TERMS OF SERVICE

Welcome to Viral Boost(“Viral Boost“, “we”, “us” and “our”) online website (including all content and functionality available through the viralboost.me domain name, the “Site“). Through our Site, you (the terms “you”, “your”, and “yours” refers to any and all Users) are provided with access to our Platform and related data, content, documentation and information in connection with our Services, all subject to the terms of this Agreement.

PLEASE CAREFULLY READ THIS AGREEMENT BEFORE USING THE SITE AND/OR SERVICES. BY VISITING AND PROVIDING INFORMATION TO US THROUGH THE SITE AND/OR ALLOWING US TO USE YOUR INFORMATION TO REGISTER YOUR ACCOUNT THROUGH THE SERVICES, ACCESSING OR USING ANY PART OF THE SITE OR THE SERVICES, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY:

THE TERMS AND CONDITIONS OF THIS AGREEMENT;
VIRAL BOOST’ PRIVACY POLICY, WHICH CAN BE FOUND AT HTTPS://APP.VIRALBOOST.ME/PRIVACY (THE “PRIVACY POLICY”); AND

IF YOU DO NOT AGREE TO THE TERMS OF THE VIRAL BOOST AGREEMENTS, YOU DO NOT HAVE OUR AUTHORIZATION TO USE ANY OF THE SERVICES AND YOU MAY NOT ACCESS OR USE ANY PORTION OF THE SITE.

We may modify this Agreement at any time, and such modification shall be effective immediately upon either posting of the modified Agreement or notifying you. You agree to review this Agreement periodically to ensure that you are aware of any modifications, and you agree that your continued access or use of the Site and/or Services shall be deemed your conclusive acceptance of the modified Agreement.

1. DEFINITIONS.

“Account“ refers to an account that you have created through our Site for the purpose of registering to use our Services.
″Agreement″ refers to the Terms of Services agreement.
″Company″ represents a Person or entity that manufactures, creates or develops specific Product(s) under a particular name.
″Company Agreement″ denotes the terms and conditions outlined in Section 3.4.1 of this Agreement that are applicable to all Users who use the Services as a Company Representative.
″Company Complaints″ encompasses the inquiries, questions, concerns, complaints, and/or comments from a Company regarding Influencer’s Content.
″Company’s Marks″ denotes a Company’s trademarks, service marks, logos, name, branding, likeness, and other identifying features.
″Company Representative″ refers to a User who represents a specific Brand.
″Compensation″ refers to any type of payment, tangible or intangible, including but not limited to monetary compensation, royalty fees, service fees, commissions, benefits, rewards, or recognition.
″Content″ represents the entire collection of materials displayed on the Site.
″Influencer″ is a User who creates and publishes content on their own social media channels as an influencer.
″Affiliates″ denotes the officers, directors, employees, contractors, agents, information providers, and suppliers of Viral Boost.
″Compensation″ encompasses any form of tangible or intangible payment, such as monetary rewards, royalty fees, service fees, commissions, benefits, or acknowledgments.
″Content″ refers to all the material displayed on the Site.
″Damages″ are any losses, injuries (including bodily harm), or damage (such as property, reputation, or goodwill) caused by a User to the Company or another individual.
″Governmental Authority″ denotes any national, state, local, or foreign government, political subdivision, agency, or instrumentality, as well as any self-regulating organization or non-governmental regulatory or quasi-governmental authority, such as an arbitrator, court, or tribunal.
″Intellectual Property Rights″ refers to all current and future patents, trademarks, trade secrets, inventions, confidential information, service marks, logos, emblems, mascots, insignia, identifying music and sounds, domain names, business names, trade names, moral rights, performance rights, registered designs, copyrights, database rights, design rights, and other forms of intellectual property protection, whether registered or unregistered, and including any corresponding applications or equivalents throughout the world.
″Viral Boost Agreements″ collectively encompass the Agreement, the Privacy Policy, and, if relevant, the Influencer Agreement and/or Company Agreement.
″Law″ means any rule of law, statute, ordinance, regulation, code, order, treaty, constitution, judgment, decree, or other requirement or rule of any Governmental Authority.
″Legal Action″ refers to the initiation or filing of any lawsuit, arbitration, inquiry, proceeding, claim, counterclaim, demand, investigation, or regulatory action by any federal, state, or foreign court, tribunal, investigative or regulatory agency, regarding Brand Complaints, Creator Complaints, or User Disputes.
“Material” denotes all types of downloadable content available on the Site, including but not limited to documentation, text, software, photos, video, graphics, and music, sound, or other multimedia files.
“Platform” denotes our proprietary technology and software, which can be accessed through the Site.
“Person” denotes any entity, including an individual, corporation, partnership, trust, limited liability company, or association.
“Post” or “posting” denotes the act of sharing, uploading, publishing, displaying, or posting content.
“Product(s)” denotes any tangible or intangible item, article, or substance that is manufactured, produced, or refined for use, sale, or consumption by a Company, or any service that is offered by a Brand.
“Product Misuse” denotes the intentional or negligent misuse of a Company’s product that results in damages to the Brand or a third party, the intentional or negligent misrepresentation of a Brand’s product, or the failure of a Creator to pay for or return products provided by a Brand as requested.
“Profile Information” denotes a Creator’s original name, picture, image, likeness, Social Media Account handle(s), avatar(s), signature, voice, and biographical information that is incorporated into or referenced or linked in Creator’s Content, or as provided to us in connection with Feedback or Creator Submitted Content.
“Launch” denotes a Company’s proposed advertising and marketing campaign for a specific product.
″Services″ encompasses all the offerings provided by Viral Boost through its Site and Platform, which enable Influencers to generate TikTok posts on behalf of Companies.
“Social Media Account” refers to an account maintained by a user on a social media platform for the purpose of creating and sharing content, or participating in social networking.
“Social Media Platform” encompasses websites and applications that enable users to create, share and post content, or engage in social networking activities, including but not limited to platforms such as Facebook, Instagram, and TikTok.
“Social Media Post(s)” means a post made by a creator on their social media account, in connection with an accepted request. Such posts must comply with all social media requirements.
“Social Media Requirements” encompasses all requirements for a social media post, including but not limited to the frequency of posts, detailed descriptions of the creator’s content to be posted, social media platforms to be used, information on the brand, links to the brand, and specific brand information, material or content that cannot be posted.
“Unpurchased Creator’s Content” encompasses all content created by a creator in response to a brand’s request, which has not been purchased by the brand or made part of an accepted request. This may include all artwork, photographs, drawings, text, media files, videos, and testimonials related to the brand, and includes the creator’s intellectual property rights.
″User Dispute″ refers to any conflict or disagreement between users that originates from or is related to the company or influencers.
″TikTok post″ refers to a video created by an influencer and uploaded to their own TikTok account.
“Video” refers to a recording of moving visual images made digitally or on videotape, and may include recordings of product demonstrations, product use, and unboxing of products.

