All sales are final. No returns are accepted. The data you are paying to access is completely viewable after exporting a CSV file. This measure is in place to stop people from viewing and downloading the data and then asking for a refund.
The website located at http://influencerlist.today/ is a copyrighted work belonging to
InfluencerList. Certain features of the Site may be subject to additional guidelines,
terms, or rules, which will be posted on the Site in connection with such features. All
such additional terms, guidelines, and rules are incorporated by reference into these
Terms.
Cookies and Web Beacons
Like any other website, uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.
These Terms of Use described the legally binding terms and conditions that oversee your use of the Site. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have the authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.
These terms require the use of arbitration Section 10.2 on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute.
- Accounts
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Account Creation. For you to use the Site, you have to start an account
and provide information about yourself. You warrant that: (a) all required registration
information you submit is truthful, up-to-date and accurate; (b) you will maintain the
accuracy of such information. You may delete your Account at any time by following
the instructions on the Site. Company may suspend or terminate your Account in
accordance with Section
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Account Responsibilities. You are responsible for maintaining the
confidentiality of your Account login information and are fully responsible for all
activities that occur under your Account. You approve to immediately notify the
Company of any unauthorized use, or suspected unauthorized use of your Account.
Company cannot and will not be liable for any loss or damage arising from your
failure to comply with the above requirements.
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Access to the Site
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Subject to these Terms, Company grants you a non-transferable, nonexclusive,
revocable, limited license to access the Site solely for your own personal,
noncommercial use.
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Certain Restrictions. The rights approved to you in these Terms are
subject to the following restrictions: (a) you shall not sell, rent, lease, transfer,
assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not
change, make derivative works of, disassemble, reverse compile or reverse engineer
any part of the Site; (c) you shall not access the Site in order to build a similar or
competitive website; and (d) except as expressly stated herein, no part of the Site
may be copied, reproduced, distributed, republished, downloaded, displayed, posted
or transmitted in any form or by any means unless otherwise indicated, any future
release, update, or other addition to functionality of the Site shall be subject to these
Terms. All copyright and other proprietary notices on the Site must be retained on all
copies thereof.
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Company reserves the right to change, suspend, or cease the Site with
or without notice to you. You approved that Company will not be held liable to you or
any third-party for any change, interruption, or termination of the Site or any part.
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No Support or Maintenance. You agree that Company will have no
obligation to provide you with any support in connection with the Site.
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Excluding any User Content that you may provide, you are aware that
all the intellectual property rights, including copyrights, patents, trademarks, and
trade secrets, in the Site and its content are owned by Company or Company’s
suppliers. Note that these Terms and access to the Site do not give you any rights,
title or interest in or to any intellectual property rights, except for the limited access
rights expressed in Section 2.1. Company and its suppliers reserve all rights not
granted in these Terms.
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User Content
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User Content. “User Content” means any and all
information and content that a user submits to the Site. You are exclusively
responsible for your User Content. You bear all risks associated with use of your User
Content. You hereby certify that your User Content does not violate our Acceptable
Use Policy. You may not represent or imply to others that your User Content is in any
way provided, sponsored or endorsed by Company. Because you alone are
responsible for your User Content, you may expose yourself to liability. Company is
not obliged to backup any User Content that you post; also, your User Content may
be deleted at any time without prior notice to you. You are solely responsible for
making your own backup copies of your User Content if you desire.
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You hereby grant to Company an irreversible,
nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute,
publicly display and perform, prepare derivative works of, incorporate into other
works, and otherwise use and exploit your User Content, and to grant sublicenses of
the foregoing rights, solely for the purposes of including your User Content in the
Site. You hereby irreversibly waive any claims and assertions of moral rights or
attribution with respect to your User Content.
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Acceptable Use Policy. The following terms constitute our “Acceptable
Use Policy”:
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You agree not to use the Site to collect, upload, transmit,
display, or distribute any User Content (i) that violates any third-party right or any
intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive,
tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory,
false, intentionally misleading, trade libelous, pornographic, obscene, patently
offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any
group or individual; (iii) that is harmful to minors in any way; or (iv) that is in
violation of any law, regulation, or obligations or restrictions imposed by any third
party.
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In addition, you agree not to: (i) upload, transmit, or distribute to
or through the Site any software intended to damage or alter a computer system or
data; (ii) send through the Site unsolicited or unauthorized advertising, promotional
materials, junk mail, spam, chain letters, pyramid schemes, or any other form of
duplicative or unsolicited messages; (iii) use the Site to harvest, collect, gather or
assemble information or data regarding other users without their consent; (iv)
interfere with, disrupt, or create an undue burden on servers or networks connected
to the Site, or violate the regulations, policies or procedures of such networks; (v)
attempt to gain unauthorized access to the Site, whether through password mining
or any other means; (vi) harass or interfere with any other user’s use and enjoyment
of the Site; or (vi) use software or automated agents or scripts to produce multiple
accounts on the Site, or to generate automated searches, requests, or queries to the
Site.
