These General Terms of Service (this "Terms"), between Spike Influencers and You contains the terms and conditions that govern Your access to and use of the Spike Influencers Platform and/or Your use of Spike Influencers Services (as defined below).
You acknowledge and agree that these Terms shall become effective when: (a) You click on the "I accept" button or select it on first accessing the Platform or any other arrangement made for the purpose of documenting your acceptance; and/or (b) any other access or use of the Website by You whether when logging in on the Platform or browsing it as a visitor
These Terms affect your legal rights and obligations. If You do not agree to be bound by all of these Terms or do not have the legal capacity or authority to access the Platform, You must not access or use the Platform in any way.
The following terms shall have their assigned meanings when referenced throughout the Terms; and all references to the singular shall include the plural and vice versa:
||Means the definition set out in these Terms.
||Means the definition set out in these Terms.
||Means any natural or legal person registered on the Platform in accordance to an arrangement with Spike Influencers for the purposes of advertising their Kingdom registered trademark, services, products and/or events through influencer posted content.
||Means the definition set out in these Terms.
||Means any natural or legal person registered on the Platform for the purpose of providing content creation and/or advertisement services on their social media accounts, whether such accounts are managed by them or through a third party.
|Influencers Terms of Service
||Means these terms and conditions which govern the access to and use of the Influencer of Spike Influencers Platform.
||Means the Spike Influencers system available on the Website and all or part of the Services available on such system.
||Means all services provided by Spike Influencers on the Website and Platform whether they are provided by Spike Influencers itself or by Influencers, whether paid or not.
|Spike Influencers, We, Us, Our
||Means the Smart Top Advertisement Company, a Saudi limited liability company, registered under commercial registration no. (1010660224).
||Means the definition set out in these Terms.
||Means these General Service Terms.
||Means the Kingdom of Saudi Arabia.
|User, You, Your, Yours
||Means any persons accessing or using the Website (including but not limited to Brands and Influencers), Platform and/or Services, whether they are an adult or a minor (as per the Influencer Terms and General Service Terms) with the company of their legal guardian.
||Means the Website which is accessible through the following addresses www.spikeinfluencers.com and all related web pages and applications, except those owned by third parties, through which the User can browse the Platform and/or obtain the Services or part thereof.
SCOPE OF OUR SERVICE
Spike Influencers provides a Platform through which Brands can contract Influencers to advertise their services, products or events by way of posting a required content (the "Content") on the Influencer's social media profiles which may be operated by a third party whose appointed by the Influencer. The Brands are responsible for selecting the appropriate Influencer, arranging the details of the advertising campaign, managing it and managing its results. Brands can also contract with Spike Influencers by choosing the Services provided by Spike Influencers on the Platform through which Spike Influencers manages the Services provided from setting the objectives of the advertising campaign to coordinating its details to help the Brands achieve their goals in reality.
Spike Influencers reserves the right to change these Terms/Services from time to time at our sole discretion without prior notice. Spike Influencers reserves the right to modify, suspend, or terminate the Service, or your access to the Service, for any reason, without notice, at any time, and without liability to you.
Spike Influencers requires for the account creation on the Platform and subscription to the Services that the Influencer and/or the User must be 18 years of age or older, and that those under 18 ("Minor") may use the Platform and/or the Services only after obtaining the permission of a parent or the guardian who must accompany the minor when requesting and obtaining the Services and it is important to note that Spike Influencers must be notified in writing if the Influencer is a Minor, and Spike Influencers shall have no liability whatsoever if any Influencer or Users do not comply with these Terms.
You are exclusively liable and responsible (1) for Your actions and (2) for any information You express in written, graphic, or other tangible, perceptible form, including without limitation information, data, files, text, or any other information, applications, links, images, graphics, drawings, music, sounds, audio clips, video images, video clips, photos, data, text, usernames, profiles, and also (3) for any other content You create, send, upload, submit, post or display to Your User Profile, on or via the Website, or send, upload, submit, post or display in relation to the use of the Service (collectively "Content").
The information that We disclose is based on the information You provided to Us. As such, You are given access to the Website through which You are fully responsible for updating all relevant data, availability and other information which is displayed on our Website. Although We will use reasonable skill and care in performing Our services, We will not verify if, and cannot guarantee that, all information is accurate, complete or correct.
There may be links from the Platform to third-party websites or features. Third-party content may also be included in the Service. This third-party related content and these third-party websites and features etc. are not controlled, maintained or endorsed by Spike Influencers. You expressly acknowledge and agree that Spike Influencers is in no way responsible or liable for any such third-party services, features, or content.
