis, including posting summary statistics and other insights, and we may provide tools for users to explore aggregate data and analysis (collectively, “Insight Features”). Insight Features may include estimates for compensation for certain job types, and other similar estimates and projections.The purpose of these Insight Features is to provide data to promote transparency and help people better know their worth and thereby make informed decisions. We do not guarantee the accuracy of results and you are responsible for how you use them. We encourage you to supplement FYPM’s compensation estimates with other research.
5. Account Termination
5.1 Account Deletion By You
You may delete your account at any time by contacting us at email@example.com
5.1 Account Termination By Us
We may suspend or terminate your account and your use of FYPM services at any time, with or without cause, with or without notice, and without any liability to you.
We will likely terminate your account if you fail to comply with these Terms, there is evidence of illegal, disrespectful, or harmful activity in your use of this Service, or we believe use of your Account poses a risk to FYPM, you, or other Users. Upon such termination, you will not be entitled to any refund for purchases.
If we terminate this Agreement and/or your access to the Services as a result of your violation of any applicable law or regulation, we may also, at our sole discretion, inform law enforcement or regulatory authorities of the circumstances surrounding such termination.
6. Modifications to the Service and Terms
FYPM is always trying to improve the Service and bring you additional features that you will find engaging and useful. This means that we may add new products or features, remove products or features, or make other changes to the Service and we may do so without notifying you. We may even suspend the service entirely. If we suspend the service, we will notify you unless extenuating circumstances prevent us from doing so.
As FYPM evolves, we need to make changes to these Terms from time to time, so we reserve the right to modify, amend, or change these Terms at any time. If we make a change to these Terms, we will update the Effective Date at the top of these terms, and the changes will go into effect on the Effective Date. In some cases, we may notify you of changes to the Terms via email. The most recent version of these Terms will always be available on our website and you should check this page regularly for notice of any changes.
Your continued use of FYPM following any change to the Terms constitutes your acceptance of the change and your agreement to be legally bound by the updated Terms. If the modified terms are not acceptable to you, you should stop using FYPM immediately and delete your FYPM account.
We may transfer our rights and obligations under these Terms to another organisation – for example, this could include someone who buys our business. We will always tell you in writing if this happens.
FYPM PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.
FYPM DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, (C), THAT YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (D) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE. YOUR USE OF THE SERVICE OR SITE IS AT YOUR OWN RISK.
FYPM TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
FYPM DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER MEMBER, ON OR OFF THE SERVICE. FYPM DOES NOT CONDUCT BACKGROUND CHECKS ON ITS USERS OR OTHERWISE VERIFY THE ACCURACY OF THE INFORMATION USERS PROVIDE TO THE SERVICE.
8. Limitation of Liability
NEITHER FYPM NOR ANY OWNER WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APP, SITE, OUR CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.
THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SERVICE OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE SERVICE AND SITE.
YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SERVICE OR SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE SERVICE AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
All the actions you take and information you provide in your use of the Service remain your responsibility. Therefore, to the maximum extent permitted by applicable law, you agree to release, defend (at FYPM’s option), indemnify, and hold FYPM and its affiliates and subsidiaries and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, incurred by us arising out of or in any way connected with:
- Any negligent acts, omissions, or wilful misconduct by you;
- Your use of the Service or any information you provide while using the Service;
- Your breach of these Terms; and
- Your violation of any laws, regulations, or third party rights
We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defence of any relevant claim.
In the event that any provision of this Agreement or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then such provision or portion thereof shall be modified or deleted in such manner as to render this Agreement as modified legal and enforceable to the maximum extent permitted under applicable laws.