2. PROPRIETARY RIGHTS; GRANT OF LIMITED LICENSE.

Proprietary Rights. The Content on this Site is protected by copyright laws in the United States and other countries, and is considered a collective work owned exclusively by Viral Boost. Some collective works on this Site may be owned by third parties, but are still protected under copyright and intellectual property laws. You may only display and download portions of the Content for non-commercial use, unless expressly stated otherwise. Redistribution, retransmission, or publication of copyrighted material is strictly prohibited without express written permission from the copyright owner. Proprietary notices may not be changed or deleted from any downloaded material. Use of Viral Boost’s logo or any proprietary graphic or trademark requires express written consent. Viral Boost and/or its content providers retain title, ownership, and intellectual property rights to the Content and any copies or portions thereof. Third-party trademarks, service marks, and logos contained on the Site are owned and licensed by their respective owners. All rights not expressly granted in these terms are reserved.

Limited License Grant. Viral Boost provides you with a limited license to access and use the Services, which is not sold but licensed to you. Upon registration for an Account, you will be granted a revocable, non-exclusive, and non-transferable account that enables you to use the Services and the Site. The Content available for viewing or downloading in connection with the Site is owned by Viral Boost and its suppliers and is licensed, not sold. You do not have the right to lend, lease, rent, or sublicense the Site and/or Content. Your use of the Services, including Materials, is subject to the terms of the Viral Boost Agreements. We reserve the right to terminate your license to use the Site and Services without notice and in our sole discretion, and to block or prevent future access to the Site and Services. The license grant does NOT include your right to (a) publish, publicly perform or display, or distribute any Materials to third parties, including reproducing on any computer network or broadcast or publication media; (b) market, sell or make commercial use of the Site or any Materials; (c) collect and use data or content systematically, including using any data spiders, robots, or similar methods of data gathering, mining, or extraction; (d) create derivative works of the Site or Materials; or (e) use framing techniques to enclose any part of the Site, including images, text, or page layout/design.

