Terms of Service

Terms of Service

The following terms and conditions govern all use of the Partnered.co website and all content, services and products available at or through the website, including, but not limited to, the Network by Partnered.co (“Network”), News[a] by Partnered.co (“News”) and the Partnered.co Premium Services (“Premium Services”), taken together, the (“Website”). The Website is owned and operated by Sponsorfied, Inc. (“Partnered”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Partnered’s Privacy Policy) and procedures that may be published from time to time on this Site by Partnered (collectively, the “Agreement”). Companies or individuals providing partnerships are “Providers”.  Companies or individuals seeking partnerships from users are “Seekers”.  Providers and Seekers are collectively known as “You”, etc.

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Partnered, acceptance is expressly limited to these terms.

  1. Your Partnered.co Account and Site.  You are responsible for maintaining the security of your account. You must immediately notify Partnered of any unauthorized uses of your account or any other breaches of security. Partnered will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

  1. Responsibility of Users and Brands
  1. Registration and Security
  1. You will not provide any false personal information on Partnered, or create an account for anyone other than yourself without permission.
  2. If we disable your account, you will not create another one without our permission.
  3. You are at least 13 years old.
  4. You will not use Partnered if you are a convicted sex offender.
  5. You will keep your contact information accurate and up-to-date.
  6. You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
  7. You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
  8.  If You select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

  1. If You contribute material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, You represent and warrant that:
  1. the downloading, copying and use of the Content will not infringe the intellectual proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  2. the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  3. the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  4. the Content is not pornographic[b], does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party; and
  5. Your content is not named in a manner that misleads your readers into thinking that you are another person or company.

  1. Premium Services[c][d][e]
  1. Fees. In consideration for the payment agreed upon for any and all Premium Services by Partnered, Users agree to pay Partnered, as applicable, in accordance with the agreement.

  1. Restricted Use. You may not use the Partnered Premium Services to substantially replicate products or services offered by Partnered, including the republication of Partnered’s content. If Partnered believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access the Partnered Website & Premium Services may be temporarily or permanently revoked, with or without notice. Additionally, you may not modify, create derivative works of, decompile or otherwise attempt to extract source code from us regarding any Partnered offering, including the website, unless we give you express written permission.
  2. Upon cancellation, your access to the Content and information on the Website will become no longer available.  As a User, you will retain no rights or ownership interest, of any form, to the Content on the Website.  You may not at anytime attempt to scrape or duplicate, in whole or in part, the Content on the Website, such as, but not limited to ,the Users on the Website and the Content created by them, including aggregated and non-personally identifying information.

  1. Payment and Renewal

General Terms. Payments will be charged on a case by case basis on the day you agree for Premium Services and will cover the use of that service for a the agreed upon project. Premium Services fees are not refundable.

  1. Providers and Seekers IP.
  1. For content that is covered by intellectual property rights, like photos, Content, and information (“IP Content”), You specifically give us the following permission: You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP Content that you post on or in connection with Partnered (“IP License”). This IP License ends when you delete your IP Content or your account; provided that Partnered will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the IP Content may not be made immediately unavailable.  That information remains after you delete your account.  Still, Partnered will retain a license to Your IP Content to improve the Website services for both Providers and Seekers.

  1. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

  1. Partnered may use any feedback or other suggestions You provided about Partnered, without any obligation to compensate You for them.

  1. Quality Control.
  1. Partnered has the right (though not the obligation) to, in Partnered’s sole discretion (i) refuse or remove any content that, in Partnered’s reasonable opinion, violates any Partnered policy, state or federal law, or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason. Partnered will have no obligation to provide a refund of any amounts previously paid.

  1. Partnered has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Partnered does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Partnered disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

  1. General Representations and Warranties by You.  You represent and warrant that (i) Your use of the Website will be in strict accordance with the Partnered Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside).

