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Terms of use

Last updated: June 01, 2019 (view archived versions).

These Terms of Use and our Privacy Notice form the agreement between Ghostlamp ehf. (“Ghostlamp,” or "we" or "us") and you ("You", "Your" or "User").

The Terms of Use governs access to, and use of the Ghostlamp website (“Site”, “Service” or “Services”) including any content, functionality, and services offered on or through the Service.

BY USING THE SERVICE, YOU AGREE TO THE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU CANNOT USE OUR SERVICES.

 

Contents.

1.The Campaign. 

2.Influencer Landing Page.

3.Sponsored Content Guidelines. 

4.Sponsored Content Endorsement Guidelines. 

5.Representations and Warranties. 

6.Payment. 

7.Confidentiality.

8.Indemnification. 

9.DISCLAIMER OF WARRANTIES. 

10.LIMITATION ON LIABILITY.

11.Injunctive Relief.

12.Changes to Terms of Use. 

13.Privacy. 

14.Transmission of Information.

15.Right to Use.

16.Availability of Services. 

17.Third Party Services. 

18.Third-party links.

19.Linking to our Site. 

20.Intellectual Property.

21.Jurisdiction/Disputes/Choice of Law.

22.Assignment. 

23.Relationship of the Parties.

24.Captions and Section Headings. 

25.Entire Agreement. 

26.Modification. 

27.Waiver. 

28.Severability. 

29.Contact us.

 

  1. The Campaign. 

 

In connection with a campaign by one of Ghostlamp’s End-Client’s (Brand) to promote its products or services, you received an email from Ghostlamp with an offer for work (“Campaign Brief”) that requested that you provide sponsored content (e.g., a post to Instagram). You agree that Ghostlamp has offered the work opportunity and that any questions, comments, complaints or issues about the opportunity and the actual work shall be directed only to Ghostlamp, and not to Ghostlamp’s End-Client. 

 

  1. Influencer Landing Page.
    1.  

      For each campaign, you are given a personalized landing page. 

      You are solely responsible for all uses of your landing page.
        Your landing page is personal to you and you agree not to share or allow others access or use of your landing page. Moreover, the information concerning the landing page, such as its web address, should be treated as confidential.  You agree to notify us immediately of any unauthorized access to your landing page or any other security breach of. 

      You represent and warrant that any information you provide is current, complete and accurate.
        You agree to maintain and promptly update your information so that it remains current, complete and accurate.  We will use any information you provide in accordance with our Privacy Notice. 

      If you violate any term in this agreement, we may terminate immediately this agreement.
        If we terminate this agreement, then you will lose access to your landing page and you will forfeit any information created or contained in the Services.  Furthermore, we reserve the right to hold you liable for any damage Ghostlamp, its End-Clients’, and/or its other users may suffer; to pursue legal action through all available law enforcement authorities; and to notify your Internet Service Provider of any fraudulent activities associated with you or with your use of the Services.

       

  2. Sponsored Content Guidelines. 
  3.  

      Social Media User Content Guidelines.
      You agree to comply with the Terms of Use and any user guidelines for the social media platform required by the Campaign.

      Brand Content Guidelines.
        You agree to comply with any guidelines issued by Ghostlamp’s End-Client.

      General Content Guidelines.
        In addition to any above guidelines, you agree that any work created shall
      not:

        i.cast Ghostlamp, or Ghostlamp’s End-Client, its products and/or services in a negative light;

        ii.contain anything you know to be false, misleading or inaccurate;

        iii.contain blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity;

        iv.contain or advocate pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd;

        v.violate any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them;

        vi.engage in activity that would constitute a criminal offense or give rise to a civil liability;

        vii.pose a reasonable threat to personal or public safety;

        viii.advocate violent behavior, or contain violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitive, prurient, or gratuitous purposes;

        ix.violate or infringe in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others; and

        x.infringe upon a copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any submission is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You are solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission.

     

  4. Sponsored Content Endorsement Guidelines. 
    1.  

      Territory Rules.
        You agree to comply with any law, regulation or guidance in your country concerning endorsements. 

