TERMS OF SERVICE FOR PUBLISHERS
as of October 2022
For the purposes of these regulations, the following words, terms and expressions wherever mentioned shall have the following meaning, save where the context requires otherwise.
“App” means a mobile software application called indaHash, available for iOS and Android platforms, provided by IDH, which the User can use to access the Service, in a version downloaded by the User (updated afterwards, if applicable).
“Withdrawal Form” means a form that allows to withdraw from the Agreement as in Attachment/Schedule 1 to this document, as required by the consumer rights, meaning the 2013 law implementing EU law on consumer information, withdrawal and other consumer rights (for Ireland: Statutory Instruments No 484/2013).
“IDH” means IDH MEDIA Limited, a company incorporated under the laws of Ireland, with its registered office at 22 Northumberland Road, Ballsbridge, Dublin 4, Ireland, entered into the Registrar of Companies under the company number: 563441, VAT EU: IE 3376160DH and other entities part of a group companies, in particular IDH Media S.A., IDH Media Pte. Ltd, IDH Media FZ-LLC
“Campaign” means the promotional and marketing activities designed, produced or invented by the Advertiser, shared by IDH to all or selected Publishers in scope of Services through the App (even if the Material is not published via the App or other tasks are executed outside of the App).
“Product Campaign” means a campaign that includes sending Products to Publisher to create Materials
“Materials” means any material published by the Publisher within the Campaign or delivered otherwise within the Campaign or other event as agreed with IDH, specifically photos, audiovisual, graphic and other similar content.
“Social Media Platforms”, “Social Media” mean every or applicable (depending on situation) social media platforms, on which the campaigns can be executed. In particular Instagram (www.instagram.com), Facebook (www.facebook.com), Snapchat (www.snapchat.com), Twitter (www.twitter.com), TikTok (www.tiktok.com).
“Product” means an item sent or a service shared to Publisher by/on behalf of the Advertiser (or his client) which shall be used for Product Campaign with regards to the Campaign Rules.
“Terms of Service”, “T&C” always means the current version of IDH terms of service for Publishers, along with the attachments.
“Advertiser”, “Client” means a third party, contracting with IDH for order and development of the campaign and campaign rules.
“Service” means a digital service under the name indaHash, which under the Agreement is accessed by Publisher (through an App) and Advertiser (through a website), under which IDH acts as an intermediary between Advertiser and Publisher, serving as a communication platform through which Publisher can find out about Campaigns and participate in them after meeting the pre-defined requirements and therefore receive Remuneration, and Advertisers can lay out and share the rules and conditions of the Campaign, order campaigns and control their course or use other available at the time functionalities.
“User” means a person who has in compliance with the rules set out in these T&C signed up and began to use the App.
“Publisher” means a User, being a user of relevant Social Media Platform in compliance with the terms and conditions thereof, who meets all other criteria set out in these T&C and who has successfully joined the Campaign through the App or outside the App based on the signed with IDH agreement,, giving the consent to the conditions within an Agreement, including above all the T&C.
“Remuneration” means a monetary compensation paid for proper execution of the Campaign by the Publisher, including licence and consents within this T&C or/and specified in the Campaign Rules, which may be decreased based on the rule laid out in these T&C (hereunder referred to as “Deduction”).
“Campaign Rules” means rules, guidelines, requirements and other conditions developed by the Advertiser in reference to a given Campaign, visible in the App, which the Publisher undertakes to comply with by joining the Campaign.
REGISTRATION AND ELIGIBILITY
1. In order to register for the Service as a Publisher, a User must:
a) have full legal capacity or have obtained a valid parental consent (consent should be shared on every request of IDH) to enter into legal transaction
b) have an active account on relevant Social Media Platforms (as of the date of acceptance of these T&C – on Facebook or Instagram) provided that the account successfully goes through the verification process and gets approved by the IDH (specifically with regard to the number of followers, profile activity and history)
c) download the App
2. Should the User not agree with these Terms and Conditions, he/she shall not register as a a Publisher.
3. By clicking on a relevant checkbox, the Publisher agrees for the commencement of the Service.5. Following the correct sign up the Publisher unconditionally accepts all terms and conditions herein, the Publisher shall be granted an access to the Service.
4. The access to the Service does not guarantee participation in any of the Campaigns. The Publisher decides on the participation in a Campaign, provided that the Campaign and the Publisher have been approved. The Publisher is not obliged to undertake any activities in the scope of the Campaign prior to the receipt of participation approval.
5. The Service is made available by IDH. The User may access it through the App or by contacting an IDH representative. The User’s access to the Service via the mobile App depends on the functions and other technical parameters of the User’s device on the iOS or Android platform.
6. The App is available in AppStore (for iOS) and Google Play (for Android) for mobile devices.
7. The mobile App is compatible with the following systems: iOS version 9.0 or newer, and Android version 5.0. or newer.
8. IDH does not verify or supervise the materials provided by the Advertiser. IDH only approves the compliance of the materials with the Service, its functions and technical requirements.
9. It is the Publisher’s responsibility to verify on his own whether the publication of posts containing advertisements is permitted under the laws of the country to which the materials posted on Publisher’s Social Media in connection with the Campaign are directed or reached.
1. The User will be able to view the requirements of the individual Campaigns in the App. If the User decides that one of the visible Campaigns interests him/her, he/she will be entitled to enter into an agreement to participate in that Campaign by joining it save for the provisions included in the “Registration and Eligibility”, specifically point 6.