3. AGREEMENT.

Account. To utilize the Site and its Services, it is your responsibility to create an Account by providing us with the necessary information as requested. You agree to (a) furnish accurate, truthful, current, and complete information while registering for an Account, which includes any relevant credit card information (your ″Credit Card″); (b) regularly update your Account details to ensure that it remains accurate, truthful, current, and complete; (c) review the Fees, if any, related to your use of the Services; (d) acknowledge and accept our policy concerning payment acceptance and processing when using Stripe to pay for your product launch on the platform; (e) ensure that your Account is not accessible to others; and (f) take responsibility for all activities carried out under your Account. If you provide any false, misleading, outdated, or incomplete information or we have reasonable grounds to suspect that such information is inaccurate or incomplete, we retain the right to suspend or terminate your Account, deny access to the Site (or any portion thereof) and its Services, or reject any present or future use of the Site. You may not assign or transfer your Account to any other person or entity. You acknowledge that we are not liable for any unauthorized access to your Account by third parties as a result of theft or misappropriation. We, at Viral Boost and our affiliates, hold the right to cancel or refuse service, terminate accounts, or edit content at our sole discretion. User Representations also apply.

By using the Site and its Services, you are declaring and affirming to Viral Boost that you (a) will ensure the security of your user identification, password, and other confidential information related to your Account; (b) will preserve the confidentiality, security, and integrity of all messages and content transmitted, received, or stored on the Site; (c) will be responsible for all charges incurred from the use of your Account, including any unauthorized access prior to notifying us in writing and taking appropriate steps, such as changing your password, to prevent its recurrence; (d) have obtained the necessary authorization or permission from the authorized signatory of the Credit Card associated with your Account to pay any Fees associated with the use of the Site and/or Services; (e) will comply with the terms outlined in the Viral Boost Agreements; (f) will comply with all applicable U.S. and international laws, regulations, statutes, ordinances, rules, contracts, and relevant licenses governing your use of the Site and Services; (g) are eighteen (18) years of age or older and have the ability, authority, or consent to enter into and perform your obligations under the Agreement; and (h) all information you provide to us is truthful, accurate, complete, and belongs to you.

You agree not to use the Site or Services in any way that (a) infringes on the intellectual property rights, proprietary rights, or rights of publicity or privacy of any third party; (b) violates any laws; (c) is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, fraudulent, deceptive, or misleading, or is otherwise objectionable; (d) adversely affects or damages Viral Boost’s reputation, name, or goodwill or causes distress or discomfort to Viral Boost or others, or discourages any person, firm, or enterprise from using any feature or function of the Site or from advertising, liking or becoming a supplier to use in connection with the Site; (e) involves the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or ″spamming″; (f) involves the transmission, distribution, or uploading of programs or material containing malicious code, such as viruses, time bombs, cancelbots, worms, Trojan horses, spyware, or other potentially harmful programs or materials; (g) involves falsely reporting to an employee or agent of Viral Boost; (h) involves circumventing, disabling, or otherwise interfering with security-related features of the Site or its features that prevent or restrict use or copying of any content; (i) involves intercepting or attempting to intercept communications of any kind not intended for you; (j) involves stalking or harassing any other User; or (k) except as otherwise permitted under the Agreement, involves using the Site for commercial or business purposes, including, without limitation, advertising, marketing, or offering goods or services, whether or not for financial or any other form of compensation, or through linking with any other Site or web pages.

User’s Restrictions. You are prohibited from engaging in any actions that are inconsistent with the principles of copyright protection and fair use, as outlined in 17 U.S.C. Sections 106-110, without obtaining the express written consent of Viral Boost and/or the copyright owner. Additionally, you are not allowed to distribute, display, rent, lease, transfer or otherwise exploit the Content, either in whole or in part, or to remove any proprietary notices or labels on the Content. These restrictions apply to your use of the Services.

As a Company Representative utilizing the Services and Site, you are subject to the terms and conditions outlined in this agreement, and by using the Services and Site, you are explicitly consenting to these terms.

a. As a representative of the Company you claim to represent, you acknowledge and agree to the following:

The Company has authorized you to act on its behalf and bind it to the terms of the Viral Boost Agreement.
You must provide all necessary information about a Launch, including any Social Media Requirements, to help Influencers make informed decisions about creating Influencer’s Content.
You must obtain and maintain all necessary licenses, consents, and permissions required to use the Platform, conduct Launches, and engage Influencers.
Your Launch, Company’s Marks, and Product must comply with all applicable Laws and regulations, including advertising standards, and must not infringe on the rights of any other Person.
Influencers are granted a limited, royalty-free, non-exclusive, non-transferable, and irrevocable right to use and incorporate your Company’s Marks into any Influencer’s Content created in response to the Launch.
You must comply with all payment terms outlined in the ″Fee″ section of the Agreement.
You must not use any part of the Site and/or Services to harass, stalk, invade the privacy of, or cause Damage to any other User.
You must not contact, solicit or engage Influencers outside of the Site or Platform, or use any information provided by Viral Boost to circumvent the engagement of Influencers through the Site and Platform.
You must not copy, scrape, or download any Content or disclose any portion of the Platform, including through the use of any engine, software, tool, agent, device, or mechanism.
Influencer’s Content provided to you in connection with a Launch must always credit the Influencer and link or reference the Influencer’s Profile Information if applicable.
You must not disclose any confidential or proprietary information of your Company or any information subject to confidentiality provisions.
You are responsible for monitoring Influencer Social Media Posts to ensure compliance with all applicable rules, laws, and regulations, including the Social Media Regulations.
You are liable for any violation of Social Media Regulations in connection with your requested Influencer Social Media Posts.
Any User Disputes must be addressed directly to Viral Boost and not to the Influencer.
If you are at fault for an Influencer’s Complaint or User Dispute, you must take action as determined by Viral Boost to resolve the issue.
You are solely responsible for any Damages caused by you, your Company, your Product(s), or the Launches to any other User, Person, or property.
You must promptly respond to all requests and provide requested documents, materials, or information related to any Influencer’s Complaints.
Viral Boost and our Affiliates will not be responsible or liable to you for any costs incurred in connection with your Company’s Complaints or any User Dispute.

b. You further represent, warrant and agree that (i) you will fund your Account and at all times maintain a positive cash balance in your Account to fully cover all expenses and costs related to your posted Brands’ Request; (ii) while you may decline to hire a Creator for any specific Brands’ Request, once you agree to engage a Creator and your Brands’ Request becomes an Accepted Request, you authorize Viral Boost to timely and fully pay such Creator from your Account for any Creator’s Content that you accept and use based on your Brands’ Request; and (iii) you may not change the pricing or fee of your Brands’ Request once it becomes an Accepted Request unless the Creator expressly agrees to any such change in writing (email sufficing).

c. If an Accepted Request includes a Social Media Request, you understand and agree that you are responsible for providing Creator all required information to ensure that all of Creator’s Social Media Posts comply with Social Media Regulations. For example, you will require that each Social Media Post includes such items to clearly, unambiguously and conspicuously disclose the Creator’s relationship as a paid endorser of your Brand, including, but not limited to using advertising and marketing hashtags such as “#ad” or “#sponsor” in each Social Media Post and adding in the following phrase as a sub-header to a Social Media Post “Paid Partnership with [the name of your Brand]…” You understand and agree that the preceding sentence is provided strictly for illustrative purposes only and Viral Boost is not making any representations or warranties that any example provided herein will adequately and fully comply with Social Media Regulations.

d. Unless and until payment is made in full to a Creator for such Creator’s Content, you understand and agree that you will not receive a right to use such Creator’s Content in any manner. Upon full payment for the Creator’s Content, all rights to such Creator’s Content shall be transferred by Creator to you; provided, however, that, subject to your express written consent, you grant Creator a perpetual, royalty-free, non-exclusive, irrevocable, worldwide license to use or publish such Creator’s Content for personal portfolio use only, including marketing of Creator’s services to other Users.

e. You agree and hereby grant to Viral Boost a perpetual, royalty-free, non-exclusive, non-transferable, irrevocable, worldwide license to use your Brand’s Marks incorporated in any Unpurchased Creator’s Content, solely for use and with respect to the marketing, promotion and advertising of the Services, the Site and the Platform; provided, however, that Viral Boost may not use your Brand’s Marks for any other purposes except stated herein, including in a way that suggests your Brand endorses Viral Boost or is associated with us in anything other than a customer relationship.

f. You agree to indemnify us and keep us indemnified against all and any expenses, losses, liabilities, Damages, costs (including reasonable legal costs) incurred or suffered by us in relation to any claims or proceedings, which arise in any way from (i) your use of the Platform, the Site and/or the Services; (ii) any breach by you of the terms of this Agreement, including any breach of your representations in this Section 3.4.1; (iii) any use of the Platform, the Site or the Services by anyone using your Account; or (iv) any claim made by a Creator concerning your interaction with them, your Brands’ Request and/or your Product(s).

g. This Section 3.4.1 shall survive termination of the Agreement.

h. You further represent, warrant and agree that (i) you will provide us with correct and accurate information regarding your ACH, Paypal or Venmo account (your “Payment Account”) in order for us to pay you on behalf of a Brand in connection with your Accepted Request; and (ii) you will keep all such Payment Account information up to date and accurate and understand that in no event will we be liable or responsible to you for non-payment of any fees due to you by a Brand.