Since all Content created in the framework of the Service is sponsored and paid content, all Influencers shall indicate this in their Posts by using the hashtag #paidpartnership or #advertisement, or by disclosing the paid nature of the Content to it's followers in a manner which is understood by the viewers and which complies with any regulations or applicable laws. All damages and costs arising out of or in connection with the failure by any Influencer to meet this criterion shall be borne solely by the given Influencer without any liability on Spike Influencers.
Spike Influencers cannot be held responsible for any errors, any interruptions (whether due to any temporary and/or partial breakdown, repair, upgrade or maintenance of the Website or otherwise).
You represent and warrant that You own the Content posted by You in relation to using the Service, or otherwise have the right to grant the rights and licenses set forth in these Terms.
You are solely responsible for Your interaction with other Users. You agree that Spike Influencers is not responsible for the conduct and behaviour of other Users. Spike Influencers reserves the right but has no obligation to take part in disputes between the Users of the Service.
You are responsible for any activity that occurs through Your Account and you are responsible for keeping Your password secret and secure.
You are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any Content or information, software, products or services available on Website for any commercial or competitive activity or purpose.
You shall not post Content that is violent or incites violence or contains graphic or gratuitous violence, nude, partially nude, discriminatory, unlawful, infringing, hateful, threatening, obscene, pornographic or sexually suggestive photos or other content that infringes or violates someone else's rights or otherwise violates the law via the Website.
You will not insult, offend, abuse, harass, impersonate, intimidate, defame, bully, threaten or terrorize people or entities via the Website.
You will not use Spike Influencers for any unlawful, illegal, criminal, illegitimate or unauthorized purpose. You hereby undertake to comply with any and all legal regulations and laws applicable in the Kingdom to Your use of Spike Influencers.
You will not amend, change, modify, or adapt Spike Influencers, or amend, change or modify another website so as to imply that it is identical with, or similar to, Spike Influencers, or that it is in any ways associated with Spike Influencers.
You will not interfere or disrupt Spike Influencers or servers or networks connected to Spike Influencers, including by transmitting or uploading any worms, viruses, spyware, malware, malicious code or any other code of a destructive or disruptive nature. You will not inject content or code or otherwise alter or interfere with the way in which any Spike Influencers page is rendered or displayed in a browser or on a device.
Spike Influencers does not allow the promotion of products or services that cause damage, harm, or injury to other people or their property, including but not limited to the following:
- Guns and parts
- Dangerous knives and other weapons
- Recreational drugs & drug-related equipment
- Tobacco products and related equipment
- Illegal prescription medication
- Products or services ("item" or "items") related to copyright and trademark infringement
For Users to be able to use the Service, the Spike Influencers Account registration process must be completed, and an Account shall be established ("Account") as described below.
Before You register as a Brand, in order to visit the sites/pages on the Website You will be required to sign in by logging into Our registration procedure by creating a username and a password ("Account Credentials") with Your valid email address.
For the Brands, there are specific subscription packages on the Website whereby the service can only be used by selecting a subscription package.
In order to fully access all features of the Platform, and to complete Your registration as either a Brand, You must create a user account ("User Account").
You represent that You are entitled to disclose Your Third-Party Account login information to Spike Influencers and/or to grant Spike Influencers access to Your Third-Party Account (including, but not limited to, for the purposes described herein), without causing a breach by You of any of the terms and conditions that govern Your use of the applicable Third-Party Account, and without obligating Spike Influencers to pay any fees or making Spike Influencers subject to any usage limitations imposed by such third-party service providers. By granting Spike Influencers access to any Third-Party Accounts, You understand that Spike Influencers will access, make available and store (if applicable) specific content to the extent that You have elected it to be transferred from Your Third-Party Account ("SNS Content"), and Spike Influencers can post, upload, publish, submit, transmit, or otherwise include what is available on and through Your Spike Influencers User Profile page. Unless otherwise specified in these Terms, all SNS content, if any, will be considered to be User content for all the purposes of these Terms.
Spike Influencers does not review any social media content for any purpose, including but not limited to the validity, accuracy or legality of the data, and Spike Influencers is not responsible for any social media content.
A Spike Influencers Account for You and a Spike Influencers User profile page for Your use of the Website will be created based on the personal information You provide to Us or that We obtain through social networks as described above. You may have more than (1) active Spike Influencers Account only if You choose to register as a Brand and as an Influencer. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR USE OF THE WEBSITE AND ALL CONTENT AND CONTENT GENERATED THROUGH YOUR ACCOUNT. You must always ensure the security of Your Account Credentials and notify Spike Influencers immediately if the Account Credentials to Your Account is lost, stolen, or otherwise hacked.