  1. Infringing Rights
  1. Copyright Infringement and DMCA Policy. 
  1. As Partnered asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Partnered.co violates your copyright, you are encouraged to notify Partnered in accordance with Partnered’s Digital Millennium Copyright Act (“DMCA”) Policy. Partnered will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Partnered will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Partnered or others. In the case of such termination, Partnered will have no obligation to provide a refund of any amounts previously paid to Partnered.
  2. Providing a DMCA violation notice:
  1. Identify the copyrighted work you claim to be infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
  2. Identify the material that is claimed to be infringed or to the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.  This information may is likely a URL to the content.
  3. Provide your mailing address, telephone number, and, if available, and email address.
  4. Include in your notice to us a statement “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (such as a fair use).” Also include “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  5. Provide your full legal name, and your electronic or physical signature.
  6. Deliver this Notice, with all complete items, to Partnered’s Designated Agent at copyright@partnered.com [f]
  1. Trademark Infringement.
  1. Partnered respects the trademark rights of others.  User Profiles or Member Content that misleads others or violates another’s trademark may be updated, transferred, or permanently suspended.
  2. If you are concerned that someone may be illegally using your trademark on Partnered, you can let us know by providing the below information.  However, Partnered will review your submission and take actions, in its sole discretion, it deems appropriate, including temporary or permanent removal of the trademark from Website.
  3.  Please provide the following information to copyright@[g]partnered.com:
  1. Infringing Account Information
  2. Trademark Word, Symbol
  3. Details about why the user violates your rights
  4. Registration office
  5. Registration number
  6. Link to the trademark record
  7. Your full name
  8. Email address
  9. Relation to the trademark holder
  10. Company name
  11. Company address
  12. Company phone number
  13. State your desired outcome
  14. State “I hereby state I have not authorized the challenged use, and I have a good-faith belief that the challenged use violates my rights.”
  15. State “I hereby state under penalty of perjury that all of the information in this notification is accurate and that I am the owner of the trademark, or authorized to act on behalf of the owner of the trademark.”

 

  1. Intellectual Property. This Agreement does not transfer from Partnered to You any Partnered or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Partnered. Partnered, Partnered.co, the Partnered.co logo, and all other trademarks, service marks, graphics and logos used in connection with Partnered.co, or the Website are trademarks or registered trademarks of Partnered or Partnered’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Partnered or third-party trademarks.

  1. Advertisements. Partnered reserves the right to display advertisements on all Partnered content and web pages.

  1. Software & Attribution.

Partnered reserves the right to display attribution links such as ‘Powered by Partnered.co’, and font attribution in your profile or toolbar. Footer credits and the Partnered.co toolbar may not be removed regardless of upgrades purchased.

  1. Changes. Partnered reserves the right, at its sole discretion, to modify or replace any part of this Agreement. We will provide you with seven (7) days notice of the changes via your provided email account, should we have that information.  Your continued access to, use of, or payments for an Upgrade to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Partnered may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

  1. Termination. Partnered may terminate your access to all or any part of the Website for a breach of this Agreement, the Privacy Policy or if you otherwise create risk or possible legal liabilities for us, with or without notice, effective immediately. Additionally, the services may be discontinued at any time.  If you wish to terminate this Agreement or your Partnered.co account , you may simply delete your account.

  1. Disputes. WE TRY TO KEEP PARTNERED UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING PARTNERED AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT PARTNERED WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT PARTNERED WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. PARTNERED IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR SPONSORFIED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR PARTNERED WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, PARTNERED’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

  1. Limitation of Liability. In no event will Partnered, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Partnered under this agreement for the prior twelve (12) months or $100, whichever is lesser.  Partnered shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

  1. Indemnification. You agree to indemnify defend, and hold harmless Partnered, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of Your use of the Website, including but not limited to Your violation of this Agreement.

  1. Miscellaneous. 
  1. This Agreement constitutes the entire agreement between Partnered and You concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Partnered, or by the posting by Partnered of a revised version of this Agreement followed by the methods of acceptance provided in this Agreement.
  2. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the exclusive venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California.  You agree to submit to the personal jurisdiction of the state and federal courts of State of California.
  3. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by one arbitrator appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
  4. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
  5. You may not assign your rights in this Agreement to any party.  Any such assignments are considered null and void and unenforceable.
  6. Partnered may freely assign its rights under this Agreement in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.  
  7. Nothing in this Agreement prevents us from complying with the law.  
  8. We reserve all rights not expressly granted to You.