i. If an Accepted Request includes a Social Media Request, you understand and agree that you are responsible for reviewing all Social Media Regulations, including the specific policies of a Social Media Platform on which you post a Social Media Post, to ensure that all of your Social Media Posts comply with applicable Social Media Regulations. For example, in each of your Social Media Post you will include such items to clearly, unambiguously and conspicuously disclose your relationship as a paid endorser of the Accepted Brand, including, but not limited to using advertising and marketing hashtags such as “#ad” or “#sponsor” in each Social Media Post and adding in the following phrase as a sub-header to a Social Media Post “Paid Partnership with [the name of Accepted Brand]…” You understand and agree that the preceding sentence is provided strictly for illustrative purposes only and Viral Boost is not making any representations or warranties that any example provided herein will adequately and fully comply with Social Media Regulations.

j. You hereby grant to the Accepted Brand an irrevocable royalty-free license to use and exploit your Creator’s Content for any purpose except as limited by the terms of this Agreement. Unless and until payment is made in full to you your Creator’s Content, you understand and agree that you will retain all rights to such Creator’s Content created in connection with an Accepted Request. Upon full payment for your Creator’s Content, all rights to such Creator’s Content shall be transferred by you to the Brand; provided, however, that, subject to a Brand’s express written consent, the Brand may grant you a perpetual, royalty-free, non-exclusive, irrevocable, worldwide license to use or publish such Creator’s Content for personal portfolio use only, including marketing of your services to other Users. You understand that you will have no right, interest or title to any Intellectual Property Rights provided by the Brand which shall remain the property of the Brand.

k. You hereby grant to Viral Boost a perpetual, royalty-free, non-exclusive, non-transferable, irrevocable, worldwide license to use Unpurchased Creator’s Content, solely with respect to the marketing, promotion and advertising of the Services, the Site and the Platform.

l. In posting any Creator Submitted Content, you expressly agree, represent and understand that:

You are solely responsible for any and all Creator Submitted Content you post on the Site;
You have obtained all necessary and applicable licenses, waivers or consents required to be obtained by you with respect to your Creator Submitted Content and such Creator Submitted Content is of your own original work and does not infringe, misappropriate or violate the Intellectual Property Rights, proprietary rights or privacy rights of any third party;
The Site is available to the public and, therefore, any information you consider confidential should not be posted on the Site and, except as described herein, any communication which you post on any public area of the Site is considered to be non-confidential;
We may reveal your identity and whatever information we know about you to any law enforcement agent or official in the event of legal action arising from any Creator Submitted Content posting by you;
We cannot and do not screen content provided by you to the Site or through the Services. Notwithstanding the foregoing, we reserve the right to monitor and approve content on the Site and to remove content, which we, in our sole discretion, determine to be harmful, offensive, or otherwise in violation of the Viral Boost’ Agreement or our operating policies for Users;
You automatically grant to Viral Boost and to all Users a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display (collectively, “Reproduction”) any Creator Submitted Content, materials or other information (including without limitation, ideas contained therein) you post;
You automatically grant to Viral Boost a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use your Creator Submitted Consent for commercial purposes, including the sale and resale of the Creator Submitted Consent; provided, however, that upon the sale of such Creator Submitted Consent, Viral Boost shall pay you a fee as set forth in your Account;
You may remove any Creator Submitted Content you post from the Site at any time, but such removal does not terminate the license granted to us or to Users as set forth herein;
Your Profile Information may be associated with your Creator Submitted Content, and you hereby grant us and to all Users a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use your Profile Information in association with your Creator Submitted Content;
You shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in any Creator Submitted Content you post;
No compensation of any kind will be paid to you (except as provided in connection with an Accepted Request or as set forth herein) with respect to the use or Reproduction or sale or resale of your Creator Submitted Content, as provided herein;
You authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of such content on the Site;
If you post Creator Submitted Content which contains Creator’s Content created specifically for a Brand in connection with an Accepted Request, you shall only do so with the written approval of such Brand, and will not include any Intellectual Property Rights of such Brand unless approved in writing by the Brand; and
You hereby release and hold harmless Viral Boost and its Users from any and all claims that may arise out of or in connection with the use of or Reproduction or sale or resale of your Creator Submitted Content including, without limitation, any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite or distorted form, whether intentional or otherwise, that may occur or be produced in the taking of any of such photographs, portraits or other materials or in any subsequent processing thereof.

m. You agree to indemnify us and keep us indemnified against all and any expenses, losses, liabilities, Damages, costs (including reasonable legal costs) incurred or suffered by us in relation to any claims or proceedings, which arise in any way from (i) your use of the Platform, the Site and/or the Services; (ii) any breach by you of the terms of this Agreement, including any breach of your representations in this Section 3.4.2; (iii) any use of the Platform, the Site or the Services by anyone using your Account; or (iv) any claim made by a Brand or its Brand Representative concerning your interaction with them or your Creator’s Content.

n. This Section 3.4.2 shall survive termination of the Agreement.