Spike Influencers can suspend the Influencer's Account and/or change Your username, Influencer’s profile pictures or other data in their profile at their discretion, if deemed necessary, false, abusive or impersonating another party if the username or profile picture is
The profile or data is subject to a registered trademark of any third party.
Spike Influencers may at their sole discretion verify Brands Accounts by granting them a "Verified Account" status which appears on their profile. Users who are under a global legal relationship (i.e. part of an existing network or management agency) will be verified, verification may grant certain features that are available only to verified users.
Certain Users may have special tools and features which may include, but are not limited to, access to larger analytics, ability to run cross-platform campaigns, ability to hide ratings, ability to export profile reports, ability to access privileges (including products or free or discounted services) in which certain Users may be co-opted by Spike Influencers which are also known as "Spike Influencers Advantages".
By accepting these Terms, You agree to be bound by the YouTube Terms of Service available at https://www.youtube.com/t/terms
SERVICES AND ITS CONDITIONS
When an Influencer accepts a booking request from a Brand through a Spike Influencers ("Campaign"), the Influencer and the Brand enter into a direct (legally binding) contractual relationship between each other and the Spike Influencers to be the exclusive intermediary between the Brand and the Influencer who will accept the Campaign. We act only as an intermediary between the Influencer and the Brand and Spike Influencers also collects the payments from the Brand and then make the transfer to the Influencers.
The Brands may use the Spike Influencer Services only with a monthly subscription (the "Subscription"). For each Brand, a specific monthly fee must be paid to use the Spike Influencer Service.
For use of the Platform, Spike Influencer charges a service fee for each trademark owned by the Brand ("Service Fee"), which is charged excluding VAT. Spike Influencer charges a Service Fee to the Brand which includes the Influencer Fee plus 20% of the Influencer Fee to which Spike Influencer is owed for the Services. Influencer fees are transferred by Spike Influencer to the Influencer as described in these Terms. The Service Fee becomes due upon selection of the first additional service. If you subscribe to campaign management services directly by Spike Influencer, the service fee will be reduced to 10% of the influencer fee.
In countries with exclusive partners (you can see the list here), only the "X-Ray" and public campaign management functions are available.
In the event that the Influencer Fee is paid in the form of Coupons or other Products by the Brand ("Product Service Fee Payment") of $10 per Coupon/Product. If you subscribe to the Service Fee Payment Service with the Products, there is no additional Service Charge for this Service. Spike Influencer informs the User and the Brands that there are special services that can be used in each subscription package. The Brands can add various features (additional services) to their subscriptions.
Each Influencer bids its fees, and other services provided by Spike Influencer are handled in person or on the Platform.
The calculation of Service Fees begins on the day the Brands subscribes to the first paid service. If the Brands subscribes to an additional Service during the Subscription period, Spike Influencer will revise the fee for that for the remainder of the Subscription period and Spike Influencer will be entitled to charge it. Your subscription will automatically renew at the end of the Subscription period unless You suspend or close it within the grace period specified (3) days ("grace period") before the end of the current subscription period. The suspension or closure takes effect on the day following the last day of the current subscription period. If You suspend Your account, You can reactivate it later, Spike Influencer will ask You if you wish to maintain Your Subscription with the Services that were active on Your account, or if You wish to select any of the other services instead. Spike Influencer charges You for the Services accordingly. If You close Your account, You will not be able to use the Spike Influencer Service.
You acknowledge that, if the grace period for suspension or closure of Your Subscription has expired and Your Subscription is automatically renewed, Spike Influencer will not refund the Subscription fee. If You do not wish to continue the subscription or pay monthly fees, You must suspend or close Your account during the grace period.
Please be aware that if You close Your account, all Your data will be deleted and Spike Influencer will not recover it.
Reservations and its services can only be used after payment of the service fee. You can pay the service fee on a monthly basis with a credit card or by bank transfer as a form of credit.
The X-Ray service is served to produce to search for accounts on social network that are publicly available. It enables You to evaluate the followings:
- the quality of user's subscribers (credibility %, number of real people/influencer/mass follower/suspicious account)
- the number of the user's subscribers
- demographic data of the followers (age, gender, country, language, category, affinity, brand affinity)
- avatar picture of the social network
- name of the social network
- engagement rate of the likes, comments, video views
- branded content engagement
- branded content frequency
- top 5 indicated brand
- mostly used hashtag and tag
You can use the X-Ray service on the following social networks:
When you use the X-Ray function, you get a report ("Report") with the above data of the user's social media profile. The Report shall be available in the Platform for 30 days. You can export the reports and the data to xls or pdf.
