Last updated: November 18, 2016
Welcome to The Native Influence, an online platform located at TheNativeInfluence.com (the “Service”) that is operated by Native Social Network LLC, a New York limited liability company (hereinafter, the “Company,” “Native Social Network LLC”, “we”, or “us”).
BEFORE YOU USE THE SERVICE IN ANY WAY, CAREFULLY READ ALL OF THE FOLLOWING TERMS CONCERNING YOUR LEGAL RIGHTS AND LIMITATIONS, AND PLEASE ASK US ANY QUESTIONS YOU MAY HAVE BY WRITING AN EMAIL TO: Info@thenativesociety.com.
1. WHO MAY USE THE SERVICE
The Service is intended for persons eighteen (18) years of age and older. If you are between thirteen (13) and eighteen (18) years of age, you may use the Service under the supervision of your parent or legal guardian who explains the Agreement to you and agrees to be bound to it on your behalf. You may NOT use the Service if you are under thirteen (13) years of age.
2. AGREEMENT TO USE THE SERVICE
2.1 Your Acceptance of the Agreement
2.2 Where the Agreement is Executed and Performed
The Service is provided to and accessed by users solely at our business location in New York County, State of New York, U.S.A. (the “Business Location”). You agree that, by accessing and using the Service, or any part thereof, you are voluntarily coming onto, executing the Agreement, and purposefully availing yourself to the offered Service at the Business Location. The Company makes no representation or warranties that the Service or any of its contents are appropriate or available for users accessing the Service at the Business Location from any location outside of the U.S.A. BEFORE YOU ATTEMPT TO ACCESS THE SERVICE FROM ANY COUNTRY IN THE WORLD OTHER THAN U.S.A., BEWARE THAT THIS WEBSITE MAY CONTAIN CONTENT OR LINKS TO PRODUCTS, AND SERVICES THAT ARE NOT AVAILABLE IN OR THAT ARE PROHIBITED IN THAT COUNTRY; AND THAT YOU THEREFORE ACCESS THE SERVICE AT YOUR OWN RISK.
2.3 Changes to the Agreement
2.4 Term of the Agreement
3. HOW YOU MAY USE THE SERVICE
3.1 Limited License to Use the Service
Subject to all conditions, restrictions, and eligibility requirements described herein, we hereby grant you a limited, non-transferrable, non-exclusive, royalty-free, worldwide, revocable license to access the Service and use the Service for your own lawful, personal, and non-commercial purposes. This license is not a sale and does not grant you any ownership rights, title, interest, or any other rights in either the Service or any of the contents you find therein.
3.2 User Accounts for Certain Users
a. Account Registration and Password
b. Responsibility for Your Account
You are solely responsible for your Account, password, and profile. So long as you have an Account on the Service, you agree to safeguard your Account login name and password and to supervise and take full responsibility for any use of and activity on your Account by you or anyone other than you (whether authorized by you or not), which includes all activity and content that can be linked or traced back to your Account. You agree to immediately notify us of any unauthorized use of your Account, password, or profile and to report a lost or stolen Account name or password to us at: Info@thenativesociety.com. YOU ACKNOWLEDGE AND AGREE THAT: (1) NEITHER NATIVE SOCIAL NETWORK LLC NOR ITS AFFILIATES OR ITS PARTNERS WILL HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORIZED TRANSACTIONS MADE USING YOUR USER ACCOUNT; AND (2) THE UNAUTHORIZED USE OF YOUR USER ACCOUNT OR PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO BOTH NATIVE SOCIAL NETWORK LLC, AND OTHER USERS OF THE SERVICE.
c. Limited Commercial Use
You may NOT use any information obtained from the Service, to advertise to, solicit, or sell to any other user without his or her prior explicit consent. The Company may investigate and take any available legal action in response to illegal or unauthorized uses of the Service, including collecting information of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Service.