Disputes. As set forth in Section 3.4.1 and 3.4.2, you will promptly notify us and will address any and all Brand Complaints, Creator Complaints or User Dispute, as applicable, directly to Viral Boost for resolution and not to such Brand or Creator. We will use commercially reasonable efforts to resolve any Brand Complaints, Creator Complaints and/or User Disputes between a Brand and a Creator. Should we determine that a party is at fault (our “Determination”), such party shall, as applicable, pay for such Creator’s Content or provide new Creator’s Content in connection with a Brand’s Request. You may disagree with or choose to dispute our Determination and initiate a Legal Action with respect to such Brand Complaints, Creator Complaints or User Dispute, as applicable. Any and all fees owed to you shall be held by us until final resolution of such Legal Action (the “Fee Withholding”). If we are required to participate in any such Legal Action for any reason or if you, as either a Creator or Brand, intend to obtain an order from any arbitrator or any court that might direct Viral Boost or our Affiliates to take or refrain from taking any action in connection with a Legal Action, you will (a) give us at least five business days’ prior notice of any related hearing (a “Hearing”); and (b) include in any such order a provision that the losing party in any Legal Action will be responsible and liable for paying any fees and costs, including our attorney’s fees, incurred by us in connection with our participation, involvement or attendance at any such Hearing or Legal Action. Notwithstanding anything to the contrary contained in this section, you understand and agree that (a) we act as a Platform for the Services only and that we are not responsible in any manner for any fees or Damages incurred in connection with a Brand Complaints, Creator Complaints, User Disputes and/or Legal Action; and (b) we shall have no responsibility for any act or omission of any Creator, Brand or Brand Representative in any way whatsoever, including each of their compliance with any of an Accepted Request or any term of this Agreement.

4. FEES

You agree to pay all fees associated with use of the Services and agree to review your Account and the terms of the Accepted Requests for all applicable fees (the “Fees”). We may modify or revise the Fees at any time, in our sole discretion (each change a “Fee Change”), with written notice to you through your Account or by email sent to the email address you provide us in your Account. We use Stripe as our third party service provider and processor (the “Processor”) for payment services (e.g., credit card transaction processing, merchant settlement, and any related service fees). By using the Site and Services, you agree to be bound by Processor’s Terms of Service and other applicable service agreements (currently accessible at: https://stripe.com/ssa and Processor’s Privacy Policy (currently accessible at: https://stripe.com/privacy). You hereby consent to provide and authorize Viral Boost and Processor to share any information and payment instructions you provide to the extent required to complete the payment transactions in accordance with this Agreement, including personal, financial, credit card payment, and transaction information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT MEANS USED TO PAY ANY FEE OR CHARGE. By providing Viral Boost or Processor with your Credit Card information, you agree that Processor is authorized to immediately invoice you for all fees and charges due and payable to us hereunder and that no additional notice or consent is required. You agree to immediately notify us and Processor (as applicable) of any change to your payment and Credit Card information. You will be responsible for paying any applicable taxes relating to your payments and credits received and will indemnify and hold harmless Viral Boost and Processor from any and all taxes, including sales tax, based on any payments made or received by you in connection with your purchase of Products. Any taxes imposed on payments will be your sole responsibility. If we are legally required to report such information, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes.

5. OPERATION

The operation of the Site is solely and completely at the discretion of Viral Boost. This means that we reserve the right to take various actions, such as deleting any private messages that have not been accessed by a User within the time period outlined in our policies. Additionally, we may choose to make certain information regarding Users available to third parties, subject to the terms and conditions set forth in Section 2. Furthermore, we retain the right to withdraw, suspend, or discontinue any functionality or feature of the Site as we see fit.

6. FEEDBACK

On occasion, we may give you the opportunity to share comments or feedback with us through the Site. All comments or ratings provided by you on the Site will be considered ″Feedback.″ By giving us Feedback, you grant us a worldwide, non-exclusive, perpetual, royalty-free, unrestricted, irrevocable license to use, reproduce, distribute, modify, adapt, sublicense, transmit, create derivative works of, publish, publicly perform, and/or display any materials or other information you submit to us. This includes any new or improved products or services ideas you may have shared. You understand that your Profile Information may be linked with your Feedback and posted on the Site, and you grant us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use your Profile Information in association with your Feedback. You agree not to hold us liable for any infringement or misappropriation of your proprietary rights in your communication to us. Additionally, you acknowledge that you will not be compensated for your Feedback and that we reserve the right to remove any Feedback from the Site at our discretion. When you provide Feedback, you give us permission to make any copies necessary to facilitate the posting and storage of such content on the Site.