      General Endorsement Guidelines.  When you publish a post in the course of a campaign, you are making an endorsement of the product or service that is the subject of the campaign.  In order to avoid consumer deception or confusion, you should comply with the following guidance:

        i.In each post, you must disclose in a clear and conspicuous manner that you have received payment or other compensation.  For example, “Today’s post is brought to you by Company X” or “Products c/o my partnership with Company X”.  Otherwise, ad: #ad, sponsored: #sponsored, paid: #paid must be used, preferable at the beginning of the post.

        ii.You may not provide testimonials for, or otherwise endorse, any product or service that you have not in fact used yourself.

        iii.You may not make any claims about a product or service without actual proof to back up that claim.

        iv.You may not make representations that any results you have achieved from the use of a product or service are “typical” when the results are atypical. In the event that any results you have achieved from the use of a product or service are atypical, you will disclose the results that consumers can generally expect from the use of a product or service.

        v.If a post represents, directly or by implication, that you are an expert with respect to your endorsement message concerning a product or service, then your qualifications must in fact give you the expertise that you are represented as possessing.

         

  5. Sponsored Content.
    1.  

      Ownership of Sponsored Content.
      Unless otherwise specified in the Campaign Brief, you own all right, title and interest in and to any sponsored content.

      Use of Ghostlamp’s End-Client Marks.
        Ghostlamp’s End-Client has agreed to grant you a limited license to use its names, logos, and other trademarks (collectively, the “Marks”) in connection with your sponsored content.  All use of such Marks shall inure to the benefit of Ghostlamp’s End-Client.

      License Grant to Ghostlamp.

        i.You hereby grant Ghostlamp and its agents and licensees, in perpetuity, the exclusive, worldwide, royalty-free right, with the right to sublicense, to reproduce, distribute, edit and otherwise use your sponsored content.

        ii.You hereby grant Ghostlamp and its agents and licensees, the non-exclusive, worldwide, royalty-free right, with the right to sublicense, to use your name, image, likeness, title, social media handles, in connection with your sponsored content.

        iii.You hereby waive, and release Ghostlamp and its agents and licensees from any claims arising from, any and all rights that you may be afforded by any applicable law or regulation relating to the above granted rights, including but not limited to, any right to inspect or approve any use of the foregoing or the materials in or on which you may appear, any claim of violation of the right of privacy or publicity, copyright, or moral right.

         

  6. Representations and Warranties. 

 

You represent and warrant that:

      You are of legal age in your country to agree to the terms of this agreement.  If you are not of legal age in your country or you are 13 years of age or younger, you cannot use the Service;

      You possess the authority to create a binding legal obligation on behalf of yourself personally; that you have the authority to do so; and that you are not impaired in this ability;

      Any information you provide is only about yourself, and that all of such information is accurate, true, current, and complete;

      Your use of the Service will comply with the terms of this Agreement;

      Only you will use your landing page, and that you will be responsible for all uses of your landing page;

      The services you provide will be performed in a professional manner, and in compliance with all Content and Endorsement Guidelines, and all applicable laws and regulations;

      After publishing sponsored content for a Ghostlamp End-Client, you will not publish anything directly harmful to the End-Client’s brand, product or service for the next twelve months;

      You will not hide sponsored content or otherwise diminish its visibility of such content;

      You will not delete sponsored content unless specifically asked to do by Ghostlamp, Ghostlamp’s End-Client, or a governmental entity.

       

  1. Payment. 
    1.  

      The only compensation for your services and your rights granted, are those stated in your Campaign Brief.  Provided you timely completed the services required in your Campaign Brief and you submit timely your invoice, then you will be paid per the terms of the Campaign Brief. 

      If you breach any term of the Terms of Use, Ghostlamp reserves the right to reclaim any payments made to you in connection with a Campaign. Furthermore, you may be liable for damages if Ghostlamp loses business as a result of your conduct.

       

  2. Confidentiality.

 

You acknowledge that in the course of providing your services you may acquire certain Confidential Information. “Confidential Information” will be defined as all marketing plans, strategies, rates and fees, and any other business, technical and financial information provided to you by Ghostlamp and/or Ghostlamp’s End-Client, and any other information that Collaborator should reasonably understand is confidential. You will not: (a) disclose such Confidential Information to any third party without the prior written consent of Ghostlamp, (b) will notify Ghostlamp if you becomes aware of any breach of confidentiality in any manner; or (c) use the Confidential Information for any purpose other than to carry out the services contemplated hereunder. You acknowledge that misuse or disclosure of any Confidential Information will give rise to irreparable injury to Ghostlamp or the owner of such information, which is inadequately compensable in damages. Accordingly, Ghostlamp or such other party may seek and obtain injunctive relief against the breach or threatened breach of these confidentiality obligations, in addition to any other available legal remedies.