The X-Ray service is available to all of the Users.
You can make registration to the Platform only to use the X-Ray service, in that case You will only have a limited account in which You can only use the X-Ray service of the Platform. In this case, there is no monthly fee for registration and account maintenance.
X-Ray service fee:
The User acknowledges that X-Ray service can only be used by paying a fee in advance, as per the following:
- 1 report – 150 SAR
- 10 report – 650 SAR
- 50 report – 2500 SAR
The User also acknowledges that in case of repeated search the fee should be paid again.
Spike Influencers informs the User and the Brand that the Pricing Quote shall include the detailed conditions of the X-Ray function.
All Users shall honour the business and work for other Spike Influencers’ Users. In circumstances upon which Influencers and Brands are first introduced to each other by Spike Influencers, Influencers may not attempt to contact any Brand directly, or vice versa, in order to engage in any activity that might affect Spike Influencers business negatively, while Influencers and Brands shall not attempt to negotiate terms directly with each other, for a period of at least 180 (one hundred and eighty) days following their initial contact.
Failure of any User to meet the above criteria will result that both Influencers and Brands shall be liable to pay a fine and/or temporary or permanent suspension or termination of access to the Service.
The amount of the penalty for Users for breach of the non-circumvention provisions shall be equal to the amount of 50% of the campaign budget of the Brand concerned with the default. The Brand and the Influencer in breach shall be jointly and severally liable for such breach. Spike Influencers is entitled to set off its claim for a penalty against any outstanding and/or future claim of the Users.
Our Services are made available for commercial use only, and against commission for Brands and Talent Managers, and free of commission for Influencers, except for the transaction fees charged by Spike Influencers for certain payment processing costs as defined below.
Financial Terms for Brands
The Influencers, not Spike Influencers, are solely responsible for honoring any confirmed bookings and delivering the booked Content in the required manner, time and place as Brands instruct them during the bookings. If you, as a Brand, choose to enter into a transaction by making a booking with an Influencer for specified Content, you agree and understand that you will enter into an agreement with the Influencer and you agree to accept the current Terms associated with such bookings. You acknowledge and agree that the Influencer, and not Spike Influencers, will be responsible for performing the obligations of any such booking, and that Spike Influencers is not a party to such booking, and that, with the exception of its payment obligations hereunder, Spike Influencers disclaims all liability arising from or related to the performance of any Content and its associated arrangements. You acknowledge and agree that, notwithstanding the fact that Spike Influencers is not a party to the agreement between you and the Influencer, Spike Influencers acts as the Influencer's payment collection agent for the limited purpose of accepting payments from the Brand on behalf of the Influencer. Upon the Brand's payment of the Influencer Fee through Spike Influencers, the Brand's payment obligation to the Influencer for the Content Fees is extinguished, and Spike Influencers is responsible for remitting the Influencer Fees, in the manner described in these Terms. In the event that Spike Influencers does not remit any such amounts as described in these Terms, such Influencers will have recourse only against Spike Influencers.
The payable Influencer Fees and payment methods (fixed or success fee) will be displayed to the Brand before the Brand sends a booking request to an Influencer. The Influencer is required to either confirm or reject the booking request.
You as a Brand agree to pay for the Influencer Fee (subject to the below Cancelation and Refund Policy) for any booking requested in connection with Content required by the selected Influencer, if such requested booking is confirmed and delivered by the applicable Influencer. In order to establish a booking pending the applicable Influencer's confirmation of your requested booking, you understand and agree that Spike Influencers, on behalf of the Influencer, reserves the right, in its sole discretion, to obtain a pre-authorization, via your payment card, for the Influencer Fee. Brands shall provide the details of their payment card or other payment details. Spike Influencers will verify: (i) the validity of the payment card and (ii) the availability of funds on the payment card related to the particular Influencer Fee to be confirmed electronically by the bank issuing the Brand's credit or bank card by blocking a nominal value (1 US dollar or a similar sum in the currency in which you are transacting) and if the card issuer approves the transaction, the available line of credit or outstanding balance on a debit account will be reduced by this amount (this pre-authorization is then immediately lifted after successful validation).