d. Account Disablement
3.3 Fees and Payment
3.4 Information About You and Your Account
3.5 Restrictions on Your Use of the Service
- NOT use the Service in a way that violates any law or infringes the rights of any person;
- NOT use the Service or any of its contents to sell access to the Service or its contents, gain advertising or subscription revenues, or collect, data-mine, or harvest personally identifiable information for your profit;
- NOT act as an agent, affiliate, or representative of the Company or the Service;
- NOT suggest or infer that the Company or the Service has any relationship or affiliation with your own company or services, or that the Company endorses, sponsors, or recommends the contents, products or services on your website, webpage, or other platform;
- NOT modify, translate, adapt, edit, transform, or otherwise create derivative works of or from any part of the Service or contents you find therein;
- NOT circumvent, hack, disable, decompile, reverse-engineer, DDOS attack, password sniff, inject malicious code into, or interfere in any way with security-related features, robot-exclusion headers, technical measures, algorithms, source code, or digital rights management tools that restrict or limit use or copying of the Service or any contents therein;
- NOT impose, in our opinion, an unreasonable or disproportionately large burden on our infrastructure;
- NOT deep-link to any portion of the Service for any purpose;
- NOT frame, mirror, or otherwise incorporate any part of the Service into any other website, webpage, mobile application, product, or service; and
- NOT post, publish, or transmit any one or more of the following on the Service:
- Virus, Trojan horse, worm, malware, or other malicious code
- Robot, spider, scraper, crawler, avatar, offline reader, intelligent agent, or other automated means or any manual process for any purpose
- Junk-mail, chain letter, phishing message, mass mailing, SPAM, or WAREZ
- Illegal, infringing, pirated, or plagiarized content
- Vulgar, obscene, sexual, erotic, pornographic, or otherwise inappropriate content
- Racially, ethnically, or otherwise discriminatory language
- Defamatory, false, fraudulent, or otherwise untruthful language
- Inaccurate or unlawful language, or language in violation of the rights of third parties
- Harassing, intimidating, stalking, hateful, or threatening language
- Online vandalism
- Impersonation or identity theft of another person
- False or intentionally misspelled names
- Invasion of another person’s privacy rights
3.6 Restrictions on Linking to the Service
Unless we provide you with written consent giving you broader rights to link or advertise on the Service, you may only link or hyperlink to the Service elsewhere on the Internet and World Wide Web for non-commercial purposes. In doing so, you may NOT use any of our trademarks or trade names except in a plainly descriptive manner.
4. CONTENT ON THE SERVICE
4.1 Definition of Content
“Content” is defined herein as any piece of information that is available on or transmitted through the Service, including the following types of information: ideas, data, text, tags, script, posts, messages, comments, questions, slogans, newsletters, descriptions, pricing, tables, statistics, rankings, ratings, reviews, lists, maps, spreadsheets, models, pictures, photos, presentations, drawings, graphics, logos, designs, brands, images, buttons, icons, widgets, interfaces, applications, application programming interfaces (“APIs”), software, source code, object code, digital files, compilations, compositions, sounds, sound recordings, audio clips, music, jingles, spoken word, performances, speeches, audio-visual works, interactive works, games, video games, movies, films, shows, videos, video clips, commercials, infomercials, advertisements, and all other materials, features, and functions that is available on or through the Service.
4.2 You are Responsible for Your Content
Content might be posted, uploaded, published, linked to, transmitted, recorded, displayed or otherwise made available by you directly, or through us on your profile (hereinafter, “Post” or “Posted”). If you wish us to Post Content for you, you may provide such Content to us by any means of communication such as email, telephone, or fax. We reserve the right to Post, and if necessary edit such Content into your profile on your behalf. You are solely responsible for all of the Content Posted on the Service by you or through us, or transmitted to other users, including videos (including streaming videos), photographs, or profile text, whether publicly or privately posted. You may not Post, or make the Company Post on the Service, or send to the Company or any other user (either on or off the Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal Content, or any Content that infringes or violates another person’s rights (including intellectual property, privacy, and publicity rights). Moreover, you agree that all the Content provided about yourself in your personal profile, is and remains truthful and accurate, and that you will promptly update or have the Company update any Content provided by you that subsequently becomes inaccurate, incomplete, misleading, or false.
