The Site is intended to provide information about Klear’s products and services. It also is intended for influencers to sign up as “influencers” or “creators”.
We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes.
3. Ability to Accept Terms.
The Site is only intended for individuals aged eighteen (18) years or older. If you are under 18 years please do not visit or use the Site.
4. Site Access.
For such time as these Terms are in effect, we hereby grant you permission to visit and use the Site provided that you comply with these Terms and applicable law.
You shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, "robots" and "spiders") to access the Site; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site.
In order to use some of the services of the Site, you may have to create an account ("Account"). You agree not to create an Account for anyone else or use the account of another without their permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify Klear immediately of any breach of security or unauthorized use of your Account. As between you and Klear, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account you may send an email request to Klear at email@example.com, firstname.lastname@example.org or email@example.com.
7. Payments to Klear.
Except as expressly set forth in the Terms, your general right to access and use the Site is currently for free, but Klear may in the future charge a fee for certain access or usage. You will not be charged for any such access or use of the Site unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the Site.
8. Sharing Your Data With Brands and Customers. Influencer Payments.
You understand, acknowledge and accept that if you sign up as a “creator” or “influencer”, your personal information and contact details may be shared with users of our Platform (such as brands or customers of Klear) and they may approach you with business or work opportunities. We do not mediate between you and the brands/customers and are not responsible in any manner for their practices. If they approach you, it will be at their own initiative. We do not guarantee any particular result.
Moreover: (A) We may facilitate payments to influencers/end users on behalf of brands, in which case we will use commercially reasonable efforts to facilitate the payment from the brand to the influencer/end user. (B) To the maximum extent permitted by law, such payments shall be deemed made by the brand and not by Klear. (C) You acknowledge and agree that to the maximum extent permitted by law: (a) Klear is merely the facilitator of any such payments and the obligation to pay, and/or any other obligation, requirement or consequence, in relation to such payment or the transaction with the influencers/end users, resides solely with the brand; (b) except for the payment facilitation, Klear bears no responsibility or liability of any kind in relation to any such payments, including, without limitation, in relation to tax, anti-money laundering and/or any disputes between the brand and influencer or other end users; and (c) that you shall not bring a claim or any form of legal action of any kind against Klear in relation to such payments. (D) You acknowledge that Klear uses third party payment systems PayPal and Tipalti for the payment facilitation and may, in the future, use other third party payment systems and that: (i) such third parties have terms, conditions and policies concerning the payment process which shall govern the payment process and prevail at all times , including, without limitation, PayPal’s terms available at https://www.paypal.com/us/webapps/mpp/ua/useragreement-full and Tipalti’s terms available at https://tipalti.com/legal/services-agreement-3; (ii) PayPal, Tipalti, or other third party as applicable, may discontinue or change the payment system in question which could delay or adversely affect the payment facilitation performed by Klear; and (iii) to the maximum extent permitted by law, Klear shall not bear any responsibility or liability of any kind in connection with (i) and (ii) above or for any action, omission and/or delay by, deriving from and/or related to such third parties and/or their payment systems. You shall cooperate in good faith with Klear in the event that a modification to these Terms is required under the agreement with third party payment providers or facilitators.
9. Intellectual Property Rights.
Content and Marks. The (i) content on the Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the "Materials"), (ii) and User Submissions, as defined below (together with the "Materials", the "Content"), and (iii) the trademarks, service marks and logos contained therein ("Marks"), are the property of Klear and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Klear”, the Klear logo, and other marks are Marks of Klear or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site and the Content.
- Use of Content. Content on the Site is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.
10. User Submissions.
- Responsibility. The Site may permit the submission, hosting, sharing and publishing of Content by you and other users ("User Submissions"). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the Site (including User Submissions) at any time and for any reason.
- Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize Klear to use all Intellectual Property Rights (defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. Unless the User Submissions are separately referred to, all references herein to Content shall include references to User Submissions. "Intellectual Property Rights" means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions.
- License to User Submissions. By submitting the User Submissions to Klear, you hereby grant Klear a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and Klear's business, including without limitation for publishing and redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels and, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the Site or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.
- Prohibited Content. You agree that you will not display, post, submit, publish, upload or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii) involves theft or terrorism; or (viii) is otherwise malicious or fraudulent.
