Terms of Use and Privacy Statement
PROGRAM TERMS OF SERVICE
PLEASE READ CAREFULLY AS THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER WHICH LIMIT YOUR RIGHT TO HAVE A DISPUTE HEARD IN COURT.
Welcome to the The Revury, LLC ("The Revury”) influencer program (“Program”). These Program Terms and Conditions ("Terms") govern your participation in the Program. By participating in the Program, you are stating that you have read, understand, and agree to be bound by, these Terms. You agree that these Terms incorporate and include The Revury’s href. Participation in the Program will not be available to you unless you have registered by creating an account. If you do not agree to be bound by these Terms and the Privacy Policy, you may not participate in the Program.
ARTICLE I
GENERAL TERMS
SECTION 1.1 Description of Services. Under the Program, you agree to promote The Revury and/or the products available for sale on its website, href (“Site”). The Program is hosted by our vendor, Affiliately, which generates and provides you with unique links and/or codes that track sales attributed to your marketing efforts (“Tracking Codes”). The Revury agrees to pay you a 5% commission on net sales (after deducting taxes, shipping costs and any discounts applied at checkout), that are attributed to your marketing efforts and evidenced by the Tracking Codes. You are responsible for registering your account to enroll in the Program and selecting your preferred payment method. Depending on your banking institution, participation within the Program may involve third-party fees (such as deposit or transfer fees), which The Revury is explicitly not responsible for.
SECTION 1.2 License and Site Access. The trademarks, logos and service marks (“Marks”) displayed on the Site are the sole and exclusive property of The Revury. The Revury grants you a limited license to access the Site and use the Marks in connection with the promotion of The Revury and the products listed for sale on its Site within the scope of the Program. This license does not include:
(i) any downloading or copying of account information for the benefit of another vendor or any other third party;
(ii) caching, unauthorized hypertext links to the Site and the framing of any content available through the Site or Program, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party);
(iii) uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;(iv) any action that imposes or may impose (in The Revury’s sole discretion) an unreasonable or disproportionately large load on The Revury’s infrastructure;
(v) or any use of data mining, robots, or similar data gathering and extraction tools.You may not bypass any measures used by The Revury to prevent or restrict access to the Site or Progam. Any unauthorized use by you shall terminate the permission or license granted to you by The Revury.
SECTION 1.3 Membership Eligibility. You are not permitted to participate in the Program if you are under the age of 18 or if your account has been suspended or removed by The Revury for any reason. You may not have more than one active account. Additionally, you are prohibited from selling, trading, or otherwise transferring your Program account to another party. If you do not meet the foregoing eligibility requirements, you may not participate in the Program. From time to time The Revury may offer special promotional offers which may or may not apply to your Program account.
SECTION 1.4 Your Account. You represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Program’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or The Revury has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Revury has the right to suspend or terminate your account and refuse any and all current or future use of the Program (or any portion thereof). By participating in the Program, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify The Revury immediately of any unauthorized use of your account or any other breach of security. The Revury reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion for any reason or no reason.
SECTION 1.5 Submitted Content/ Postings; License. Within the Program, you and other users will post content, images, blog posts, write articles, tweets, send and share messages or create and engage in any and all other online or social media content (together, "Postings") on your accounts. The Revury is under no obligation to review any Postings and assumes no responsibility or liability relating to any such Postings. You acknowledge that you are responsible for any Postings you may submit under the Program, including the legality, reliability, appropriateness, originality and copyright of any such Postings. You may not upload to, distribute or otherwise publish through the Program any Posting that:
i. is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. or foreign laws;
ii. may contain software viruses or malware;
iii. contains personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information; or
iv. contains messages that offer unauthorized downloads of any copyrighted, confidential or private information.
With respect to any Postings you submit or make available under the Program (other than personal information, which is handled in accordance with the Privacy Policy), you grant The Revury a perpetual, irrevocable, non-terminable, worldwide, royalty-free, transferable and non-exclusive license, with the right to sublicense through multiple tiers, to use, copy, distribute, publicly display, modify, adapt, publish, use in advertising create derivative works, and sublicense such Posting or any part of such Posting, in any format or medium now known or hereafter developed. You hereby represent, warrant and covenant that any Posting you provide (i) does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to The Revury, and (ii) The Revury’s authorized use thereof, does not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights).
ARTICLE II
LIMITATIONS ON LIABILITY
SECTION 2.1 Limitation on Liability. YOU EXPRESSLY UNDERSTAND AND HEREBY AGREE THAT THE REVURY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE REVURY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.