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We reserve the right to review any User Content, and to investigate
and/or take appropriate action against you in our sole discretion if you violate the
Acceptable Use Policy or any other provision of these Terms or otherwise create
liability for us or any other person. Such action may include removing or modifying
your User Content, terminating your Account in accordance with Section 8, and/or
reporting you to law enforcement authorities.
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If you provide Company with any feedback or suggestions regarding
the Site, you hereby assign to Company all rights in such Feedback and agree that
Company shall have the right to use and fully exploit such Feedback and related
information in any manner it believes appropriate. Company will treat any Feedback
you provide to Company as non-confidential and non-proprietary.
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You agree to indemnify and hold Company and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand
made by any third-party due to or arising out of (a) your use of the Site, (b) your
violation of these Terms, (c) your violation of applicable laws or regulations or (d)
your User Content. Company reserves the right to assume the exclusive defense
and control of any matter for which you are required to indemnify us, and you agree
to cooperate with our defense of these claims. You agree not to settle any matter
without the prior written consent of Company. Company will use reasonable efforts
to notify you of any such claim, action or proceeding upon becoming aware of it.
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Third-Party Links & Ads; Other Users
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Third-Party Links & Ads. The Site may contain links to third-party
websites and services, and/or display advertisements for third-parties. Such ThirdParty
Links & Ads are not under the control of Company, and Company is not
responsible for any Third-Party Links & Ads. Company provides access to these
Third-Party Links & Ads only as a convenience to you, and does not review, approve,
monitor, endorse, warrant, or make any representations with respect to Third-Party
Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a
suitable level of caution and discretion in doing so. When you click on any of the
Third-Party Links & Ads, the applicable third party’s terms and policies apply,
including the third party’s privacy and data gathering practices.
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Other Users. Each Site user is solely responsible for any and all of its
own User Content. Because we do not control User Content, you acknowledge and
agree that we are not responsible for any User Content, whether provided by you or
by others. You agree that Company will not be responsible for any loss or damage
incurred as the result of any such interactions. If there is a dispute between you and
any Site user, we are under no obligation to become involved.
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You hereby release and forever discharge the Company and our
officers, employees, agents, successors, and assigns from, and hereby waive and
relinquish, each and every past, present and future dispute, claim, controversy,
demand, right, obligation, liability, action and cause of action of every kind and
nature, that has arisen or arises directly or indirectly out of, or that relates directly or
indirectly to, the Site. If you are a California resident, you hereby waive California
civil code section 1542 in connection with the foregoing, which states: “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.”
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Disclaimers
The site is provided on an “as-is” and “as available” basis, and company and our
suppliers expressly disclaim any and all warranties and conditions of any kind,
whether express, implied, or statutory, including all warranties or conditions of
merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or
non-infringement. We and our suppliers make not guarantee that the site will meet
your requirements, will be available on an uninterrupted, timely, secure, or error-free
basis, or will be accurate, reliable, free of viruses or other harmful code, complete,
legal, or safe. If applicable law requires any warranties with respect to the site, all
such warranties are limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above
exclusion may not apply to you. Some jurisdictions do not allow limitations on how
long an implied warranty lasts, so the above limitation may not apply to you.
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Limitation on Liability
To the maximum extent permitted by law, in no event shall company or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if company has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
- Term and Termination.
Subject to this Section, these Terms will remain in full
force and effect while you use the Site. We may suspend or terminate your rights to
use the Site at any time for any reason at our sole discretion, including for any use of
the Site in violation of these Terms. Upon termination of your rights under these
Terms, your Account and right to access and use the Site will terminate immediately.
You understand that any termination of your Account may involve deletion of your
User Content associated with your Account from our live databases. Company will
not have any liability whatsoever to you for any termination of your rights under
these Terms. Even after your rights under these Terms are terminated, the following
provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3 and
Sections 4 through 10.
- Copyright Policy.
Company respects the intellectual property of others and asks that users of our Site
do the same. In connection with our Site, we have adopted and implemented a
policy respecting copyright law that provides for the removal of any infringing
materials and for the termination of users of our online Site who are repeated
infringers of intellectual property rights, including copyrights. If you believe that one
of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a
work, and wish to have the allegedly infringing material removed, the following
information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must
be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been
infringed;
- identification of the material on our services that you claim is infringing and
that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable
material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under
penalty of perjury, that you are either the owner of the copyright that has allegedly
been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material
fact in a written notification automatically subjects the complaining party to liability
for any damages, costs and attorney’s fees incurred by us in connection with the
written notification and allegation of copyright infringement.