7. CONTENT AND GENERAL DISCLAIMERS

The Site Disclaimer. The site is provided on an ″as is″ and ″as available″ basis, and Viral Boost makes no representation or warranty of any kind, whether express or implied, as to the operation of the site, or the information, content, materials, or products included on the site. We disclaim all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. We do not guarantee that access to or use of the services will be uninterrupted or error-free, and we are not responsible for human or machine errors, omissions, delays, interruptions or losses, including loss of data. We do not warrant or guarantee that files available for downloading from the site will be free of viruses, worms, Trojan horses, or other harmful components. We also do not guarantee that the functions or service accessed through the services will be uninterrupted or error-free, or that defects in the site will be corrected. This disclaimer of warranty constitutes an essential part of these terms. If you are dissatisfied with any portion of the service or with any of these terms, your sole and exclusive remedy is to discontinue using the service. We reserve the right to change the service or its features at any time and for any reason. Although we strive to provide accurate information on the site, we do not assume any responsibility for the accuracy or completeness of the information provided.

Disclaimer of Personal Opinions. The views expressed on the Site are solely those of the individual authors and do not necessarily represent the views of Viral Boost, even if the authors are employed by us. The content provided is for informational and entertainment purposes only, and Viral Boost makes no endorsement or representation of any opinion or other commentary posted on the Site or any third-party website linked to the Site. We assume no responsibility or liability for the accuracy, completeness, or legal compliance of any content.

Third-Party Content Disclaimer. By using the Site and Services, you acknowledge and understand that you may encounter third-party content from various sources, and Viral Boost is not liable for any inaccuracy, usefulness, safety, or intellectual property rights of such content. You waive any legal or equitable rights or remedies you may have against Viral Boost with respect to such content.

Links to External Sites. The Site may contain links to third-party websites, and you agree that access to such sites is at your own risk. Viral Boost is not responsible for the accuracy, availability, or reliability of any information, goods, data, opinions, advice, or statements on such websites. You understand that these links may unintentionally lead to websites containing offensive or inappropriate information, and Viral Boost is not liable for any damage or loss arising from or in connection with the use of such sites. These links are provided for convenience only and do not imply endorsement or recommendation by Viral Boost. It is your responsibility to comply with any privacy policies and terms of use posted on such sites.

8. INDEMNIFICATION

By accepting these terms and conditions, you agree to defend, indemnify, and hold harmless Viral Boost and its affiliates from any losses, expenses, damages, and costs, including reasonable attorney’s fees, resulting from any action, claim, suit, or demand arising out of (a) your breach of the Viral Boost agreements; (b) your violation of the representations made herein; (c) any activity related to your use of the services, including any infringement of third-party intellectual property rights or any negligent or wrongful conduct; (d) any use or damages related to modified content; and (e) your non-compliance with, violation of, or breach of any social media regulation.

9. WAIVER AND RELEASE

By accessing and using the Site, Services, Content or Materials provided by Viral Boost and our affiliates, you agree that we shall not be liable to you for any claims, damages, or indemnity under any theory of liability arising from various circumstances such as (A) your use of the Site, Services, Content or Materials; (B) your purchase or use of any Creator’s Content; (C) any mislabeling, misrepresentation, or inaccurate information provided by a Creator regarding their content; (D) any mislabeling, misrepresentation, or inaccurate information provided by a brand or its representative regarding their requests, trademarks, product, or project; (E) the use of any modified content; (F) a brand or Creator’s violation, non-compliance with or breach of any social media regulation; (G) our determination; (H) the fee withholding; (I) any fee changes, provided that we have notified you of such changes; (J) our use, sale, or resale of Creator-submitted content; or (K) any legal action. These claims shall collectively be known as the ″Released Claims.″

You acknowledge and agree that Viral Boost and our affiliates shall not be responsible or liable for any defamatory, offensive, or illegal conduct of any third party, and that any risk of harm or damage from the foregoing rests entirely with you. You release and waive any and all claims against Viral Boost and our affiliates, including claims based on negligence, for any losses or damages sustained in connection with the Released Claims.