Once You, as a Brand, confirm booked Content as completed and delivered according to your instructions, You and the applicable Influencer will receive a confirmation email sent by Us summarizing the confirmed Content and notifying the respective Users about the pay-out of the collected Influencer Fee.
Spike Influencers will apply a Security Deposit for processing bookings.
In the case of a Success Fee, the actual amount of the Security Deposit is defined as the simple multiple of (i) the unit price set by the Influencer for the relevant type of Performance Indicator and accepted by the Brand, and (ii) the average number per piece of Content of that Performance Indicator historically achieved by the Influencer on his or her respective social media profile(s). The amount of the Security Deposit will be blocked at the time the applicable Influencer confirms the booking and such pre-authorization will be released 24 hours after the time when the booked Content was placed, while simultaneously Spike Influencers will, in its capacity as the payment collection agent of the Influencer, charge the Brand for the amount of the payable Success Fee administering the Influencer fee due to the Influencer.
For the fixed rate Influencer Fee, the Security Deposit will be calculated as 100% of the actual Influencer Fee set by the Influencer. Similar to the Success Fee option defined above, the amount of the Security Deposit will be blocked at the time when the applicable Influencer confirms the booking. Such pre-authorization will be released as soon as the Brand confirms the performance of the booked Content while, simultaneously, Spike Influencers will, in its capacity as the payment collection agent of the Influencer, charge the Brand for the amount of the payable Influencer Fee administering the Influencer Fee due to the Influencer.
In respect of any paid Services You are required to top up Your balance with the required amount which is equivalent with the consideration of the used Services. In case your balance is not enough for the consideration of the used services Spike Influencers is entitled to debit the remaining amount from the given debit card of the User. By using the services of Spike Influencers you are expressly give your consent to that.
By using the services of Spike Influencers, the Influencers must accept the present Terms, however in case there are additional conditions for the Brand the Influencers shall be obliged to accept those too before accepting a Campaign. These additional conditions shall form a part of the contract concluded between the Brand and the Influencer.
Spike Influencers furthermore informs the Influencer that, in case these additional conditions are not accepted by the Influencer directly, but the Influencer fulfills the booking and makes the required Content, the Parties shall consider these additional conditions accepted and, in the event that these additional conditions are breached by the Influencer, the Influencer shall be responsible for said breach.
All the Influencers and Brands can choose their own currency for Fees settlement during the registration procedure, Sike Influencer reserves the right to change such at any time without prior notice.
In the event that the Influencer - residing outside the Kingdom - wishes to specify and receive the Influencer's Fees in a currency different from the Saudi Riyal, the Influencer acknowledges that Spike Influencer will transfer the value of the Influencer's Fees in Saudi Riyals - according to the transfer price prevailing at the time of actual collection - before deducting it from the Brand. This also applies to the Spike Influencer commission.
In the event that the amount of the influencer Fee or part of it - for any reason - is returned to the Brand, the amount will be returned in Saudi riyals after applying the same exchange rate that was applied when the amount was deducted from the Brand previously.
Note that the Influencer acknowledges that it agrees to bear any costs or loss in the Influencer's Fees resulting from the exchange rate or any third party processing of such currencies.
CANCELATION OF BOOKING AND REFUND POLICY
If, as a Brand, You wish to cancel a confirmed booking made via the Website - due to a cause other than an Event of Default as defined below - You hereby agree that You shall pay all fees and costs that are due in accordance with these Terms.
Subject to the above paragraph, if, as a Brand, you wish to cancel a confirmed booking before the Content is completed by the Influencer, you shall immediately report your intention to Us in accordance with the current Terms. Spike Influencers will use its commercially reasonable efforts to address the Brand's cancelation request by notifying the Influencer without delay. The Influencer, upon receiving the notification on cancelation, shall use its best endeavours not to complete the Content concerned by the cancelation. Spike Influencers will not be responsible for any damages related to the Influencer's non-compliance with such a request, and disclaims any and all liability in this regard. Influencers will not be liable for making a piece of Content after a confirmed booking, as long as they comply with the Brand's booking instructions and these Terms.
Non-compliance by the Influencer
The Brand shall not pay any fee and the Influencer does not become entitled to any consideration if the relevant Content is not delivered, or it is delivered but not according to these Terms and any specific instructions given by the Brand, and the Brand explicitly refuses to accept the Content.
