Welcome to In/SpreeTM, the platform that lets you shop your favorite style influencers in one place. Please read the following Terms of Service carefully.
InSpree Inc. (the “Company”, “we” or “us”) provides and operates an application (the “App”) (which can be found in the App Store®) that connects App users (“Users”) with fashion influencers (“Influencers”) and retailers (“Brands”). In/Spree lets Users browse looks and images uploaded by Influencers and seamlessly purchase the clothing and accessories (“Products”) featured in Influencer content (“Influencer Content”) from a catalogue of Brands that have a relationship with the Company. Please note that Influencers are paid commissions by Brands based on the Products sold in Influencer Content.
These Terms of Service (this “Agreement”) form a legally binding agreement that governs your use of the App. The App is owned and operated by the Company. The Company has the right at any time to change or discontinue any aspect or feature of the App, including, without limitation, the content, software and hardware needed for access or use of the App. By using the App, you represent that you understand and agree to all terms and conditions of this Agreement. If you do not agree to these Terms of Service, please stop using the App.
THE APP IS AVAILABLE ONLY TO USERS AGED 13 YEARS OF AGE OR OLDER. IF YOU ARE 13 OR OLDER, BUT UNDER THE AGE OF 18, THEN YOU AGREE TO REVIEW THIS AGREEMENT WITH A PARENT OR LEGAL GUARDIAN TO MAKE SURE YOU AND YOUR PARENT OR LEGAL GUARDIAN UNDERSTAND AND AGREE TO THIS AGREEMENT. IF YOU ARE THE PARENT OR LEGAL GUARDIAN AGREEING TO THE AGREEMENT FOR YOUR CHILD OVER 13 YEARS OF AGE, THEN YOU AGREE ON YOUR CHILD’S BEHALF AND FURTHER AGREE AND ACCEPT FULL RESPONSIBILITY FOR YOUR CHILD’S USE OF THE APP. THE COMPANY DOES NOT ENCOURAGE, SOLICIT, OR PERMIT USE OF THE APP BY USERS WHO ARE UNDER THE AGE OF 13.
As part of the signup process, Users will select a username and password and provide certain information. If you register through a social media site (such as Instagram®) the Company will extract information you have provided to such site (such as your name, email address, profile information, profile picture etc…) and use that information to create your account. The specific information the Company extracts will depend on your privacy settings on the social media site. Users hereby consent to our access to and collection of such personal information.
By registering for the App, and providing your email address, you hereby consent to receive emails and other communication from the Company.
Users are solely responsible for maintaining the confidentiality of their username and password. You may not authorize others to use your account and you may not share, assign or otherwise transfer your account or login information to any other person or entity. You are responsible for any and all activities that are conducted through your account. The Company shall be entitled to assume that a User presenting your username and password is, in fact, you. You agree to notify the Company immediately of any unauthorized use of your account. The Company shall have the right at any time to change, modify or amend your username and password.
You represent and warrant that the information you provide to the Company is accurate, true, public information, and not in violation of any contractual obligations or other third party rights. You agree that it is your responsibility to keep your information accurate and updated. You represent and warrant that you are not a competitor of the Company and are not using the App in competition with the Company.
The Company shall have the right in its sole discretion to substitute, replace, modify or upgrade the App as the Company deems advisable. The Company will only be required to support the most recent and current version of the App that is available.
You acknowledge that some of the App may be supported by advertising revenue and may display advertisements and promotions as content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
You agree that the Company is not responsible for, and does not endorse any products posted on the App. The Company does not have any obligation to prescreen, monitor, edit, or remove any content.
3. Access to the App
The Company, at its sole discretion, may allow or restrict access to the App. Users can, subject to this Agreement and all other policies of the Company, access and use the App and (but not necessarily all) of the App’s functionalities. Influencers and Brands create the content on the App. Users represent that they understand and agree that the Company has no liability whatsoever for any harm that might result from any statements presented on the App, including statements and opinions on the App, products viewed via the App, or third-party advertisements or services posted or linked through the App. You understand that any statements by the Company and their respective employees, agents, and affiliates are provided for information purposes only.