4.3 Ownership and License of Your Content
With respect to your original or proprietary Content that you Post or create, or have the Company Post or create, on the Service, you will retain all rights, title, and ownership interests to that Content. In exchange for the valuable consideration of the opportunity to publish and share your Content with others through the Service, you hereby agree that the Company will automatically be granted a worldwide, perpetual, non-exclusive, sublicensable, transferrable and royalty-free license to that Content when it is first uploaded to or created on the Service. If any of your Content is modified or deleted by you or by the Company, you understand that prior versions of such modified or deleted Content will continue to be licensed to and freely used by the Company in such earlier form, and may persist in backup copies for a reasonable period of time (but that following modification or removal, we will not make them available publically on the Service) or may remain with users who have previously accessed and downloaded such prior versions of your modified or deleted Content. You also hereby grant the Company a worldwide, perpetual, non-exclusive, sublicenseable, transferrable and royalty-free license to use your name, profile information, biography, photograph, and likeness in connection with such Content. You acknowledge that we may choose to use and reuse the Content in any way, with or without attribution, and at our sole discretion.
a. Changes and Other Uses of Content
You agree that this license also includes the right for the Company to make your Content available to others for the publication, display, distribution, transmission, performance, syndication, or broadcast through any media and online platforms. Specifically, the Company reserves the right to Post the Content on the thenativesociety.com website (the “Native Society”). After Content is Posted on the Native Society, such Content cannot be edited as it is then a point in time record. Any additional changes or updates to such Content on the Service will not reflect on the Native Society. Such additional uses by the Company or others may be made with no monetary or other compensation. We may modify, adapt, or create derivative works from your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
4.4 Monitoring, Editing, and Takedown of Your Content
4.5 Other Users’ Content
Please use caution and common sense when using other users’ content you may find on the Service. It is possible that you may be of the opinion that Content originating from other users on the Service is offensive, harmful, inaccurate, or deceptive to you. You understand and agree that you may only use the Service at your own risk and that you will not seek to hold us liable in any manner for Content provided or created by other users.
4.6 Conduct of Other Users
The Company is not responsible for your conduct or the conduct of any other user of the Service. In no event will the Company, our affiliates, partners, or agents be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages.
4.7 Content of the Company or Our Affiliates
All Content not originating from you or another user of the Service is owned by either the Company or our affiliate(s) or licensor(s), and we reserve the right to change or remove such Content from the Service without any reason or notice to you. You may NOT reproduce any Content you found on the Service into other websites or platforms without obtaining our prior written consent.
5. ELECTRONIC COMMUNICATIONS
When an Account is created on your behalf on the Service, you send us an email, or otherwise provide us your email address, you are communicating with us electronically and thereby consent to receive emails and other electronic communications, notices, messages, updates, offers, and information about our services and products. We may publish or deliver electronic communications to you through one or more media of our choosing and in the form of periodic issues with a frequency of our choosing. Unless such email is necessary to facilitate a transaction, such as to complete a sale or provide you with a sales receipt, we will give you the opportunity to “Unsubscribe” and thereby opt-out of receiving electronic commercial communications from us by either sending us an email, or following the hyperlinked opt-out instructions at the bottom of each such communication, if available.
6. THIRD PARTY LINKS AND CONTENT
The Company, other users, or third parties may provide links and advertisements to other websites, webpages, smartphone applications, services, products, and other resources. Because the Company has no control over such third party websites or resources, you acknowledge and agree that we are not responsible for the availability of such websites, webpages, services, products, or resources, and do not endorse and are not responsible or liable for any information, content, advertising, products, or other materials on or available therefrom. You also acknowledge and agree that the Company will not be held 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 such content, goods, or services available on or through any such websites or resource. Moreover, your correspondences and business dealings with other users or third parties found on our or through the Service, including payment and delivery of any advertised goods or services—and any other terms, conditions, warranties or representations associated with such dealings—are solely between you and such other user or third party. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such users or other third parties on our website or located through the use of the Service.
