TERMS AND CONDITIONS OF USE
General Use of Service
These Terms and Conditions apply to all users who contribute Content on Selfee. For purposes of these Terms and Conditions, “Content” means photos or images, data, text, and all combinations thereof you may contribute to Selfee.
Selfee will allow you to post your Content on Facebook and Twitter, and any other third-party social or marketing platform Selfee Media chooses to include as part of the service. Selfee Media reserves the right to eliminate or include additional third-party media channels at any time at its sole discretion.
Publication of your Content on any third party platform is subject to each third party's own terms and conditions for use. Selfee Media has no control over and assumes no responsibility for, the Content, privacy policies, or practices of third party platforms, including participating merchant's own website and other social and media platform where Content may be published after it is submitted through Selfee. We cannot control or edit the Content once published on any social media platform or third party website.
Changes in Terms and Conditions
Selfee Media reserves the right to change or discontinue, at any moment, any aspect or feature of Selfee, including, but not limited to, content, hours of availability and the equipment needed for access or use. Selfee Media reserves the right to change or modify the terms and conditions applicable to your use of Selfee, or any part thereof, or to impose new conditions, such as fees and additional or modified charges for use at any time. All changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which will be sent to the email address you specify when you created your Selfee account. Your use of Selfee after such notice shall be deemed to constitute acceptance of such changes, modifications, and/or additions.
In order to access Selfee’s features, you will have to create a Selfee Account, which shall include accurate and complete information requested. You are responsible for all activity generated in connection with your account. In the event of a breach or unauthorized use of your account, you must notify Selfee Media immediately.
To register, you must provide a username, password along with other information specified in the registration form. You represent and warrant that the Registration Data that you provided is true, accurate, current, and complete. If your registration information is untrue, inaccurate, not current or incomplete, or if Selfee Media has reasonable grounds to suspect that such is untrue, inaccurate, not current or incomplete, Selfee Media has the right to suspend or terminate your Account and refuse any and all current or future use of the
Service. You also authorize Selfee Media to access your contact list and/or address book on your device at your direction.
You may use only one account to submit your Content on Selfee. You may not use another user’s account without our express written permission.
You may submit your Content directly through Selfee. You acknowledge that Selfee Media does not guarantee any confidentiality with respect to any Content you submit and that Selfee Media is not responsible for Content submitted by its users.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on Selfee. By posting your Content on Selfee, you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the Content you submit, including all licenses, rights, consents and permissions covering all artwork or other images, people or content appearing within your Content, including background. You further agree that Content you submit to Selfee will not contain third party copyrighted material, or material that is subject to other third party proprietary rights unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material.
You also acknowledge that Selfee Media may grant each participating Merchant a non- exclusive license to access your Content and to use, reproduce, distribute, display, and perform any activity with your Content as promotional material for the Merchant's own social media promotional and/or digital marketing campaigns. If the Merchant wishes to use said Content in traditional media, such as print, billboards, or others, Selfee Media will notify you as soon as feasible of a participating Merchant’s intention of using your Content as described and provide you with compensation for said usage.
The above licenses granted by you to the Content you submit to Selfee terminate within a commercially reasonable time after you remove or delete your content from Selfee. You understand and agree, however, that third party media owners (such as Facebook, Twitter, and others) may retain, display, distribute, or perform, server copies of your content that you have been removed or deleted, pursuant to their respective terms, conditions, and policies.
You also acknowledge that Selfee Media may provide each participating Merchant your personal information, such as name, telephone number, date of birth, email, and gender information, but be excluding your financial information, for marketing purposes. The manner in which the participating Merchant uses your personal information shall be limited to marketing purposes. You acknowledge that Selfee Media has no control as to the privacy policies of the participating Merchants, and you shall contact these participating Merchants directly to secure their respective privacy policies.
You acknowledge and agree that some of the services may be supported by advertising revenue and may contain advertisements or promotions.
Selfee Media hereby grants you permission to access and use the Selfee service as set forth in these Terms and Conditions.
You agree not to do any of the following:
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Selfee Media with the following information in writing: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi.) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Selfee Media staff: (i) your physical or electronic signature; (ii) identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (iii) a statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (iv) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of any federal court located in Puerto Rico, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Selfee Media may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files
an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Selfee Media's sole discretion.
Rewards policy, method of payment
After submitting your Content through Selfee, approved Content will be compensated. You may publish Content for consideration through a Merchant campaign, or through a Selfee sponsored Event.
In a Merchant campaign your Content shall receive at least 25 individual interactions to be considered eligible for compensation, and each individual publication shall be compensated up to the first 100 interactions.
In an Event campaign, the user will be compensated on a flat fee basis, but said Content shall receive at least 25 interactions for consideration.
All Content must not violate the terms of the Use to receive compensation. Furthermore, the published Content shall meet the Content Approval Guidelines.
Additionally, Merchants may elect to use your Content as part of their own marketing campaigns outside online marketing channels, such as television, billboard, printed marketing materials or any other marketing channel they chose. In the event that your Content includes or depicts your self-image and is so selected for use by Merchant, Selfee Media will notify you as soon as feasible of a participating Merchant’s intention of using your Content as described and provide you with compensation for said usage.
All Content submitted through Selfee will be subject to verification by Selfee Media of compliance with these Terms and Conditions and Content Approval Guidelines. You will only be entitled to receive compensation for Content that, at Selfee Media’s sole discretion, does not violate these Terms and Conditions. You will not be compensated for any and all interactions that occur on a social media page different from the one that you registered when you opened your Selfee account. You will be notified at the end of each month of accrued earnings as per the rewards policy hereby described, and payment will be delivered to you at least once per month. Selfee Media will deduct from the compensation all applicable amounts required by law, and notify said retention to the appropriate agency. The User is responsible for reporting this income to the appropriate agencies.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE APP REMAINS WITH YOU. NEITHER SELFEE MEDIA NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APP WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP WHETHER BASED ON WARRANTY, CONTRACT, DELICT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SELFEE MEDIA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL SELFEE MEDIA’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO THE APP EXCEED ONE DOLLAR ($1.00).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOU SHOULD CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
YOU ALSO RELIEVE SELFEE MEDIA FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD PARTY WEBSITE.
By using Selfee, you agree to defend, indemnify and hold harmless Selfee Media, its affiliates and their respective directors, officers, shareholders, employees, agents and assigns from and against all claims and expenses, including attorney’s fees, arising out of your use of the Selfee service.
Termination and account cancellation
If you breach any of these Terms, Selfee Media will have the right to suspend or disable your account or terminate it, at its sole discretion and without prior notice. Selfee Media reserves the right to revoke your access to and use the service at any time, with or without cause. You may cancel your Account at any time.
These Terms together with all documentation and policies referred herein constitute the entire and exclusive understanding and agreement between Selfee Media, and you regarding the App and these Terms supersede and replace any and all prior oral or written understanding and agreement between Selfee Media and you.
Governing Law and Arbitration
These Terms and Conditions will be interpreted according to the Laws of the Commonwealth of Puerto Rico. Any cause of action arising from these Terms and Conditions will be initiated in the Commonwealth of Puerto Rico. In the event of a dispute, the parties agree to submit their claim to arbitration within the Commonwealth of Puerto Rico.