10. LIABILITY LIMITATION

Notwithstanding anything to the contrary herein, Viral Boost and its affiliates will not be held liable under any theory of law for any indirect, incidental, punitive, or consequential damages, including but not limited to, loss of profits, business interruption, loss of information or data, or costs of replacement goods. Such damages may arise out of the use or inability to use the site or resulting from the use of or reliance on the information presented, even if Viral Boost may have been advised of the possibility of such damages. The Site is controlled and offered by VIRALBOOST LLC from the United States, and Viral Boost makes no representations that the Site is appropriate or available for use in other locations. Anyone accessing or using the Site from other jurisdictions does so at their own discretion and is responsible for complying with local law.

By using our services, you agree that VIRALBOOST LLC and our affiliates have no responsibility or liability to you related to the released claims. It is possible that certain jurisdictions may not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply, and you may have additional rights.

11. COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT NOTIFICATION

We uphold the rights of intellectual property holders and take copyright infringement seriously. If you believe that your copyright or other intellectual property has been infringed, please contact us with the following information:

Your physical or electronic signature or that of an authorized representative acting on behalf of the copyright or intellectual property owner;
A description of the copyrighted work or intellectual property that you claim has been infringed;
Information about where the material that you claim is infringing can be found on the Site;
Your contact details, including your address, telephone number, and email address;
A statement from you that you have a good faith belief that the use of the material in question is not authorized by the copyright owner, its agent, or the law;
A statement from you that the information provided in your notice is accurate and that you are either the intellectual property owner or authorized to act on their behalf under penalty of perjury.

To report any such claims, please contact us at contact@viralboost.me or send a written notice to VIRALBOOST LLC at 17350 State Hwy 249, Ste 220 #15292 Houston, Texas 77064, designated as the agent to receive and act on copyright violations under the Digital Millennium Copyright Act (″DMCA″). Upon receipt of your claim, we will review all claims of copyright infringement and remove any content that is found to be in violation of applicable laws.

12. TERM AND TERMINATION

This Agreement may be terminated by either party for any reason at any time. If you fail to comply with the terms of the Viral Boost Agreements, this Agreement may be terminated without prior notice. We also reserve the right to suspend or terminate your Account and access to the Site and Services without notice. You will be responsible for all obligations and costs incurred prior to termination, including completing any Accepted Requests and paying for any Creator’s Content purchased. The provisions of certain sections, including Proprietary Rights, User Representations, User Restrictions, Use of Services, Feedback, Content and General Disclaimers, Indemnification, Waiver and Release, Limitation of Liabilities, Term and Termination, and Miscellaneous, as well as any right or obligation of the parties in the Viral Boost Agreements that is intended to survive termination or expiration by their express terms or nature and context, shall survive the termination of this Viral Boost Agreements.

13. PRIVACY RIGHTS

Viral Boost takes the protection of privacy and information gathered from users seriously. By registering for the Services, you agree not to use them to track or collect personally identifiable information of Users. To learn more about our privacy policy, please visit https://viralboost.me/privacy and review it in full.

14. EXPORT CONTROLS

It is your responsibility to ensure that you comply with all export regulations, restrictions, and laws of the Department of Commerce, the United States Department of Treasury’s Office of Foreign Assets Control (“OFAC”), and any other applicable foreign or domestic agency or authority. You may not export or permit the export of the Material in violation of any such laws, restrictions, or regulations. By downloading or using the Material, you agree to abide by these rules and represent and warrant that you are not situated in, under the authority of, or a citizen or inhabitant of any restricted nation or listed entity.

15. MISCELLANEOUS

This agreement is subject to the laws of the State of Texas and will be interpreted according to those laws. Any legal action or proceeding arising from this agreement or the obligations of the parties under this agreement shall be exclusively brought in a competent court in Texas, United States. Any claims or causes of action against Viral Boost must be filed within one (1) year after the claim or cause of action arises. Failure by Viral Boost to enforce any provision of this agreement does not waive its right to enforce that provision or any other provision in the future. Any waiver of a term, provision or condition of this agreement is only effective if it is in writing and signed by the party making the waiver. This agreement, along with the Creator Agreement, the Brand Agreement and the Privacy Policy, represents the entire agreement between the parties and replaces all prior communications, representations and understandings, whether oral or written. If legal action is necessary to enforce this agreement, the prevailing party will be entitled to reasonable attorney’s fees and costs. If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions will remain in effect. This agreement does not create any third-party beneficiary rights. Viral Boost may assign its rights and obligations under this agreement to any party without prior notice.

16. NOTICE

Under this Agreement, we reserve the right to provide you with notices through electronic mail or by posting a general notice on the Site. If you need to contact Viral Boost for any reason, you may do so by sending an email to contact@viralboost.me