Tinysponsor Terms of Use

Updated Date: June 14, 2017

You accept and comply to these Tinysponsor, Inc. (referred to as “Tinysponsor,” “us,” “our,” or “we”) Terms of Use (“Terms” or “Agreement”) by using the website located at the domain tinysponsor.com and all related subdomains (collectively, “Site”) and various related services (together known as the “Services”); by agreeing to any other written agreement between Tinysponsor and you or your company; or by selecting “Agree” where you are given the option to do so. In addition, when using particular Services, you shall be subject to any posted guidelines or rules applicable to such Services that may contain terms and conditions in addition to those in these Terms. All such guidelines or rules are hereby incorporated by reference into this Agreement. All of these collective Terms, guidelines and rules, form an agreement between Tinysponsor and you.

PLEASE NOTE: THIS AGREEMENT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AS WELL AS A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER.

By completing any Site registration process or using the Site, you agree to be immediately bound by these Terms. If you do not accept the terms of this Agreement, you may not use this Site and its Services. If you are accepting this Agreement on behalf of a company or other legal entity, regardless of whether you are a principal, employee, authorized agent or third-party service provide, you represent and warrant that you have the legal authority to bind that company or legal entity by the terms of this Agreement. If at any time you do not wish to be bound by these Terms, you must discontinue your use of the Site. Your agreement with us regarding compliance with these Terms becomes effective immediately upon commencement of your use of the Site.

Material Terms: As provided in greater detail in this Agreement (and without limiting the express language of this Agreement), you acknowledge the following:

  1. Definitions.
  1. Campaign” means the sponsorship work that begins when a Creator accepts an offer of sponsorship or a package purchase, from a Sponsor. The Campaign is then to be delivered according to the terms agreed upon by both parties on this Site and with payments facilitated by Tinysponsor.
  2. Creator” means any registered user of the Site who posts a profile that can accept sponsorship offers from a Sponsor, or contains posted packages that stated the terms of work of a sponsorship that can be purchased by a Sponsor, for a Campaign;
  3. Content” means any text, image, photograph, audiovisual work, sound recording, musical work (including when embodies in a sound recording or audiovisual work) and/or other work subject to protection under the laws of the United States or any foreign jurisdiction, including, without limitation, patent, trademark, trade secret and/or copyright laws;
  4. Content Poster” means any user of the Site who Posts Content;
  5. Post” means to submit or otherwise transmit to the Site; and
  6. Sponsor” means any registered user of the Site who contacts a Creator on the Site for the purpose of purchasing a posted package from the Creator, or making a offer of sponsorship to the Creator.

  1. Tinysponsor User Account.
  1. Consideration. Tinysponsor currently provides you with free access to the Site as a user. In return for enjoying this free access, you acknowledge and agree that Tinysponsor may generate revenues, increase goodwill or otherwise increase the value of Tinysponsor from your use of the Site, and you will have no right to share in any such revenues, goodwill or value whatsoever.
  2. Site Registration. While you always may view the public-facing portions of the Site without registering an account with us, you must register such an account to enjoy the full benefits and functionalities of the Site (“Account”). You agree to provide us with accurate contact information when prompted during your account registration, and to promptly provide us with any changes in such information.
  3. Eligibility. IF YOU ARE UNDER 13 YEARS OF AGE, THEN YOU MUST NOT USE OR ACCESS THE SITE AT ANY TIME IN ANY MANNER. If you have been previously suspended or removed from the Site by Tinysponsor for any reason, you must not use or access the Site in any other capacity. Furthermore, by using the Site, you affirm that either you are at least 18 years of age or have been authorized to use the Site by your parent or legal guardian who is at least 18 years of age.
  4. Account Security. You are responsible for the security of your Tinysponsor Account, and are fully responsible for all activities that occur through the use of your log-in credentials to Tinysponsor Site. You agree to notify Tinysponsor immediately at support@tinysponsor.com if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Tinysponsor Account. Tinysponsor will not be liable for any loss or damage arising from unauthorized use of your log-in credentials prior to you notifying Tinysponsor of such unauthorized use or loss of your log-in credentials to your Tinysponsor Account.