Subject to acceptance of this Agreement and continuing compliance with its terms and any other relevant Company policies, the Company grants Users a personal, non-exclusive, non-transferable, revocable limited license to install, use and display the App and related software (excluding source and object code) for your non-commercial, personal use on a mobile device or machine. Users agree not to use the App for any other purpose, including without limitation, to copy, distribute, assign, sell, sublicense, or prepare derivative works, except as specifically allowed in this Agreement.
The Company reserves the right to discontinue the App or to change the content of the App in any way and at any time, with or without notice to Users, and without liability. The Company makes no predictions, warranties, or guarantees, express or implied, about the quality of any of the products or services advertised, offered, or provided by any Brand, statements by any Influencer, or other individual, company or User utilizing the App or featured on the App and assumes no liability related thereto.
4. Restrictions on Use
You agree that systematic retrieval of data from the App to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of the Company is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the App the content contained herein. You may not engage in the practices of "screen scraping," "database scraping," or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the App, in any manner or in any quantities not authorized by the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company or its affiliates without prior express written consent. You may not use any meta tags or any other "hidden text" utilizing the Company’s name or trademarks without our express written consent.
You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in this Agreement or to interfere or attempt to interfere with the proper working of the App. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not knowingly provide false information to sabotage or otherwise negatively affect the App.
You agree not to copy, transcribe and/or publish, transmit, or otherwise share, in any way, directly or indirectly, any Company images, features, functionality, code or any other aspects of the App, in whole or in part, with any third parties or on any third-party web sites, including, without limitation, the use of screen shots.
You agree you will not reverse engineer, disassemble or decompile any Company prototypes or software, nor any other systems, information, materials or objects which are provided to you or to which you are granted access hereunder.
You agree to be bound by any application, forum, or specific rules published within the App.
5. Ownership of Intellectual Property
Unless otherwise specified, all materials that are part of the App are owned, controlled, or licensed by the Company and are protected by law from unauthorized use. The entire contents of the App are protected under copyright, patent, trademark, and/or other intellectual property laws. The Company, its logos, and all designs are trademarks or trade dress of the Company and may not be used without the express written permission of the Company. All other trademarks appearing on the App are the property of their respective owners.
You do not acquire any ownership rights by using the App or downloading material from or uploading material to the App. You agree not to (and shall not allow third parties to) reproduce, distribute, publish, prepare derivative works, publicly perform, publicly display, reverse engineers, reverse assemble or otherwise attempt to discover any source code, sell assign, sublicense, or otherwise transfer or exploit any right in the App, in whole or in part, except as expressly permitted herein.
The App may contain links to third party sites or third party applications, including advertisers. Please be aware that the Company is not responsible for any cannot control the terms of service or privacy policies of such other sites or applications. Users are encouraged to be aware when they leave the App, and to read the applicable agreements for each and every site or application. This Agreement applies solely to the App. The Company is not responsible for and makes no representations or warranties regarding links, including without limitation, the content, accuracy, opinions, functionality, or services provided in such linked sites or applications. Inclusion of any linked site or application on the App does not imply approval or endorsement by the Company.
7. Use of Content in the App
The content contained in the App, and the terms, conditions, and descriptions that appear, are subject to change. Not all products and services are available in all geographic areas.
8. Feedback and Idea Submission
All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to the Company in connection with the use of the App shall be the exclusive property of the Company. Such Ideas will be non-confidential and the Company shall have no obligation to you, contractual or otherwise. You agree that the Company may use, sell, exploit and disclose the Ideas in any manner, for any purpose whatsoever, commercial or otherwise, without restriction, without attribution and without compensation to you.
