Social Transactional Network, Inc. Terms and Conditions of Use for Business Users

Effective Date: These mavens list Terms and Conditions of Use for Business Users were last updated on December 16, 2019.

 

Welcome to the First Social Transactional Network- Mavens List!

 

 The terms listed here can be found on our website www.mavenslists.com. 

 

With a simple creation of your profile, your business, organization, or individual entity will gain access to Influencers across the globe and will be afforded the potential to create and send offers (“Offers”) to Influencers who can accept, reject, or counter offers directly from business owners (“Direct Offers”) and apply to offers posted for which you choose the criteria (“Universal Offers”).  When you log into mavens list, an elite global echelon of beneficial Influencers is at your fingertips. This application was founded to make it straightforward, easy, safe, and convenient to send offers to Influencers and pay them across the globe. 

 

1. Introduction; Service; Binding Agreement. The mavens list Terms and Conditions of Use for Business Users (the “Agreement”) set forth below constitute the Agreement between you, the prospective business client or user who visits our website and/or downloads our App (“Business User”, “you”, “your”), and Global Entertainment Matrix, LLC (“mavens list”, “us”, “we”, “our”), with respect to your use of our website located at www.mavenslists.com (the “Site”) or our mavens list app (the “App”) and your use of the service we offer (“Service”). The Service enables Business Users to access and solicit celebrities and influencers, such as social media stars and politicians, directly or through their agents or representatives (collectively, “Influencers”) for potential business opportunities, including, without limitation: marketing and entertainment promotions, in-store appearances, social media placements, print media, commercial endorsement deals, table appearances, and other sponsorships and branding opportunities in order to promote your business and its brands based on your local, national and global market needs. You can submit offers to these Influencers in real-time directly, avoiding the hassle of a middle man, and enter into a contract with the extensive list of pre-qualified Influencers who are participating in the Service directly. When you use the Site, or download the App, whether to visit and browse, or subscribe to the Service, you accept and agree to be bound by this Agreement and our Privacy Statement. If you do not agree to this Agreement or our Privacy Statement, you should immediately cease using the Site and App.

2. Modification of this Agreement. We reserve the right at any time, to modify, alter, or update this Agreement, i.e., the terms and conditions set forth below, without prior notice. Modifications shall become effective immediately when we post them on the Site and in the App. We will try to update the Effective Date, above, each time we modify any of the Terms and Conditions of Use of the Service. Accordingly, you should check the date at the top of this Agreement, which indicates the date of last revision of this Agreement, and review the Agreement if the date has changed since the last time you visited mavens list, as this version applies to you. Your continued use of the App, Site or Service after any update or modifications are posted constitutes your acceptance of the Agreement as modified and you agree to be bound by such modifications, alterations or updates.

3. Age of Users; Authorization. This Service, Site and App are intended only for people who are at least 18 years old. By using the Service, you represent that you are at least 18 years old. When you subscribe to the Service on behalf of a business, you represent that you are legally authorized to bind the business enterprise contractually. Once you enter into a subscription, you may be referred to herein as a Business User.

4. How the Service Works

A. We hereby give you a limited license to browse the Site and App to use the Service in accordance with this Agreement. We also grant you a limited, nonexclusive, non-transferable license to download the App onto any authorized device you own or control, and run such App for your use in accordance with this Agreement, which expressly does not include copying or modifying Site Content or the App.

B. Once you apply and are accepted as or on behalf of a Business User, and accept this Agreement, you will be able to create an online account and an in-app profile for your business by following our prompts to choose your own User Identification (“User ID”) and Password. Thereafter, you enter your login credentials (User ID and Password) anytime you wish to access your account. Should you ever forget or misplace your login credentials, you can request new credentials from us and our system will generate new login credentials for you. With such access, you can engage Influencers contractually to undertake promotional, marketing and social media activities for your business enterprise, as well as entertainment bookings.  Such engamavens listent could give your business a competitive edge, choosing from an array of online, in-person, social network and other activities featuring the Influencer (“Activities”) that you can use to benefit your business and its brands. 

C. Once you have created your online account and profile based on the Influencer’s profile on the App or Site, you will then use the in-App Offer/proposal forms to prepare an online Offer intended for your desired Influencer, setting forth the Activities that you want, the timing and the fee offered.  Using the Directory feature, you can filter and/or search for Influencers and send an influencer a Direct Offer that includes (1) a description of the service you are seeking, (2) your budget, (3) the dates(s) on which the services are to be performed, and (4) the Deal Points (collectively, the “Offer Details”).  You can also make a Universal Offer for which qualified Influencers can apply. Universal Offers will also include the Offer Details.  Universal Offers can be found by Influencers in the Offer Feed section in the Main Menu of the App.  A key difference between Direct Offers and Universal Offers is that with Direct Offers the Influencer has the ability to counter the offer and negotiate terms.  With Universal Offers, a fixed offer will be made to which Influencers can apply.  You will be able to browse the Influencers who responded to and applied for the Universal Offer and either reject or accept the Influencer applicants. Once an Offer is accepted, both you and the Influencer will be required to confirm the Offer agreement reached.  The confirmation process for a Business includes (1) re-accepting the Offer Details, (2) re-accepting the Terms and Conditions of use of the App, (3) Signatures, and (4) the transfer of funds to the mavens list Vault. At times we will have to exercise our sole discretion in the event that the parties are unable to reach an agreement over performance of the Activities/Contract or a mavens list Vault release, to determine when, whether and how much of the mavens list Vault funds to release to the Influencer. 