- Exposure. You understand and acknowledge that when accessing and using the Site: (i) you will be exposed to User Submissions from a variety of sources, and that Klear is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Klear with respect to (i) and (ii) herein.
Spam. You agree not to, and will not, use the communications systems provided by the Site to send unauthorized commercial communications and you shall be solely responsible and liable for any such unauthorized communications.
11. Information Description.
We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
Klear permits you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with Klear or present any false information about Klear and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website ("Third Party Website") which prohibites linking to third parties; (v) such Third party Website does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.
14. Copyright Policy.
It is our policy to respect the legitimate rights of copyright and other intellectual property owners, and we will respond to clear notices of alleged copyright infringement in accordance with applicable law.
15. Warranty Disclaimers.
- This section applies whether or not the services provided under the Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
- THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. KLEAR HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. KLEAR DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT KLEAR WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY.
- KLEAR DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.
- YOU SPECIFICALLY ACKNOWLEDGE THAT KLEAR SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY SITE USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY SITE USER OR OWNER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY SITE USER OR OWNER IN CONNECTION WITH THE SITE OR ANY USER SUBMISSION, YOU AGREE THAT KLEAR IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. KLEAR RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
16. Limitation of Liability.
- TO THE FULLEST EXTENT PERMISSIBLE BY LAW, KLEAR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF KLEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KLEAR FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO KLEAR FOR USING THE SITE DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Klear and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Site; (ii) your User Submissions; (iii) your interaction with any Site user; or (iv) your violation of these Terms.
18. Term and Termination.
These Terms are effective until terminated by Klear or you. Klear, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). To the maximum extent permitted by law, Klear shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site. This Section 18 and Sections 9 (Intellectual Property Rights), 10.c (License to User Submissions), 13 (Privacy), 15 (Warranty Disclaimers), 16 (Limitation of Liability), 17 (Indemnity), and 19 (Independent Contractors) to 22(General) shall survive termination of these Terms.
19. Independent Contractors.
You and Klear are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Klear. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Klear. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Klear without restriction or notification to you. Any prohibited assignment shall be null and void.
20. Governing Law.
Klear reserves the right to discontinue or modify any aspect of the Site at any time. These Terms and the relationship between you and Klear shall be governed by and construed in accordance with the laws of the State of New York, USA, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in New York, New York and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that Klear may seek injunctive relief in any court of competent jurisdiction.
Notwithstanding anything to the contrary, (a) these Terms shall be construed, interpreted and enforced on a “to the maximum extent permitted by law” basis and (b) these Terms are not intended to limit or cancel your statutory rights unless permitted by applicable law governing such rights, in which case, the limitation or cancellation shall be construed, interpreted and enforced to the maximum extent permitted by such applicable laws. These Terms shall constitute the entire agreement between you and Klear concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
22. SOCIAL APIS
Klear uses authorized data from Instagram, YouTube, Google, Facebook, Twitter, and other platforms (“Social Platforms”). Such data is collected and stored to power Klear features. You can request your authorized data be deleted from Klear by contacting firstname.lastname@example.org. For example, Klear uses YouTube, Google, Facebook, Instagram, Twitter, and other Social Platforms’ APIs to collect authorized data. You can learn more about each respective Social Platform’s terms of service and privacy policies via the links below:
Social Platforms Terms of Service:
- Google: https://www.google.com/intl/en/policies/terms/
- YouTube: https://www.youtube.com/t/terms
- YouTube API Client: https://developers.google.com/youtube/terms/api-services-terms-of-service
- Facebook: https://www.facebook.com/legal/terms
- Instagram: https://help.instagram.com/478745558852511
Social Platforms Privacy Policies:
- Google & YouTube: http://www.google.com/policies/privacy
- Facebook: https://www.facebook.com/privacy/explanation
- Instagram: https://help.instagram.com/155833707900388
You can revoke Klear’s access to your data from YouTube, Google, Facebook, Instagram, and Twitter at any time via each respective platform’s app and security settings via the links below. Note that revoking such authorizations may limit or eliminate certain functionality in Klear’s Products.
- YouTube & Google: https://security.google.com/settings/security/permissions
- Facebook: https://www.facebook.com/settings?tab=applications
- Instagram: https://www.instagram.com/accounts/manage_access/
Since we believe that you should always understand how your data is used, if you have any questions about this, please contact us via email@example.com, firstname.lastname@example.org or email@example.com.