- General
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These Terms are subject to occasional revision, and if we make any
substantial changes, we may notify you by sending you an e-mail to the last e-mail
address you provided to us and/or by prominently posting notice of the changes on
our Site. You are responsible for providing us with your most current e-mail address.
In the event that the last e-mail address that you have provided us is not valid our
dispatch of the e-mail containing such notice will nonetheless constitute effective
notice of the changes described in the notice. Any changes to these Terms will be
effective upon the earliest of thirty (30) calendar days following our dispatch of an email
notice to you or thirty (30) calendar days following our posting of notice of the
changes on our Site. These changes will be effective immediately for new users of
our Site. Continued use of our Site following notice of such changes shall indicate
your acknowledgement of such changes and agreement to be bound by the terms
and conditions of such changes.
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Dispute Resolution. Please read this Arbitration Agreement carefully. It
is part of your contract with Company and affects your rights. It contains procedures
for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
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Applicability of Arbitration Agreement. All claims and disputes in
connection with the Terms or the use of any product or service provided by the
Company that cannot be resolved informally or in small claims court shall be
resolved by binding arbitration on an individual basis under the terms of this
Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall
be held in English. This Arbitration Agreement applies to you and the Company, and
to any subsidiaries, affiliates, agents, employees, predecessors in interest,
successors, and assigns, as well as all authorized or unauthorized users or
beneficiaries of services or goods provided under the Terms.
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Notice Requirement and Informal Dispute Resolution. Before
either party may seek arbitration, the party must first send to the other party a
written Notice of Dispute describing the nature and basis of the claim or dispute, and
the requested relief. A Notice to the Company should be sent to: 8, Ostrovskogo str.,
34600, Berezne. After the Notice is received, you and the Company may attempt to
resolve the claim or dispute informally. If you and the Company do not resolve the
claim or dispute within thirty (30) days after the Notice is received, either party may
begin an arbitration proceeding. The amount of any settlement offer made by any
party may not be disclosed to the arbitrator until after the arbitrator has determined
the amount of the award to which either party is entitled.
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Arbitration Rules. Arbitration shall be initiated through the
American Arbitration Association, an established alternative dispute resolution
provider that offers arbitration as set forth in this section. If AAA is not available to
arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of
the ADR Provider shall govern all aspects of the arbitration except to the extent such
rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing
the arbitration are available online at adr.org or by calling the AAA at 1-800-778-
7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims
or disputes where the total amount of the award sought is less than Ten Thousand
U.S. Dollars (US $10,000.00) may be resolved through binding non-appearancebased
arbitration, at the option of the party seeking relief. For claims or disputes
where the total amount of the award sought is Ten Thousand U.S. Dollars (US
$10,000.00) or more, the right to a hearing will be determined by the Arbitration
Rules. Any hearing will be held in a location within 100 miles of your residence,
unless you reside outside of the United States, and unless the parties agree
otherwise. If you reside outside of the U.S., the arbitrator shall give the parties
reasonable notice of the date, time and place of any oral hearings. Any judgment on
the award rendered by the arbitrator may be entered in any court of competent
jurisdiction. If the arbitrator grants you an award that is greater than the last
settlement offer that the Company made to you prior to the initiation of arbitration,
the Company will pay you the greater of the award or $2,500.00. Each party shall
bear its own costs and disbursements arising out of the arbitration and shall pay an
equal share of the fees and costs of the ADR Provider.
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Additional Rules for Non-Appearance Based Arbitration. If nonappearance
based arbitration is elected, the arbitration shall be conducted by
telephone, online and/or based solely on written submissions; the specific manner
shall be chosen by the party initiating the arbitration. The arbitration shall not
involve any personal appearance by the parties or witnesses unless otherwise
agreed by the parties.
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Time Limits. If you or the Company pursues arbitration, the
arbitration action must be initiated and/or demanded within the statute of limitations
and within any deadline imposed under the AAA Rules for the pertinent claim.
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Authority of Arbitrator. If arbitration is initiated, the arbitrator
will decide the rights and liabilities of you and the Company, and the dispute will not
be consolidated with any other matters or joined with any other cases or parties.
