form the agreement between Ghostlamp ehf. (“Ghostlamp,” or "we" or
"us") and you ("You", "Your" or
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
1. Ghostlamp End-Client Account.
2. The Campaign.
3. EPICs - Purchase and Spend.
4. Billing Errors, Expiration.
5. Representations and Warranties.
9. LIMITATION ON LIABILITY.
10. Injunctive Relief.
13. Transmission of Information.
14. Right to Use.
15. Availability of Services.
16. Third Party Services.
17. Third-party links.
18. Linking to our Site.
19. Intellectual Property.
20. Jurisdiction/Disputes/Choice of Law.
22. Relationship of the Parties.
23. Captions and Section Headings.
24. Entire Agreement.
28. Contact us.
Ghostlamp End-Client Account.
Creating an Account. You may
only create one Account (“Account”) on Ghostlamp. We will use the information you provide in
accordance with our Privacy
Notice. By creating an account, you
represent and warrant that all 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. You should treat all Account
information (such as user names, passwords, and other related information) as
confidential and you should not disclose them to any other person or entity.
You agree to notify us immediately of any unauthorized access to or use of your
user name or password or any other breach of security.
Personal Account. You are
solely responsible for all uses of your Account. Your Account is personal to you or the
organization for which the Account was created and you agree not to allow
others access or use of your Account.
Account Termination by
Ghostlamp. If you violate any Account conditions, we may terminate your Account
in our discretion. Should we terminate your Account, you will forfeit any
information created or contained in the Services, and you may not re-join
unless we invite you to re-join. If you attempt to or commit any crime in
connection with your use of the Services or in connection with your Ghostlamp
Account, your Account will be terminated immediately. We reserve the right to
hold you liable for any and all damage that Ghostlamp or our 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.
Account Cancellation By
User. You may cancel your Account at any
time by contacting us at the email address provided in the “Contact Us” section
of this agreement. If you cancel your
account, you will no longer have access to Ghostlamp and any data therein.
You agree to use our Services to organize,
operate, follow and close a Campaign to promote your products or services. Prior to the initiation any Campaign, you
agree to purchase the EPICs necessary for such Campaign. As part of a Campaign, you agree to provide
us with the relevant Sponsored Content Guidelines and Endorsement Guidelines
for the jurisdiction of the Campaign, and you agree to work with us to create a
Campaign Brief that (a) describes the goods and services to be promoted, (b) describes
the sponsored content (e.g., a post to Instagram), (c) sets forth the relevant Sponsored
Content Guidelines and Endorsement Guidelines, and (d) provides the compensation
amount and payment terms. We then will distribute the Campaign Brief to
influencers who have the option to accept your Campaign.
You agree that Ghostlamp is offering the
work opportunity to influencers, and that if any influencers should contact you
as a result of a Ghostlamp Campaign that you will notify Ghostlamp.
EPICs - Purchase and Spend.
EPIC stands for Engagement Per
Influencer Campaign. We reserve the right to change the cost of an EPIC at
anytime. It is your responsibility to check the current price before purchasing
You authorize Ghostlamp (and
its third-party service providers) to use the payment method (credit card or
other payment method) selected by you to pay for your purchases of EPICs, or
for any additional services or information provided by us.
You are personally liable for
any purchase(s) of EPICs or expenditure(s) of EPICs made using your Account.
If within two weeks of the
purchase of EPICs, you are not satisfied with our service or performance,
please contact us at the email address provided in the “Contact Us” section of
this agreement with the reason(s) for the request. After we have investigated your request,
Ghostlamp may, in its sole discretion, offer you assistance on your next
campaign, credit you with compensatory EPICs, or offer other assistance.
Any fraudulent reporting of a
lost or stolen credit card used to obtain services from our Site, or any
fraudulent reporting of an unauthorized charge from our Site on your credit
card, at a time when a charge or other obligation for payment for your use of our
Site remains outstanding shall constitute a breach and you shall be liable to
Ghostlamp for liquidated damages in the amount of $25,000.00. The liability for
liquidated damages specified in this section shall not limit any other
liability you may have for the breach of any other terms, conditions, promises
and warranties set forth in this Agreement.
Billing Errors, Expiration.
Billing Error. If you believe that you have been billed
erroneously, please notify us immediately of such error at email@example.com. If you do not
notify us within thirty days of the date of the suspected erroneous bill, then
you agree to waive any claim that the charge was erroneous, including through
your credit card issuer, and you release us from all liabilities and claims
resulting or related to any such error.
Expiration of EPICs. If you purchased EPICs and do not use them
for a period greater than 6 months, they will expire and become unusable.
Ghostlamp does not offer refunds for expired EPICs.
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, or if you
are creating an Account in the name of an entity or organization, that you have
the authority to do so, and are not impaired in this ability;
any information you provide is
only about yourself, or the Account-holder entity, 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 Account,
and that you will be responsible for all uses of your Account;
you will provide any relevant Sponsored
Content Content Guidelines and Endorsement Guidelines, and any applicable laws
and regulations; and
you will only use the Sponsored
Content for the Campaign. If you wish to
re-use Sponsored Content for a different purpose, please contact Ghostlamp.
Ghostlamp and its End-Client acknowledge
that in the course of organizing, operating, following and closing a Campaign
both parties may acquire certain Confidential Information. “Confidential
Information” consists of all proprietary information disclosed by one party to
the other party including information such as marketing plans, business
strategies, rates and fees, other business, technical and financial
information, and any other information that a receiving party should reasonably
understand is confidential. Both parties agree to not: (a) disclose such
Confidential Information to any third party without the prior written consent
of the disclosing party, (b) will notify the disclosing party 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
You agree to indemnify, defend and hold harmless
Ghostlamp, its agents 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.
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.
LIMITATION ON LIABILITY.
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 VALUE OF EPICS PURCHASED BY YOU WITHIN THE
LAST SIX MONTHS.
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 AN
INFLUENCER HIRED BY GHOSTLAMP.
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
In the event of a breach of this Agreement
by either party, the sole remedy will be to seek monetary damages and in no
event will either party have the right to seek injunctive relief.
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
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 .
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.
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
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.
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[HP6] , as necessary to implement such features.
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.
Linking to our Site.
You may link 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.
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 by each Account
(collectively, “Intellectual Property”). Except as may be expressly granted
herein, and necessary for your use of the Services, Ghostlamp grants you no
right, license, title, or interest in or to any of Ghostlamp 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.
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.
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.
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.
Captions and Section
The section headings used herein are for
convenience only and shall be of no legal force or effect.
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.
All modifications to this agreement must be
in writing and agreed and signed by duly authorized representatives of both
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.
If a court of competent jurisdiction holds any
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.
If you have any questions or comments,
please email us at firstname.lastname@example.org.