5. Payment and Fees. There currently is no required annual subscription fee for a Business User, and you get unlimited direct access to our expanding list of Influencers. You never have to pay more than the Contract amount agreed with the Influencer. mavens list will not hold any bank information, all of which will be maintained by mavens list’s third-party payment processor, which is PCI-compliant. In such manner, sensitive payment information about you and/or your business will be maintained securely in conformity with applicable financial and data security requirements.

6. Ownership and Copyright. All content included on the Site and in the App, including text, graphics, logos, buttons, software, code, data, icons, photographs, videos, images, articles and advertising and the overall look and feel of the Site and this particular compilation of content constituting the Site (collectively, “Content”), is the property of mavens list, the Influencers, mavens list’s licensors, and its content suppliers, as appropriate, and is protected by U.S. and international copyright laws and international treaties. Ownership of the Content includes ownership of the corresponding intellectual property rights, which includes all copyrights, moral rights, trademarks and service marks, patent rights, any trade secrets, database rights and rights of publicity (“IPR”). Your use of the Site, App and/or Service does not give you ownership of any Content or IPR that you may access, except for limited rights granted in this Agreement to enable you to browse the Site/App and use the Service. Any rights not granted to you are expressly reserved to mavens list.

7. Trademark. mavens list and our logos and all trademarks, service marks, and trade names appearing in the App or on the Site are the property of mavens list or of the respective owners that have granted mavens list the right to use such marks. No such marks or trade names can be used by you without express written consent.

8. Confidentiality. In the course of your use of the Service, you may come into contact with Content and/or nonpublic information about our Influencers, including images of such Influencers, some of which is protected by publicity rights. You agree that all such nonpublic information shall be maintained by you with the strictest confidentiality, for the term of this Agreement plus ten (10) years, unless otherwise agreed between you and the Influencer in a Contract.

9. Registration and Account Security. Businesses and their authorized representatives who enter into agreements with mavens list or Contracts must provide their real names and information when you are prompted to sign in and/or create an account. Here are some commitments you make to us related to registering and maintaining the security of your account and the Service: (a) You will not provide any false information to mavens list, or create an account for anyone other than yourself or your business without permission. (b) You will keep your contact information accurate and up-to-date. (c) You will not share your User ID or Password, let anyone else access your account (except authorized users in your business enterprise), or do anything else that might jeopardize the security of your account. (d) Registration and use will be limited to countries of mavens list’s choice.

10. Safety and Security; Prohibited Acts. We do our commercially reasonable best to keep the Site, App and Service safe and secure, but no absolute safety or security can be guaranteed. The Site and App will run off servers maintained in a state-of-the-art third party data center, which adheres to stringent security protocols. We need your help to keep the Site/App safe, including the following commitments: (a) You will not send or otherwise post unauthorized commercial communications (such as spam). (b) You will not collect information or otherwise access the App, Site or Service, using automated means (such as harvesting bots, robots, spiders or scrapers, screen scraping or database scraping) without our permission. (c) You will not upload or share viruses or other malicious code. (d) You will not solicit login information or access an account belonging to someone else, or attempt to obtain unauthorized access to computer systems, materials or information through any means. (e) You will not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the App, the Service or the Service's features and services, or any Content thereof, or make any unauthorized use thereof. (f) You will not bully, intimidate or harass any Influencer or anyone else using the App, Site or Service, or engage in any activity that could be considered defamatory or discriminatory. (g) You will not use the Service or its features in any manner that violates the rights of any Influencer, third party or applicable law, or facilitate or encourage any violations of this Agreement or of applicable law. (h) You will not try to circumvent the Service by approaching any of the Influencers listed on the Site or in the App outside of the Service in connection with any advertising, promotion or public relations Activities on your own behalf or on behalf of any business with which you are associated or employed. In the event that you violate this noncircumvention prohibition, you will immediately have your subscription to the Service terminated.  Additionally, as liquidated damages and not a penalty, mavens list shall be entitled to payment of twice the amount of any compensation you paid to the Influencer outside the Service for Activities that could have been undertaken via the Service, plus an award of all costs incurred in recovering any such compensation, including but not limited to, reasonable attorneys’ fees and costs.