The arbitrator shall have the authority to grant motions dispositive of all or part of
any claim. The arbitrator shall have the authority to award monetary damages, and
to grant any non-monetary remedy or relief available to an individual under
applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written
award and statement of decision describing the essential findings and conclusions on
which the award is based. The arbitrator has the same authority to award relief on
an individual basis that a judge in a court of law would have. The award of the
arbitrator is final and binding upon you and the Company.
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Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR
CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN
FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be
resolved by arbitration under this Arbitration Agreement. Arbitration procedures are
typically more limited, more efficient and less expensive than rules applicable in a
court and are subject to very limited review by a court. In the event any litigation
should arise between you and the Company in any state or federal court in a suit to
vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE
ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a
judge.
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Waiver of Class or Consolidated Actions. All claims and disputes
within the scope of this arbitration agreement must be arbitrated or litigated on an
individual basis and not on a class basis, and claims of more than one customer or
user cannot be arbitrated or litigated jointly or consolidated with those of any other
customer or user.
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Confidentiality. All aspects of the arbitration proceeding shall be
strictly confidential. The parties agree to maintain confidentiality unless otherwise
required by law. This paragraph shall not prevent a party from submitting to a court
of law any information necessary to enforce this Agreement, to enforce an arbitration
award, or to seek injunctive or equitable relief.
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Severability. If any part or parts of this Arbitration Agreement
are found under the law to be invalid or unenforceable by a court of competent
jurisdiction, then such specific part or parts shall be of no force and effect and shall
be severed and the remainder of the Agreement shall continue in full force and
effect.
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Right to Waive. Any or all of the rights and limitations set forth in
this Arbitration Agreement may be waived by the party against whom the claim is
asserted. Such waiver shall not waive or affect any other portion of this Arbitration
Agreement.
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Survival of Agreement. This Arbitration Agreement will survive
the termination of your relationship with Company.
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Small Claims Court. Nonetheless the foregoing, either you or the
Company may bring an individual action in small claims court.
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Emergency Equitable Relief. Anyhow the foregoing, either party
may seek emergency equitable relief before a state or federal court in order to
maintain the status quo pending arbitration. A request for interim measures shall
not be deemed a waiver of any other rights or obligations under this Arbitration
Agreement.
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Claims Not Subject to Arbitration. Notwithstanding the foregoing,
claims of defamation, violation of the Computer Fraud and Abuse Act, and
infringement or misappropriation of the other party’s patent, copyright, trademark or
trade secrets shall not be subject to this Arbitration Agreement.
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In any circumstances where the foregoing Arbitration Agreement
permits the parties to litigate in court, the parties hereby agree to submit to the
personal jurisdiction of the courts located within Netherlands County, California, for
such purposes.
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The Site may be subject to U.S. export control laws and may be subject
to export or import regulations in other countries. You agree not to export, re-export,
or transfer, directly or indirectly, any U.S. technical data acquired from Company, or
any products utilizing such data, in violation of the United States export laws or
regulations.
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Company is located at the address in Section 10.8. If you are a
California resident, you may report complaints to the Complaint Assistance Unit of
the Division of Consumer Product of the California Department of Consumer Affairs
by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by
telephone at (800) 952-5210.
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Electronic Communications. The communications between you and
Company use electronic means, whether you use the Site or send us emails, or
whether Company posts notices on the Site or communicates with you via email. For
contractual purposes, you (a) consent to receive communications from Company in
an electronic form; and (b) agree that all terms and conditions, agreements, notices,
disclosures, and other communications that Company provides to you electronically
satisfy any legal obligation that such communications would satisfy if it were be in a
hard copy writing.
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Entire Terms. These Terms constitute the entire agreement between
you and us regarding the use of the Site. Our failure to exercise or enforce any right
or provision of these Terms shall not operate as a waiver of such right or provision.
The section titles in these Terms are for convenience only and have no legal or
contractual effect. The word “including” means “including without limitation”. If any
provision of these Terms is held to be invalid or unenforceable, the other provisions
of these Terms will be unimpaired and the invalid or unenforceable provision will be
deemed modified so that it is valid and enforceable to the maximum extent
permitted by law. Your relationship to Company is that of an independent contractor,
and neither party is an agent or partner of the other. These Terms, and your rights
and obligations herein, may not be assigned, subcontracted, delegated, or otherwise
transferred by you without Company’s prior written consent, and any attempted
assignment, subcontract, delegation, or transfer in violation of the foregoing will be
null and void. Company may freely assign these Terms. The terms and conditions
set forth in these Terms shall be binding upon assignees.
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Copyright/Trademark Information. Copyright © 2017. All rights reserved. All trademarks, logos and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Contact Information:
Address: 8, Ostrovskogo str., Berezne
Telephone: +380932266573
Email: hello@influencerlist.today