Last updated: May 01, 2021
- Ghostlamp End-Client Account.
- The Campaign.
- EPICs – Purchase and Spend
- Billing Errors – Expiration
- Representations and Warranties.
- DISCLAIMER OF WARRANTIES.
- LIMITATION ON LIABILITY.
- Injunctive Relief.
- Transmission of Information.
- Right to Use.
- Availability of Services.
- Third Party Services.
- Third-party links.
- Linking to our Site.
- Intellectual Property.
- Jurisdiction/Disputes/Choice of Law.
- Relationship of the Parties.
- Captions and Section Headings.
- Entire Agreement.
- Contact us.
1. Ghostlamp End – Client Account
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 Ghostlamp immediately of any unauthorized access to or use of your user name or password or any other breach of security.
You are solely responsible for all uses of your account. Your account is personal to you or the organisation for which the account was created and you agree not to allow others access or use of your account.
If you violate any Account conditions, Ghostlamp may terminate your Account at their discretion. Should Ghostlamp terminate your account, you will forfeit any information created or contained in the Services, and you may not rejoin unless Ghostlamp invites you to rejoin. If you attempt to or commit any crimes in connection with your use of the Services or in connection with your Ghostlamp Account, your account will be terminated immediately.
Ghostlamp reserves the right to hold you liable for any and all damage that Ghostlamp or their 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.
You may cancel your Account at any time by contacting your Account manager, or by 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 or any data therein.
2. The Campaign
You agree to use Ghostlamp Services to organise, operate, follow, and close a Campaign to promote your products or services. Prior to the initiation of 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.
You agree to work with us to create a Campaign Brief that:
- Describes the goods and services to be promoted
- Describes the sponsored content (e.g., a post to Instagram)
- Sets forth the relevant Sponsored Content Guidelines and Endorsement Guidelines
Ghostlamp will distribute the campaign brief to i influencers who have to 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
3. EPICs – Purchase and Spend.
EPIC stands for Engagement Per Influencer Campaign. Ghostlamp reserves the right to change the cost of an EPIC at any time. It is your responsibility to check the current price before purchasing EPICs
You authorise 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 made using your Account.
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 services or performance, please contact your Account manager at Ghostlamp. After having your request investigated, Ghostlamp pay, in its sole discretion, offer you assistance on your next campaign, credit you with the compensatory EPC, or offer other assistance.
Any fraudulent reporting of lost or stolen credit card used to obtain services from Ghostlamp’s Site, or any fraudulent reporting of an unauthorized charge from Ghostlamp’s Site on your credit card, at a time when a charge or other obligation for payment for your use of Ghostlamp’s site remains outstanding shall constitute a breach and you shall be liable to Ghostlamp for liquidated damages in the amount of $25,000,00þ The liability for liquidated damages specified in this section shall not limit any other liability you may have tfr the breach of any other terms, conditions, promises, and warranties set forth in this Agreement.
4. Billing Errors – Expiration
If you believe that you have been billed erroneously, please notify us immediately of such error at firstname.lastname@example.org. If you do not notify us within thirty days of the date of the suspected erroneous bill, you agree to waive any claim that the charge was erroneous, including through your credit card issuer, and you release Ghostlamp from all liabilities and claims resulting or related to any such errors.
If you purchased EPICs and do not use them for a period greater than 6 months, they will expire and become unusable. Ghstlamp does not offer refunds on expired EPICs
5. 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;
Ghostlamp and its End-Client acknowledge and agree that in the course of organisation, 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:
- Disclose such Confidential Information to any third party without the prior written consent the disclosing party
- Will notify the disclosing party if you become aware of any breach of confidentiality in any manner; or
- Use the Confidential Information For any purpose other than to carry out the services contemplated hereunder.
Ghostlamp reserves the right to take over the exclusive defense of any claim for which Ghostlamp is entitled to indemnification under this Section. In such an event, you shall provide Ghostlamp with such cooperation as is reasonably requested by Ghostlamp.
8. 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.
9. 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 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.
10. Injunctive Relief
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.
13. 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 is Ghostlamp responsible for any data lost during transmission.
14. Right to Use
Your right to use the Service is subject to the limitations, conditions, and restrictions established by Ghostlamp from time to time, at their sole discretion. Ghostlamp may alter, suspend, or discontinue any aspect of the Services at any time, including the availability of any feature, database, or content. Ghostlamp 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.
15. 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.
16. Third Party Services
17. Third – Party Links
Ghostlamp may provide links to third-party websites. Because Ghostlamp has no control over such websites, you agree that Ghostlamp is not responsible for the availability of such websites and Ghostlamp is 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 Ghostlamp 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. Ghostlamp reserves 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.
18. Linking to Ghostlamp’s Site
You may link only to Ghostlamp’s home page, provided you do so in a way that is fair and legal and does not damage Ghostlamp’s 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 Ghostlamp’s 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. Ghostlamp reserves the right to withdraw linking permission without notice.
19. Intellectual Property
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 Ghostlamp. Ghostlamp asserts all applicable protection in the information presented through the Services. Any information shared or posted by Ghostlamp is protected whether or not it is identified as proprietary to Ghostlamp. 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.
20. 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 of 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.
22. 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.
23. Caption and Section Headings
The section headings used herein are for convenience only and shall be of no legal force or effect.
24. Entire Agreement
All modifications to this Agreement must be in writing and agreed and signed by duly authorized representatives of both parties.
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.
28. Contact us
If you have any questions or comments, please email us at email@example.com.