 

  1. Indemnification. 

 

You agree to indemnify, defend and hold harmless Ghostlamp, Ghostlamp’s End-Clients, its agents, employees, and licensees from and against all claims, actions, proceedings, settlements, losses, damages, costs and expenses (including, without limitation, attorneys’ fees) arising from or in connection with your (a) negligence or willful misconduct, and (b) breach of any term in the Terms of Use. Ghostlamp reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide Ghostlamp with such cooperation as is reasonably requested by Ghostlamp.

     

  1. DISCLAIMER OF WARRANTIES. 

 

THE SERVICE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, AVAILABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, FREEDOM FROM INTERRUPTION, VIRUSES OR OTHER DEFECT.

 

  1. LIMITATION ON LIABILITY.
    1.  

      IN NO EVENT WILL GHOSTLAMP BE LIABLE TO YOU UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GHOSTLAMP’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES SHALL NOT EXCEED THE AMOUNT PAYABLE TO YOU UNDER THE TERMS OF THE APPLICABLE CAMPAIGN BRIEF.

      TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GHOSTLAMP WILL NOT BE LIABLE OR RESPONSIBLE FOR (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM GHOSTLAMP SERVERS; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (V) ANY FAILURE TO PERFORM ITS OBLIGATIONS HEREUNDER WHERE SUCH FAILURE RESULTS FROM ANY CAUSE BEYOND GHOSTLAMP’S REASONABLE CONTROL; OR (VI) ANY ACTS OR OMISSIONS BY GHOSTLAMP’S END-CLIENT.

      SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

       

  2. Injunctive Relief.
  3.  

      In the event of a breach of this Agreement by Ghostlamp, your sole remedy will be to seek monetary damages and in no event will you have the right to seek injunctive relief. 

      In the event of a breach of this Agreement by you, you acknowledge that such a breach may cause Ghostlamp and/or Ghostlamp’s End-Client irreparable harm which would be impossible to calculate or to remedy with monetary damages and therefore in the event of any such breach, you acknowledge that Ghostlamp and/or Ghostlamp’s End-Client may seek to obtain injunctive relief without having to post a bond in order to do so.

     

  4. Changes to Terms of Use. 

 

Ghostlamp may modify the Terms of Use, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. If we make any changes, we will notify you by revising the date at the top of the Terms of Use and, in some cases, where appropriate we may provide you with additional notice (such as adding a statement to the login screen or sending you an email notification). Your continued use of the Service after any changes to the Terms of Use will constitute your acceptance of such modification. If you disagree with any changes to the Terms of Use, you must stop using our Services.

 

  1. Privacy. 

 

We are committed to safeguarding your privacy. For more information concerning how we handle your personal information please see our Privacy Notice.  By using the Service, you agree to the terms in our Privacy Notice. 

 

  1. Transmission of Information.

 

Ghostlamp does not control the Internet, or its security, or that of other networks you use to access the Services. Ghostlamp is not, and cannot be responsible for the security of information that you choose to communicate with Ghostlamp via the Services. Nor are we responsible for any data lost during transmission.

 

  1. Right to Use.

 

Your right to use the Service is subject to the limitations, conditions, and restrictions established by us from time to time, in our sole discretion. We may alter, suspend, or discontinue any aspect of the Services at any time, including the availability of any feature, database, or content. We may also impose limits on certain features and aspects of the Services or restrict your access to parts or all of the Services without notice or liability.

 

  1. Availability of Services. 

 

By using the Service, you acknowledge that you are using an internet based service platform, presenting information from third parties, and that while Ghostlamp takes every reasonable action to make sure that the Services remain fully functional and up to date, interruptions do happen, for any reason or no reason, including for routine maintenance. Ghostlamp retains the right at its sole discretion to deny access to part or all of the Service to anyone, at any time and for any reason. You understand and acknowledge that due to circumstances both in our control and not in our control, access to the Service may be interrupted, suspended, or terminated.