SECTION 2.2 Indemnification.
You will indemnify and hold harmless The Revury from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by The Revury and such parties, and shall defend The Revury and such parties against any and all claims arising out of (1) your breach of these Terms; (2) any intentional misconduct, fraud or gross negligence committed by you or on your behalf; or (3) your violation of the rights of a third party or violation of any applicable U.S. or foreign law. The Revury will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of The Revury.
SECTION 2.3 Electronic Communication. When you participate in the Program or send emails to The Revury, you are communicating with The Revury electronically. You consent to receive communications electronically from The Revury and/or its affiliates or vendors authorized to send messages on its behalf. The Revury will communicate with you by email or by posting notices on the Program dashboards. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
SECTION 2.4 Links. Through the Program, links may be provided to other websites or resources. Because The Revury has no control over such sites and resources, you acknowledge and agree that The Revury is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that The Revury shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
ARTICLE III
MANDATORY ARBITRATION
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. BY ELECTING ARBITRATION, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU WAIVE THE RIGHT TO HAVE YOUR DISPUTE HEARD IN COURT AND WAIVE THE RIGHT TO BRING CLASS CLAIMS. YOU UNDERSTAND THAT DISCOVERY AND APPEAL RIGHTS ARE MORE LIMITED IN ARBITRATION.
SECTION 3.1 Mandatory Arbitration. Any dispute or claim relating in any way to your participation in the Program will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms as a court would.
SECTION 3.2 Arbitration Procedure. To begin an arbitration proceeding, you must provide proper notice by sending a letter requesting arbitration and describing your claim to us at attention: Legal Department. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at href or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Orange County, California where The Revury is headquartered or at another mutually agreed location.
SECTION 3.3 CLASS ACTION AND JURY TRIAL WAIVER. We each agree that any arbitration will be conducted only on an individual basis between You and The Revury and not in a class, consolidated or representative action or arbitration. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If part of this provision is unenforceable, the remainder remains in effect.
ARTICLE IV
MISCELLANEOUS
SECTION 4.1 Severability. If any of these terms or conditions are deemed invalid, void, or for any unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
SECTION 4.2 Headings. Headings are for reference purposes only and do not limit the scope or extent of such section.
SECTION 4.3 Survival. Notwithstanding any other provision of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms.
SECTION 4.4 Amendment; Notification of Changes. The Revury reserves the right to make changes to the Program and related policies and agreements, these Terms and/or the Privacy Policy at any time. If The Revury makes a material modification to these Terms or other agreement it will notify you by:a) sending an email to the address associated with your account. The Revury is not responsible for your failure to receive an email due to the actions of your ISP or any email filtering service; therefore, you should add TheRevury.com to the list of domains approved to send you email; orb) displaying a prominent announcement above the text of these Terms or the Privacy Policy, as applicable, for thirty (30) days.Both forms of notice are hereby deemed sufficient notification of such changes. After notice of a modification to the Terms or the Privacy Policy has been posted for 30 days, the notice may be removed. If you choose to continue using the Site or Service, you agree that by doing so you will be deemed to accept the new Terms or Privacy Policy, as relevant.
SECTION 4.5 Notices. All notices and other communications required or permitted to be sent to The Revury under these Terms shall be in writing and shall be sent via electronic mail to The Revury at , attention: Legal Department with an appropriate subject line highlighting the legal notice and with a copy (which shall not constitute notice) to Colin Fraser, Greenberg Traurig LLP, 18565 Jamboree Rd #500, Irvine, CA 92612. Notice or other communication shall be treated as effective or having been given when directed to the relevant electronic mail address, if sent during normal business hours of the recipient, or if not sent during normal business hours of the recipient, then on the recipient’s next business day.
SECTION 4.6 Governing Law. These Terms and the relationship between you and The Revury will be governed by the laws of the State of California without regard to its conflict of law provisions. You and The Revury agree to submit to the personal jurisdiction of the federal and state courts located in Orange County, California with respect to any legal proceedings that may arise in connection with these Terms.
SECTION 4.7 Non-Waiver. The failure of The Revury to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. The Revury does not guarantee it will take action against all breaches of these Terms. Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
SECTION 4.8 Entire Agreement. These Terms and the documents incorporated herein by reference constitute the entire agreement between you and The Revury and governs your participation in the Program, superseding any prior agreements between you and The Revury with respect to the Program.