  1. Term and Termination.
  1. Term. As between you and Tinysponsor, these Terms commence as of your first use of the Site and continues until the termination of these Terms by either you or Tinysponsor.
  2. Termination. You may cancel your Account at any time by sending an email to us at support@tinysponsor.com requesting to cancel your account. We may also terminate your access to your Account or Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms, which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

  1. License Grants and Intellectual Property Rights.
  1. License. Subject to these Terms, Tinysponsor grants you a personal, revocable, non-exclusive and non-transferable license during the Term to permit you to access and use the Site and/or its Services in accordance with these Terms.
  2. Content. Subject to these Terms, you grant to Tinysponsor a perpetual, transferrable, irrevocable, royalty-free, fully paid-up, worldwide and fully sublicensable license to access, collect, store and use any data, information, records and files that (i) you load, transmit to or enter into the Site, or (ii) we collect from your local computer system or from third-parties with your permission, and (in each case) including all results from processing such data, including compilations, and derivative works thereof solely for the purpose of: (A) providing, marketing, or promoting Tinysponsor’s Site and Services, (B) complying with applicable law, and (C) Tinysponsor’s reasonable audit and data retention policies. Tinysponsor may use your public-facing information (including but not limited to your name, brand, or logo, where applicable) on our Site and marketing materials and list you as a Creator or Sponsor on any public lists. You may opt out from our use of your Content at any time by sending us an email request to Tinysponsor customer support at support@tinysponsor.com.
  3. Marks. The Tinysponsor trademarks, service marks, and logos (collectively, the “Tinysponsor Trademarks”) used and displayed on the Site are Tinysponsor’s registered and/or unregistered trademarks or service marks. Any other product and service names located on the Site may be trademarks or service marks owned by third parties (collectively with the Tinysponsor Trademarks, the “Trademarks”). Except as otherwise permitted by law, you may not use the Trademarks to disparage Tinysponsor or any third party, Tinysponsor’s or a third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks without the prior written permission of Tinysponsor, except solely to perform activities and obligations contemplated under these Terms, or as otherwise set out in these Terms.

  1. Campaign Agreements.
  1. Tinysponsor allows users to view on the Site, all Creator profiles and packages that are set to be publicly viewable. A Sponsor may then contact a Creator on the Site to purchase a Campaign. When the Creator accepts a purchased Campaign, both the Creator and the Sponsor agree to the terms and conditions of the Campaign, or both parties may collaborate to further add to or modify any portion of the terms and conditions. If there are any such modifications, both parties will agree to the new terms and conditions of the Campaign.
  2. When a Campaign runs to completion, Tinysponsor will receive a fee as provided thereunder.
  3. Tinysponsor is not a party to and will be in no way responsible for the performance of or action by either the Creator or the Sponsor under any Campaign agreement, including but not limited to any products sent, services rendered, or expenses incurred in connection with the Campaign, except to facilitate the transmission of payment from the Sponsor to the Creator in accordance with these Terms. Tinysponsor does not make any representations or warranties of any kind in respect of a Campaign agreement. Both the Creator and the Sponsor also agree to act in good faith when negotiating and performing their respective obligations under each Campaign agreement.

  1. Facilitated Payments and Withholding Consent.
  1. When Tinysponsor facilitates the transmission of any payments from the Sponsor to the Creator in connection with a Campaign (each, a “Facilitated Payment”), Tinysponsor may in its sole discretion withhold from any such Facilitated Payment any amounts that are payable to Tinysponsor by the applicable Creator in connection with that Campaign (“Fees”).
  2. Tinysponsor is not a trustee or fiduciary to any party in respect to any Facilitated Payments or any Campaign. Tinysponsor reserves the right, at its sole discretion, to place a hold on a Facilitated Payment, if Tinysponsor determines that the funds may be subject to a breach of applicable law (e.g. fraud or money laundering), or if Tinysponsor is required to cooperate with law enforcement, or if Tinysponsor is in the midst of resolving disputes between parties of the related Campaign.
  3. Tinysponsor currently uses a third party payment processor to collect Facilitated Payment from Sponsors and to pay Creators. By receiving these Facilitated Payments, you agree to its terms and conditions of use. You acknowledge and agree that Tinysponsor has no liability with regard to any fees or problems you may have with our payment processor, in connection with receiving any Facilitated Payments.

  1. Purchases and Refund Policy
  1. Sponsors are responsible for reading and comprehend fully a Creator’s posted profile and packages on the Site before purchasing a package, or making an offer of sponsorship. This is to minimize any misunderstanding between Creators and Sponsors about the Campaign and its specific terms.
  2. When you purchase a package that has a posted deposit amount, you acknowledge that you understand that this deposit amount is not refundable in any way. You also agree that Tinysponsor is not responsible for any amount greater than the refundable portion of the package (ie total package amount minus any deposit amount).
  3. Your valid payment method will immediately be charged the full sponsorship package amount when a Campaign commences and the Creator will receive the non-refundable deposit amount, if any, immediately. However, the Creator will only receive the refundable amount of the Campaign after the delivered sponsorship work has been approved. If Tinysponsor is not able help resolve any Campaign disputes, Tinysponsor will in its discretion, return the refundable amount of the Campaign back to your payment method.
  4. If you need any help regarding your Campaign purchase, please email Tinysponsor at support@tinysponsor.com.