7. INTELLECTUAL PROPERTY RIGHTS
Any trademarks and service marks (e.g., our logos, slogans, and phrases), trade names, trade dresses, copyrighted works of authorship, rights of publicity, patents, know-how, trade secrets, and proprietary ideas that are displayed, performed, transmitted, or otherwise appearing on the Service and the Content therein (collectively, the “IP”) are either owned by the Company, have been licensed to us, or are being used by us in a merely descriptive manner, under the fair use doctrine, under the first-sale doctrine, by virtue of being in the public domain, or in accordance with some other legal exception(s) or exemption(s). Other than as expressly allowed by us in writing, nothing herein or in the Service may be implied as granting any license, assignment, or right to copy or use of our trade name or any of our IP without our prior authorization. Any unauthorized reproduction or distribution of the Service or Content that you do not own, or parts thereof, is expressly prohibited and may result in civil litigation, damages, injunctive relief and possibly even criminal penalties under law. Please inform us if you become aware of any infringement or violation of intellectual property rights, by emailing us at: Info@thenativesociety.com
9. DISCLAIMERS AND LIABILITY LIMITATIONS
The express responsibilities set forth herein are the only responsibilities of the Company to you, and we have no other responsibilities to you with respect to the Service. You acknowledge that the Company has no duty to take any action regarding: (a) which users access the Service; (b) what Content you access via the Service; (c) what effects Content may have on you; (d) how you may interpret or use the Content; or (e) what actions you may take as a result of having been exposed to the Content.
YOUR USE OF THIS WEBSITE AND THE SERVICE, GENERALLY, IS ENTIRELY AT YOUR OWN RISK. THE SERVICE AND ALL SOFTWARE, INFORMATION, CONTENT, PRODUCTS AND SERVICES WE PROVIDE THROUGH IT (1) ARE PROVIDED TO YOU ON “AS IS”, “WITH ALL FAULTS,” AND “AS AVAILABLE” BASES, (2) MAY INCLUDE ERRORS AND INACCURACIES, AND (3) ARE OFFERED TO YOU WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, ACCURACY, QUIET ENJOYMENT, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OPERABILITY, FUNCTIONALITY, AND COMPLETENESS.
Moreover, we do NOT represent, warrant, or guarantee that the Service will: (a) be uninterrupted, uncompromised, or free from technical, typographical, or photographic errors; (b) be free of hacking, interference, static, viruses, Trojan horses, worms, malware, or other harmful components; (c) be secure and available at any particular time or location; (d) be cured or corrected of all errors and defects even if the Company is aware of them; and (e) meet all of your requirements.
YOU AGREE, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NOT TO HOLD US OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS, AFFILIATES, OR CONTENT PROVIDERS RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR REMEDIES OF ANY KIND ARISING FROM YOUR USE OF THIS WEBSITE OR THE SERVICE, OR FROM A DELAY OR INABILITY TO ACCESS OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON THIRD PARTY INFORMATION, CONTENT, USER CONTENT, AND OPINIONS APPEARING ON THE SERVICE, VIRUSES, ERRORS, LINKED SITES, PROPERTIES, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SERVICE) INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, LOST PROFITS, LOST GOODWILL, LOST DATA, WASTE OF EXPENDITURES, COST OF SUBSTITUTE, AND CONSEQUENTIAL DAMAGES, EVEN IF WE WERE EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES.
If the Company or any of its members, officers, directors, employees, agents, representatives, suppliers, partners, affiliates, or content providers are found liable for any loss or damages of any kind arising from your use of the Service, or the Content, such liability is expressly excluded to the fullest extent permitted by law; except that, if an arbitrator or court of competent jurisdiction determines that liability of the Company, its officers, directors, employees, agents, representatives, suppliers, partners, affiliates, and content providers (as applicable) has arisen, the total of such liability shall be limited in aggregate to the greater of (a) the total fees paid to the Company by you (if any), or (b) one hundred U.S. Dollars ($100).
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, NATIVE SOCIAL NETWORK LLC’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. ALSO, CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES OR DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
10. DISPUTE RESOLUTION SYSTEM
Any Dispute between you and the Company that arises in whole or in part from the Service, and that is not privately resolved within fourteen (14) days after notice is delivered in accordance with the preceding paragraph, will be exclusively resolved by binding arbitration in New York County, State of New York, according to the Rules for the Resolution of Commercial Disputes of the American Arbitration Association then in effect. If an arbitrator cannot be mutually agreed upon within sixty (60) days after the date the Dispute first arose, each of the disputing parties will choose an arbitrator and those arbitrators will then select another arbitrator to render a final decision. The arbitrator’s final decision, including the amount of any damages, will be exclusive, final, and binding on the disputing parties. The prevailing party in any action involving the Agreement is entitled to recover its reasonable attorneys’ fees and costs.