Such Content is deemed as not being in compliance with the relevant Spike Influencers policy and as such does not need to be honoured by the Brand, thus consequently the related pending payment of the Influencer Fee shall not be payable to the Influencer if the following conditions are not met ("Events of Default"):
- The booked Content is delivered on time as set by the Brand during the booking and as indicated in the Brands' profile page related to that booking;
- the Content is made on the required social media platform(s) as set by the Brand during the booking and as indicated in the Brands' profile page related to that booking;
- Content is made in the form as required by the Brand during the booking and as indicated in the Brands' profile page related to that booking. In this regard, pieces of Content are to be made using (1) only text; (2) only video; (3) only picture/photo; or (4) a combination of text and video, or (5) a combination of text and picture/photo;
- If the relevant mandatory field is filled in by the Brand during the booking set-up process for a specific piece of text that is required by the Brand to be included in the Content, then such text shall be displayed in the Content by the Influencer quoted word-for-word.
In case any Event of Default occurs, Spike Influencers excludes any and all liability towards the Brand affected by such Event of Default, such liability shall be the responsibility of the Influencer.
The provision of incorrect bank, debit or credit card details or invalid credit/debit cards is at Your own risk and account and You shall not be entitled to any compensation for any delay or error in payment processing due to incorrect, insufficient or invalid bank, debit or credit card details.
TERMINATION AND ACCOUNT CANCELLATION, SUSPENSION
Violation of these Terms may, in Spike Influencer's discretion, result in the termination of Your Account. You understand and agree that Spike Influencer cannot and will not be responsible for the Content posted on or through the Website and that You use Spike Influencer at your own risk and volition. If we become aware and/or believe that You are in violation of these Terms, or create a risk or potential legal exposure to Spike Influencer or any third party, We may remove any Content You post, upload or provide, and We reserve the right to stop providing all or part of the Services to You.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel Your Spike Influencers Account and/or terminate Your access to the Service or the Website temporarily or permanently. If We exercise Our discretion under these Terms, or You cancel Your Account at Your sole discretion as defined below, any or all of the following can occur with or without prior notice or explanation to you: (1) Your Account will be deactivated or suspended, Your password will be disabled, and You will not be able to access the Website, Your Account, Your Profile Credentials and Content, or receive assistance from Spike Influencers customer service; (2) any pending and confirmed bookings will be immediately terminated and you will not be able to make or accept future bookings; (3) We may communicate to the applicable Brand and Influencer that a confirmed booking has been cancelled; and (4) We may proceed with potential refunds in accordance with Our Cancelation and Refund Policies.
You may cancel or suspend Your Spike Influencers’ Account at any time via the "Close Account" and the "Suspend Account" feature of the Website.
If You close Your Account with the "Close Account" feature, please note that Your Account will be deleted and no longer will be available.
If You only suspend Your Account with the "Suspend Account" feature, Your Account will not be deleted, it will only be suspended and when You consider to continue using Your Account, Your Account will be available again, as well as if You have subscription, Spike Influencers will charge Your credit card with the subscription fee again with the date of continuing without further notice.
Please note that if Your Account is closed, we do not have an obligation to delete or return to You any Content You have posted to the Website including, including but not limited to any reviews and ratings.
RATING, REVIEWS AND REFERENCE
The default setting of a rating related to a User on Our Website is designated by star(s) "*" (the "Rating"). Please note that Users can give a Rating to each other on a scale. The Rating scale includes a minimum of one and maximum of five stars, where the higher the number of stars, the higher the rating. Additionally, Users will have the option to provide detailed reviews ("Review") about each other, with a strong emphasis on (1) the Brands' reviews related to Influencers' earlier completion of bookings and (2) Influencers' reviews about Brands initiating those bookings.
The Users' review shall be (a) uploaded onto the relevant User Profile page on Our Website for the sole purpose of orienting and informing (future) Users of the opinion about the perceived quality of an Influencer's or Brand's performance in relation to particular bookings, and (b) (wholly or partly) used and placed by Spike Influencers at its sole discretion (e.g. for marketing, promotion or improvement of our service) on Our Website or such social media platforms, newsletters, special promotions, apps or other channels owned, hosted, used or controlled by Spike Influencers. We reserve the right to adjust, refuse or remove reviews at Our sole discretion. The review form should be regarded as a survey and does not include any (further commercial or non-) offers, invitations or incentives whatsoever.
Influencers will have the option to refer to the earlier completion of Content in their respective User Profile for the purpose of reference ("Reference"), except in the case when the Influencer confirms a booking initiated by a Brand specifically indicated as a secret booking ("Secret Campaign"). When, as a Brand you initiate a Secret Campaign, Your User identification will not be revealed in the Reviews. Additionally, as an Influencer You hereby agree that You will not be able to refer to such Brand as a Reference after the completion of the relevant Content. Ratings will be available in line with the current Terms.