  1. Confidentiality.
  1. You agree not to disclose any Tinysponsor Confidential Information without our prior written consent. “Tinysponsor Confidential Information” includes: (i) the existence of beta features of the Site and Services; (ii) all Tinysponsor technologies, software, and documentation related to the Site and Services; (iii) all statistics relating to performance as pertaining to the Site and Services; (iv) any other information provided by Tinysponsor which is reasonably understood to be confidential based on the circumstances or nature of disclosure. Tinysponsor Confidential Information does not include information that was independently developed by you without reference to Tinysponsor Confidential Information, any information that is in the public domain without breach, information known to you prior to your use of our Services, or information that was lawfully provided to you by a third party.

  1. Advertisements.
  1. Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to Content, user-generated content, queries, or other information. The manner, mode, and extent of advertising by or permitted by us on the Site are subject to change without specific notice to you. In consideration for our granting you access to and use of the Site and Services, you agree that we may place such advertising on the Site or Services.

  1. Messages, Requests, or Other Comments or Content to or for Us.
  1. The Site may provide you with the ability to contact us through email addresses, contact forms, or other means. To the extent that you do so and send along any ideas, input, feedback, or anything of similar nature, you grant us a perpetual, irrevocable, nonexclusive, royalty-free license to use any such ideas, input, feedback, or anything of similar nature to change our existing products or services, to develop new products or services, or otherwise in our business.

  1. Restrictions on Use of the Site.
  1. You may use the Site for purposes expressly permitted by the Site. You acknowledge and agree that Tinysponsor may suspend your use of the Site, without notice, in the event that Tinysponsor, in its sole discretion, suspects that you are in violation of any provision of these Terms or any applicable law. As a condition of your use of the Site and related Services, you represent and warrant to us that you will not use the Site or Services for any purpose that is prohibited by these terms, conditions, and notices and will do none of the following:
  1. You agree to cooperate with Tinysponsor in causing any of the prohibited activities set forth in this section to cease immediately.

  1. Third Party Sites.
  1. Tinysponsor may enable you to link your Tinysponsor Account with a valid account on a third party social networking, email or content service including but not limited to Facebook, Instagram, YouTube, or Twitter, (such service, a “Third-Party Service” and each such account, a “Third-Party Account”) by allowing Tinysponsor to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
  2. This Site may contain links to sites of Third Party Services which are not maintained by, or related to, Tinysponsor. Links to such sites are provided as a convenience to users. Tinysponsor is not responsible for, and makes no representations or warranties about, the content, completeness, or accuracy of these links or any materials on the sites hyper-linked to this Site.

  1. Geographic Restrictions.
  1. The Site is controlled and operated by Tinysponsor from its offices in the State of California in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

  1. Warranties And Disclaimers.
  1. You represent and warrant that (i) you have full power and authority to enter into and be bound by these Terms; (ii) you are legally authorized to act on behalf of another person or a corporate entity; (iii) Tinysponsor has never previously terminated or otherwise disabled a Tinysponsor account created by you due to your breach of these Terms or another agreement with Tinysponsor or due to impermissible activity; (iv) entering into or performing under these Terms will not violate any agreement you have with a third party of any third-party rights; and (v) all the information provided by you to Tinysponsor is current and correct.
  2. YOUR USE OF THIS SITE AND ACCEPTANCE OF CONTENT IS SOLELY AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TINYSPONSOR DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. TINYSPONSOR DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OF OTHER HARMFUL COMPONENTS. TINYSPONSOR DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OF OTHERWISE AND IS NOT LIABLE FOR ANY CONTENT THAT ARE POSTED BY USERS. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND TINYSPONSOR MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT TINYSPONSOR, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE TO YOU OR YOUR PROPERTY ARISING FROM THE USE OF THIS SITE OR ITS CONTENT.

  1. Limitation of Liability.
  1. TINYSPONSOR, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF TINYSPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT, WILL THE COLLECTIVE LIABILITY OF TINYSPONSOR AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT OF FEES PAID OR PAYABLE TO TINYSPONSOR BY THE CREATOR (AS DEDUCTED FROM FACILITATED PAYMENTS) FROM THE CAMPAIGN RESULTING IN THE EVENT GIVING RISE TO SUCH LIABILITY, AT TINYSPONSOR’S DISCRETION. IN ALL CASES, TINYSPONSOR AND SPONSORS WITH ACTIVE ACCOUNTS ON THE SITE, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS AGREED TO THESE TERMS IN RELIANCE ON THE LIMITATION OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE IN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

  1. Indemnification.
  1. You will indemnify and hold Tinysponsor, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any claims or liabilities due arising out of or related to your access to the Site, any Services provided to you, your alleged breach of these Terms, and alleged violations of applicable law through your access of the Site or your use of the Services. You agree that the Indemnified Parties will have no liability in connection with any such breach, Content on the Site, or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith.