9. Digital Millennium Copyright Act
If content you own or have rights to has been posted on the Services without your permission and you want it removed, please contact [firstname.lastname@example.org]. Your email must include the following information:
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed (of if multiple copyrighted works located on the App are covered by a single notification, a representative list of such works);
- Identification of the material that is claimed to be infringing or the subject of the infringing activity and information reasonably sufficient to allow us to locate the material on the App;
- The name, address, telephone number, and email address of the complaining party;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner of the law; and
- A statement that the information in the notification is accurate and is given under penalty of perjury, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If your content infringes another person’s US copyright or trademark rights, we will remove it if we receive proper notice under the Digital Millennium Copyright Act (see 17 USC s.512(c)(3)). If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Please see http://www.copyright.gov for details.
The Company may assign its rights and obligation under this Agreement at any time. Users may not assign any rights or obligations under this Agreement without the Company’s prior written consent, which may be withheld in the Company’s sole discretion.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK. THE APP IS PROVIDED ON AN "AS IS", "WHERE IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT ALLOWED BY LAW, THE COMPANY AND ITS OFFICERS, AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS (THE "COMPANY PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, OUR EFFORTS, OR THE APP WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. THE COMPANY NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE AND USE OF THE SERVICES.
COMPANY PARTIES ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE APP OR ANY USER COMMUNICATIONS.
COMPANY PARTIES ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE APP, WHETHER CAUSED BY USERS OF THE APP OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE APP.
COMPANY PARTIES MAKE NO WARRANTY THAT YOUR USE OF THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THE INFORMATION OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP WILL BE ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APP WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY PARTIES OR THROUGH THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
12. Limitation of Liability
You acknowledge and agree that, to the fullest extent provided by law, the entire risk arising out of your access and use of the App, remains with you. Neither the Company nor any other party involved in providing the App will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, equipment damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with this Agreement, from the use or inability to use the App, and for the third-arty sites you link to through the App, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not you have been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed its essential purpose.
Except where prohibited by law, in no event will the Company’s liability arising out of or in connection with the Agreement and your use of the App, from the use of or inability to use the App, exceed the lesser of one hundred ($100) US Dollars or the monetary value of any actual damages incurred by you.
You agree to defend, indemnify and hold harmless Company Parties, together with any third parties that may contribute or be affiliated with the App, from and against any and all claims, damages, costs, attorney’s fees, expenses, and settlements, whether grounded in contract, tort, statute, law or equity, including without limitation, claims arising from or related to your use of the App, or your inability to use the App, the content the App contains, any sites or applications linked to the App, any alleged violation of the agreement, and any alleged violation of the rights of a third party.
14. Choice of Law, Venue and Claim Resolution
This Agreement is governed by the laws of the State of New York, without regard to its conflict of laws rules, and the laws of the United States of America. Any controversy or claim arising out of or relating to this Agreement or the App, or the breach thereof, shall be settled by mandatory, binding arbitration administered by the American Arbitration Association in accordance with its commercial or other arbitration rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Arbitration will be handled by a sole arbitrator in accordance with those rules. Any arbitration under this Agreement or in relation to the App will take place on an individual basis; class arbitrations and class actions are not permitted. YOU UNDERSTAND THAT BY AGREEING TO THIS AGREEMENT, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
If any provision of the Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted. The Company’s failure to require or enforce strict performance of any provision or to exercise any right under the Agreement shall not be construed as a waiver of any such provision or right. The headings appearing at the beginning of each section are for identification and reference purposes only and shall not be used to determine the construction or interpretation of the Agreement.
Any notices of communication sent to you by the Company will be sent via the email address you submit, which may be updated by you in writing at any time. It is your responsibility to ensure the Company has your current email address at all times. Any notice sent to you via such email address by the Company shall be deemed given, received, and read by you, whether or not it is actually received and/or read.
Notices or communications sent by you to the Company pursuant to this Agreement must be in writing and sent to the address below:
[38 E. Ridgewood Ave, STE 276
16. Contact Information
If you have any questions about this Agreement, please email us at [email@example.com].
17. Effective Date
This Agreement is effective as of [February 18, 2016].