 

  1. Third Party Services. 

 

In order to provide you with a rich set of features, we utilize third-party service providers. You agree that we can exchange information with our third-party services providers, under our Privacy Notice, as necessary to implement such features.

 

  1. Third-party links.

 

We may provide links to third-party websites. Because we have no control over such websites, you agree that we are not responsible for the availability of such websites and we are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that we 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 the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites. We reserve the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the third-party websites from our Site and/or introduce different features or links to different users.

 

  1. Linking to our Site. 

 

You may link only to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Site must not be framed on any other site, nor may you create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission without notice.

 

  1. Intellectual Property.
    1.  

      Ghostlamp owns all rights, title, and interest (including patent rights, copyrights, trade secret rights, trademark rights, database rights, and all other intellectual property rights of any sort throughout the world) in the Services, ideas, know-how, and compilations of data created through the use of the Services (collectively, “Intellectual Property”). Except as may be expressly granted herein and as necessary for your use of the Services, Ghostlamp grants you no right, license, title, or interest in or to any of Ghostlamp’s Intellectual Property. You shall not copy without authorization, translate, reverse engineer, decompile, disassemble, or make derivative or transformative works of Ghostlamp Intellectual Property. You may print copies of the website only for your individual use. Ghostlamp reserves all rights not specifically granted.

      The Services contain public information and information provided to us by third parties, which is compiled in a manner which is proprietary to us. We assert all applicable protection in the information presented through the Services. Any information shared or posted by us is protected whether or not it is identified as proprietary to us. You agree not to modify, copy, or distribute any information presented through the Services. The name of the Services, and all parts of the Services, regardless of their name, are service marks of or under license to Ghostlamp. No use of these marks shall be permitted except through the prior written authorization and permission of Ghostlamp or the licensor of the mark. All rights not expressly granted herein are reserved.

       

  2. Jurisdiction/Disputes/Choice of Law.

 

This Agreement and all matters arising out of or otherwise relating to these terms and conditions shall be governed by the laws if Iceland, without regard to its conflict of law provisions. You hereby submit to the personal jurisdiction of the District Court of Reykjavík for resolution of all disputes and waive any objections to jurisdiction and venue. Each party shall be liable for their own attorneys’ fees, expenses, and costs both at trial and appellate levels.

 

  1. Assignment. 

 

You cannot assign, transfer, or subcontract any obligations under this Agreement without the written consent of Ghostlamp.  Ghostlamp may assign, transfer, or subcontract this Agreement, in whole or in part, in its sole discretion.

 

  1. Relationship of the Parties.

 

The parties are independent contractors.  Nothing in this Agreement is intended to, or shall be deemed to, establish any kind of partnership, franchise, employment, or joint venture between the parties; designate any party the agent of the other party; authorize any party to make or enter into any commitments for or on behalf of the other party.

 

  1. Captions and Section Headings. 

 

The section headings used herein are for convenience only and shall be of no legal force or effect. 

 

  1. Entire Agreement. 

 

The Terms of Use and any other related terms constitute the sole and entire agreement with respect to the Service and supersede all prior and contemporaneous understandings, representations, and warranties, both written and oral with respect to the Service.

 

  1. Modification. 

 

All modifications to this agreement must be in writing and agreed and signed by duly authorized representatives of both parties.

 

  1. Waiver. 
  2.  

      The waiver by you of any breach or default or failure to exercise any right shall constitute a waiver of any prior, or subsequent breach, or default, and a waiver or forfeiture of any similar or future rights under this Agreement.

      The waiver by Ghostlamp of any breach or default or failure to exercise any right shall not affect in any way its right to require such performance at any time thereafter. Ghostlamp’s waiver of a breach of any provision hereof shall not be taken construed, or held to be a waiver of the provision itself or a waiver of any breach thereafter or any other provisions hereof.

       

  3. Severability. 

 

If a court of competent jurisdiction holds any provision of the Terms of Use invalid, unenforceable or illegal, in whole or in part, it shall not affect the enforceability of any other provisions. Moreover, if a provision is found to be invalid, unenforceable or illegal, the provision will be modified as necessary to give effect to the intent of the Parties.

 

  1. Contact us.

 

We are:

Ghostlamp ehf

Bæjarhraun 6

220 Hafnarfjordur

Iceland

 

If you have any questions or comments, please email us at info@ghostlamp.com.