  1. Security.
  1. You are prohibited from using any Services or facilities provided in connection with the Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Tinysponsor reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Tinysponsor reserves the right to investigate suspected violations of these Terms.
  2. Tinysponsor reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Tinysponsor to disclose the identity of anyone posting any messages or Content, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD TINYSPONSOR HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TINYSPONSOR DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER TINYSPONSOR OR LAW ENFORCEMENT AUTHORITIES.

  1. No Waiver.
  1. No delay or failure by Tinysponsor to enforce any of these Terms shall constitute a waiver of any of our rights under these Terms. Neither the receipt of any funds by Tinysponsor nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms. Only a specific, written waiver signed by an authorized representative of Tinysponsor shall have any legal effect.

  1. Severability.
  1. If any clause or provision set forth in this Terms statement is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.

  1. Governing Law, Jurisdiction, Jury Trial Waiver, Class Action Waiver and Venue.
  1. These Terms, and any disputes arising under or related to these Terms or to the Site, will be governed by the laws of the State of California, without reference to its conflict of law principles. In addition, you acknowledge and agree that you irrevocably waive your rights to a trial by jury in any action or proceeding arising out of or relating to this Agreement or the transactions relating to its subject matter. For any disputes that are not resolved through good faith negotiations or for any declaratory relief, including, but not limited to, injunctions or temporary restraining orders sought by either you or Tinysponsor, such disputes shall be resolved by binding arbitration in Los Angeles, California, administered by the American Arbitration Association under its Commercial Arbitration Rules then in effect, and you expressly waive all objections to jurisdiction and venue for such matters. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TINYSPONSOR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
  2. Exceptions. Notwithstanding Section (a) above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
  3. These English-language Terms are Tinysponsor’s official agreement for using the Site and accessing its Services. In case of any inconsistency between these English-language Terms statement and its translation into another language, this English-language document shall control.

  1. Miscellaneous.
  1. Independent Contractor. Tinysponsor and you are independent contractors and these Terms do not create or suggest any affiliation, association, partnership, agency, partnership, or joint venture between the parties. Neither party shall represent itself or act as the associate, partner, agent or joint venturer of the other party in any way whatsoever. This Agreement does not create any third-party beneficiary rights. In any action to enforce these Terms, the prevailing party will be entitled to costs and any fees associated with such enforcement. Any cause of action brought by you against Tinysponsor or Tinysponsor’s affiliates must be instituted within one after the cause of action arises or be deemed forever waived and barred. You may not assign your rights and obligations under these Terms to any third party, and any purported attempt to do so shall be null and void. Tinysponsor may freely assign its rights and obligations under these Terms.
  2. Force Majeure. In addition to any excuse provided by applicable law, Tinysponsor shall be excused from liability for non-delivery or delay in delivery or availability of Services arising from any event beyond Tinysponsor’s reasonable control, whether or not foreseeable by either party, including, but not limited to, labor disturbance, war, fire, accident, adverse weather, or changes in law, treaties, rulings, regulations, decisions or requirements of any governmental, administrative or regulatory agency, Internet disturbance, and other causes or events, whether or not similar to those which are enumerated above.

  1. Consent to Electronic Communications.
  1. By using the Site, you consent to receiving certain electronic mail from us to the address you provide to us during Account registration, for operational purposes, including but not limited to account management, customer service, and system maintenance, and to provide you with information about Tinysponsor, the Site and/or Campaigns. We may also communicate with you using this or other electronic means to help us collect more optional information about you so we can better match you with Campaigns.

  1. Changes to this Agreement.
  1. At any time, Tinysponsor reserves the right, in its sole discretion, to modify, alter, or otherwise change these Terms as well as other posted agreements that contain guidelines or rules applicable to related Services on Tinysponsor that may contain terms and conditions in addition to those in these Terms. We may provide notice of such change on the Site or by other means as determined in our sole discretion. Please review the Terms and/or additional terms periodically for changes. Your continued use of the Site and the Services constitute your acceptance of and agreement to be bound by these changes without limitation, qualification or change. If at any time you determine that you do not accept these changes, then your sole remedy is to stop using the Site.

  1. Contact Us.
  1. If you would like to contact us in connection with these Terms or your use of the Site, then please contact us at 12655 W. Jefferson Blvd., Los Angeles, CA 90066 or email us at support@tinysponsor.com.