11. Third-Party and/or Linked Websites. We may include links to other websites as a convenience for you. We are not responsible for any linked websites, and when you or anyone authorized by you to use the Service leaves the App or Site to link to another website, you and such other person are subject to the Terms of Use/Service and Privacy Statement on that website (if any), and not this Agreement. We disclaim any liability for your visit to or use of any linked third-party websites.

12. Actions We May Take. (a) We may make any inquiries that we consider necessary, either directly or through third parties, concerning your account. (b) We may cancel any transaction if we believe the transaction violates this Agreement, any applicable local, state or federal law, or if we believe doing so may prevent financial loss. (c) We may contact law enforcement, or impacted affected third parties (including other users) and share details of any payments associated with you if we believe doing so may prevent financial loss or a violation of law. (d) If your payment method fails or your account is past due, we may take steps to collect past due amounts using other collection mechanisms. You agree to pay all expenses associated with such collection, including reasonable attorneys' fees and costs. Interest will accrue on any past due amounts at a rate equal to the lesser of 1% per month or the lawful maximum.

13. Disputes; Governing Law; Indemnity

a. In the event of a dispute between you and an Influencer, you may request that we get involved to try to resolve it. While we are not required to get involved, we generally try to make sure that you achieve satisfaction using the Service, and that the Influencers are providing valuable services/Activities also.

b. In the event of a dispute with us, we will try very hard to resolve it through communication with you. If we are unable to resolve the dispute in this manner, then any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by final and binding arbitration in Los Angeles County, California, before a single arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, and the arbitrator shall apply the laws applicable in the State of California. Judgment on the award may be entered in any court having jurisdiction thereof. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator shall, in the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees (and accountant’s fees) of the prevailing party, for payment by the non-prevailing party, and shall determine the prevailing party for this purpose.

c. The laws of the State of California will govern this Agreement, as well as any claim that might arise between you and us, without regard to its conflict of law provisions.

d. If anyone brings a claim against us related to your action, omission, or content in connection with the Service, any Activity or Contract, you will indemnify and hold us harmless from and against all damages, losses and expenses of any kind (including reasonable legal fees and costs) related to such claim.

14. Warranty. WE TRY TO KEEP THE SITE, THE APP AND THE SERVICE ACCESSIBLE, UP TO DATE, BUG-FREE AND SECURE, BUT USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE APP, SITE AND SERVICE “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINmavens listENT. WE DO NOT GUARANTEE THAT THE SITE WILL BE SAFE OR SECURE, OR THAT YOU WILL BE SATISFIED WITH THE SERVICE OR ACHIEVE ALL INTENDED GOALS, FINANCIAL OR OTHERWISE. WE DISCLAIM ANY LIABILITY UNDER ANY CONTRACT, WHICH IS A MATTER STRICTLY BETWEEN YOU AND/OR YOUR BUSINESS, AND THE INFLUENCER. WE DISCLAIM ANY LIABILITY WHEN ACTING AS AN ESCROW AGENT VIA THE mavens list VAULT UNDER ANY CONTRACT, IN THE ABSENCE OF FRAUD OR WILLFUL MISCONDUCT. mavens list IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA SUBMITTED BY YOU OR OF THIRD PARTIES, AND YOU RELEASE US, OUR MEMBERS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST US OR SUCH THIRD PARTIES.  YOUR FURTHER INDEMNIFY US AGAINST ANY CLAIMS THAT ANY THIRD PARTY MAY HAVE AGAINST YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” 

15. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (I) WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR mavens list, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (II) OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR THE SERVICE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASE, mavens list’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

16. Personal Information. During your use of the Service, you will be prompted to provide certain personal information (“Personal Information”) and data about your business (“Customer Data”) to us. Our information collection and use policies with respect to the privacy of such Personal Information are set forth in our Privacy Statement [LINK] which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of Personal Information and Customer Data and represent and warrant that you will not provide any information that is inaccurate or misleading.

17. General. If any provision of these Terms and Conditions of Service/this Agreement is found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of this Agreement shall remain in full force and effect, and the parties agree to use their best efforts to give effect to the parties' intentions as reflected in the provision, in any substituted provision. Except as expressly stated in this Agreement, no rights, remedies or benefits are conferred upon any person other than you and us. This Agreement sets out the entire agreement between you and us and supersedes any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. We may assign this Agreement on written notice to you provided that the assignee agrees to be bound by this Agreement. You may not assign this Agreement without our written permission but we will not unreasonably withhold such permission. This Agreement shall be deemed entirely performed in the United States of America. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

18. Notices and Contact Information. Any legal notice must be sent to our current registered agent for service of process or to us at mavens list, c/o. For other matters you can contact us at support@mavenslists.com.

© 2020 by Social Transactional Network Inc