INTELLECTUAL PROPERTY RIGHTS
Spike Influencer is granted the exclusive license to all rights, title and interest in and to all intellectual property rights (including infrastructure of look and feel and copyright) of the Service on which the Service is provided (including user ratings), the content, information and materials on the Website, the trademark Spike Influencer and software required for the Service or available on or used by the Website. To the extent that You will (in whole or in part) use or collect Our content (including user reviews), or may own any intellectual property rights in the Website or any content, you hereby assign, transfer and transfer all such intellectual property rights to Spike Influencer. Any illegal use or any of the above actions or behavior would constitute a material infringement of our intellectual property rights (including copyright and database right).
Brands and Influencers have the right to use the good reviews of Spike Influencer in their marketing activity and to refer Spike Influencer Services.
The Service is provided "as is" and "as available". To the fullest extent permitted by the law, neither Spike Influencer nor its owners, directors, employees, representatives, subsidiaries, affiliates, distributors, licensors, agents, or others involved in creating, providing sponsorship or promote or provide the Website (collectively the "Spike Influencer Related Parties") any representations, warranties or consents of any kind, whether express or implied, with respect to: (i) the Website; (ii) Services; (3) User Content; or (iv) the security associated with the transmission of information to Spike Influencer; that the Service (a) will be error-free or uninterrupted; (b) that any defects in the Service will be corrected; (c) that the Services or the server that provides the Services are free of viruses or other harmful effects. In addition, the Spike Influencer-related parties hereby disclaim all warranties, express or implied, including, without limitation, fitness for a particular purpose, non-infringement, title, system integrity and freedom from computer viruses. To the fullest extent permitted by the system, You acknowledge that Your use of the Service is at Your own risk. Spike Influencer makes no representations or warranties that Your use of the Service is lawful in any particular jurisdiction. By accessing or using the Service, You represent and warrant that Your activities are lawful in each jurisdiction in which You may access or use the Service.
The parties related to Spike Influencer do not endorse the content and specifically disclaim any responsibility or liability to any person or entity for any losses or damages. (whether actual, consequential, punitive or otherwise) injury, claim, liability or other cause of any kind or other character is based on or results from any Content. By uploading images/graphics to our system, you represent, warrant and agree that You own the copyright to the images/graphics and agree that Spike Influencer may use the images/graphics uploaded on its (mobile) Website and app, and in promotional materials and publications (via online/offline) and as Spike Influencer sees fit. By uploading these images/graphs, the person uploading the image(s) accepts full legal and moral responsibility for any and all legal claims brought by any third party (including, without limitation, property owners) due to the publication and use of Spike Influencer for these photos/graphics. Spike Influencer does not own or endorse these uploaded images/graphics. The accuracy, validity and right to use all images/graphs are assumed by the person who uploaded the image, and Spike Influencer disclaims all responsibility and liability for the images posted. If You are an Influencer, You acknowledge and agree that You are solely responsible for all content that You post. Accordingly, You represent and warrant that any content You post or upload to Your User profile (i) will not violate any agreements You have with any third party, such as third-party social networking sites (ii) will be (a) compliant with all laws applicable tax requirements, rules and regulations that may apply to the content You post, and (b) do not conflict with the rights of third parties. Please note that Spike Influencer assumes no responsibility for the Influencer's compliance with any agreements, duties towards third parties, or applicable laws, rules and regulations. Spike Influencer reserves the right, at any time and without prior notice, to remove or disable access to any User profile and to remove any content for any reason, in its sole discretion, deemed liable to infringement for any reason, in violation of these Terms or harmful to the Website.
LIMITATION OF LIABILITY
To the extent permitted by law, neither Spike Influencer nor any of the parties related to Spike Influencer shall be liable for (i) any direct, punitive, special, indirect or consequential loss or damages, or any loss of production, or loss of profit , loss of revenue, loss of contract, loss or damage to goodwill or reputation, or loss of claim that is directly or indirectly related to (a) the Service, (b) User Content (c) the Website; (ii) any inaccuracies with respect to (descriptive) information (including prices, availability, and ratings) of Users as available on the Website; (iii) the booking that has been accepted and portions of content or content created by Influencers; (iv) any damages (direct, indirect, consequential or punitive) or loss or costs that You have been, conducted or paid, under or arising out of or in connection with the use of, the inability to use, delay in operation or any failure of the Website or the Services; or any errors or omissions in the operation of the Service; (v) any (personal) injury, death, property damage, damages, losses, other costs (direct, indirect, special, consequential or punitive), losses or costs that You incur or pay, whether as a result of (legal) acts or errors, violations, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentation, tort or strict liability by or (in whole or in part) attributable to (a) the Service (b) User Content (c) or any of the Our business partners (including any of their employees, directors, officers, agents, representatives or affiliates) whose products or services are (directly or indirectly) offered, offered or promoted on or through the Website, including any (partial) cancellation, overbooking, force majeure or any other event beyond Our control; (6) any damage to the User's computer, mobile device or other equipment etc.