Regardless of where you access the Service from, you hereby expressly agree to be subject to and personally submit to the exclusive personal jurisdiction and venue of the arbitrators and courts located within the geographic area of New York County, State of New York, to bring, adjudicate, and resolve any Dispute or claim against the Company, our affiliates, subsidiaries, employees, contractors, officers, directors, shareholders, and Content providers or in any other way arising from or relating to the Service or Content. You further stipulate to the fairness and convenience of proceedings in such courts for all Disputes arising out of or relating to the use of this website and the Service generally. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
10.3 Law Enforcement Compliance
Nothing contained in the Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Company website or the Service generally, or to the information provided to or gathered by us with respect to such use. We may, at our sole discretion, determine whether a particular piece of your Content violates any laws and cooperate with any law enforcement authorities or court order requesting or directing the Service to disclose the identity of anyone posting any Content on the Service. We reserve the right to access and disclose any information including, without limitation, user names and other information to comply with applicable laws and lawful government requests.
10.4 Limitations & Waivers
EACH CLAIM OR DISPUTE MUST BE BROUGHT TO ARBITRATION WITHIN TWO (2) YEARS AFTER THE DATE ON WHICH SUCH CLAIM OR DISPUTE AROSE OR IT WILL BE IRREVOCABLY WAIVED. ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY CLAIMS OR DISPUTES TO BE ARBITRATED ON A CLASS ACTION BASIS. BY USING THE SERVICE, YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHTS TO (1) A CLASS ACTION LAWSUI, (2) YOUR RIGHT TO A JURY TRIAL, AND (3) YOUR RIGHT TO CLAIM THAT ARBITRATION IN NEW YORK COUNTY, NEW YORK, IS AN INCONVENIENT OR IMPROPER FORUM OR VENUE TO HEAR CLAIMS AND DISPUTES CONCERNING THIS AGREEMENT.
10.5 Irreparable Harm
You acknowledge that the unauthorized use of the Service or Content could cause irreparable harm to the Company and its users and that in the event of your unauthorized use, we will be entitled to an injunction, specific performance, temporary restraining order, and all other remedies available at law or in equity.
11. GENERAL PROVISIONS
11.1 Independent Contractors
All parties hereto are independent contractors. You agree that no agency, partnership, joint venture, or employment relationship is created or exists between you and the Company or our affiliates unless expressly stated in another agreement.
The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. In order for any waiver of compliance with the Agreement to be binding, we must provide you with written notice of such waiver through one of our authorized representatives. However, such waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein.
If any provision of the Agreement is deemed to be unenforceable or invalid by any court or arbitrator of competent jurisdiction, for any reason, that provision will be limited or severed to the extent necessary so that the Agreement will otherwise remain in full force and effect.
11.5 Force Majeure
Neither of the parties hereto will be deemed to be in violation or breach of contract if performance of the obligations required by the Agreement is delayed or rendered impossible because of any natural disaster, war, terrorist act, earthquake, fire, thunder, lightning, typhoon, tsunami, hurricane, flood, strike, sickness, accident, civil commotion, epidemic, act of government, act of God, alien invasion, rebellion, revolution, riots, explosion, marine accident, strike, lockout, labor dispute, shortage or regulation of energy supply or materials, or other unforeseen event that is beyond the control of either party hereto.
All notices we are required to give you may be delivered electronically by email or through the Service. Unless you indicate otherwise prior to our sending of the notice, we may send email notices to your last-supplied email address or the email address that is linked to your user profile. Notices to the Company must be sent via email to: Info@thenativesociety.com. Notices we send you will be deemed delivered when emailed or transmitted by us, and all notices you provide us will be deemed to have been delivered when emailed to us.
11.7 All Rights Reserved
All rights not expressly granted to you herein are reserved and not waived. We reserve the right to enforce our rights to the fullest extent permitted under the laws of any state, country, and international body, including criminal prosecution where available.
11.8 Governing Law.