You hereby agree to indemnify, defend and hold Spike Influencer and all parties related to Spike Influencer from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys' fees, court costs, damages, and settlement amounts) arising from any claim or claim against Spike Influencer itself or any of the parties related to Spike Influencer arising from Your access to or use of the Service, Content or Website and any breach by You of these Terms. Spike Influencer will provide You with notice of any such claim or claim.
CUSTOMER SERVICE AND COMPLAINTS
Inquiries, requests for information or complaints should be submitted by emailing us, through the "Contact" section of the Website. To facilitate resolution of your issue, Users are encouraged to submit their complaints within 30 calendar days of the issue occurring.
In general, complaints will be dealt with as soon as practicable, so that measures can be taken to resolve the problem and to limit the harm to the User.
You must keep Spike Influencer confidential information strictly confidential and may not without the prior written consent of Spike Influencer use or disclose any Spike Influencer confidential information, directly or indirectly, to any third party except as follows with prior notice to: Spike Influencer within a reasonable period of time for Spike Influencer to take appropriate action: (a) Confidential information which is generally known to the public without any improper action and/or inaction on the part of the User; and/or (b) disclose parts of Spike Influencer confidential information that is required to be disclosed by statute and/or by final judgment of a court and/or by order of the relevant competent authorities.
APPLICABLE LAW AND DISPUTE RESOLUTION
These Terms are subject to the regulations of the Kingdom of Saudi Arabia, and in the event of a dispute between the User and Spike Influencer, it must be resolved amicably within fifteen (15) days from the date of written notice given by one of the parties to the other party in order to notify him of the existence of such dispute, and if an amicable solution cannot be reached Within the fifteen-day period specified above, the dispute shall be referred to the competent court in the city of Jeddah.
All communications and notices required under these Terms shall be in writing and will be deemed to have been duly given when, unless expressly stated otherwise in these Terms, provided by email when the sender receives a delivery/read receipt. All emails and notices sent to Spike Influencer must be sent to the following email address firstname.lastname@example.org.
You agree that Spike Influencer will send communications necessary to provide the Services to You, such as responding to a password reset request and/or customer support requests, etc. The user cannot opt out of such basic communications.
You also acknowledge that You are solely responsible for notifying Spike Influencer of any change to your address and contact information as soon as possible.
These Terms constitute the entire agreement between Spike Influencer and the User regarding their subject matter. These Terms prevail and supersede any prior agreements, representations, understandings or communications, whether oral or written, relating to the subject matter of these Terms.
If at any time Spike Influencer or a User fail to insist that the other party performs its obligations or representations in these Terms, or if Spike Influencer or a User fail to exercise any of the rights or remedies conferred upon it by these Terms, this shall not constitute a waiver of these rights or remedies and it does not relieve the other party from compliance with these obligations. Neither Spike Influencer nor the User's waiver of any default shall constitute a waiver of any subsequent default.
NATURE OF THE RELATIONSHIP
You acknowledge that the relationship between Spike Influencer and You is solely a service-providing relationship and that nothing in these Terms shall be deemed to be a relationship of partnership, agency, employment or representation.
In the event of a conflict or difference in meanings between the Arabic and English texts of these Terms, the Arabic text shall prevail over the English text.
If any provision of these Terms becomes unlawful, invalid or otherwise unenforceable under any regulations applicable to these Terms, that provision shall be deleted and this shall not affect the validity and enforceability of the remaining provisions of these Terms.
You may not transfer any right under the provisions of these Terms and/or license to use the Services or allow any person or third party to access the Platform in whole or in part without Spike Influencer's prior written consent and any attempt to do so is null and void.
Without directly conflicting with any other terms set forth in other agreements or policies between Spike Influencer and the Influencer, Spike Influencer reserves the right to modify these Terms at any time by posting a modified version on the Platform or by notifying the Users in accordance with the terms of communication under these Terms.