2. By expressing a desire to join a particular Campaign, the User agrees to comply with the Campaign Rules and the description of the Campaign in the Service panel. The User confirms that he/she is aware that a request to join a Campaign requires the approval of IDH or the Advertiser, as applicable. The Advertiser and IDH shall have the right to refuse a request to join the Campaign of a given User without having to give any reason.
3. The User confirms he/she is aware that the Campaign Rules, including the applicable deadlines and the Remuneration, shall be determined for the User taking into account the characteristics of the User’s profiles on Social Media Platforms, in particular with regard to such parameters as the number of followers, the target group and the involvement of the persons in the creation of the image.
4. For the duration of the Campaign, the Publisher undertakes to fulfill the requirements and tasks set out in the Campaign, including publishing Materials on their Social Media accounts that are in line with the description of the relevant Campaign and not deleting, archiving or otherwise concealing them within 12 months of publication.
5. The Publisher undertakes not to change the status of his/her Social Media accounts to private and to include a unique alphanumeric code (hashtag) and/or tag. It is the sole responsibility of the Publisher to include additional hashtags and other detailed descriptions of the Material as required by the laws applicable in his/her jurisdiction.
6. The Publisher shall not be entitled to perform any other activities in the Campaign other than those expressly set forth in the Campaign Rules and its description or any other agreement between the Publisher and the Advertiser/IDH.
7. All Materials require IDH/Advertiser’s approval before the Publisher may use it within a given Campaign. IDH/Advertiser may require the Publisher to correct the Material, in particular IDH/Advertiser may require the substitution of a photo, video or correction of a particular Material partly or in whole. The Publisher agrees to comply with such guidelines immediately. IDH/Advertiser reserves the right to reject the Material at any stage of moderation, usually stating the reason for rejection. The Publisher acknowledges that the Advertiser may select the Material and accept it at its sole discretion.
8. The payment of the Remuneration to the Publisher depends on the Publisher having duly fulfilled all obligations in connection with the Campaign, Campaign Rules and T&C.
GUIDELINES FOR THE PUBLISHERS
1. Publisher represents and warrants that:
a) his social media profiles on which the Material will be published are his official Social Media accounts and are public in nature;
b) will create the Material, exercising the utmost diligence and making full use of his/her professional skills and personal qualities, under the conditions set out in the particular Campaign, respecting the instructions and directions of IDH, the Advertiser, or the persons authorised by them.
c) he/she is entitled to full copyright and related rights in the created Material;
d) the Materials presented for approval have not been previously published or distributed within the meaning of the provisions on copyright and related rights;
e) the submitted Materials will not contain content contrary to good morals, principles of social coexistence or violate the law;
f) the submitted Materials and their use in the Advertiser’s Campaign shall not violate any provisions of law, rights of third parties, including personal rights, and the Materials shall be free of any defects;
g) the presented Material shall support the public image of the Advertiser, and the Publisher shall not disparage the Campaign, IDH or the Client’s products in any way or form.
2. Notwithstanding the other provisions of the T&C and Campaign Rules, at the time of publication of the Material, the Publisher shall mark it in accordance with the law, necessary requirements and good practices in force in the given market in which the Campaign is being implemented, in particular the Publisher shall be required to mark the Material as sponsored/published in accordance with the applicable law and rules applicable to the relevant Social Media Platform. This obligation includes in particular, tagging the published Material with the relevant hashtags, such as #advertisement #sponsored and other similar hashtags.
3. The Publisher is prohibited, during the Campaign and within 2 months of publishing the Material, to publish on their Social Media any posts related to or featuring another brand or product competing with the Product or Advertiser involved in the Campaign in which the Publisher participates.
4. The Publisher is obliged not to provide information on their participation in the Campaigns via the Service to third parties, as well as not to disclose details of the Remuneration for the participation in the Campaign to any third party.
5. The Publisher grants IDH and, if IDH so requires, the Advertiser the right to use specialised software to verify the Publisher’s performance of Services.
6. The Publisher shall be obliged to provide IDH without delay and no later than within 2 days of the date of IDH’s request, with all necessary information, data, statistics, reports or any other information which is necessary to verify whether the Material has been correctly executed and which may not be visible, available or accessible to IDH without participation of the Publisher.
7. The Publisher declares and warrants that he/she will not in any artificial manner, contrary to the law or detrimental to IDH or the Advertiser, affect the objectives relevant to the implementation of the Campaign in any way, including fictitiously increasing the number of views or followers of the Publisher’s account on the Social Media Platforms.
8. In case where a third party makes a claim against IDH, Advertiser or entities that use or dispose of the Material with the Advertiser’s consent, arising from a threat or infringement of the rights, goods or interests the protection of which such person may claim, in connection with the use of these service results, the Publisher shall indemnify and hold IDH and the Client harmless from such liability and claims or settle such property claims on its own and pay the resulting damages, including all costs, including legal costs, and obtain at its own cost and risk permission or authority to use or distribute the Material on the terms and for the entire period indicated in the Agreement, without legal defects.
9. Notwithstanding the provisions above, in the event that the representations and warranties of the Publisher set out in the paragraphs above prove to be untrue, the Publisher shall be additionally obliged to pay to IDH a contractual penalty in the amount of EUR 5,000.00 (five thousand euro) for each case. IDH reserves the right to claim damages in excess of the amount of the contractual penalty under general rules. The Publisher shall be obliged to pay the contractual penalty within 30 days from the date of receipt of the written request for payment.
10. The User represents and warrants that he/she will not use the Service in a manner that is incompatible with its purpose and that could hinder or prevent access by other Users to the Service or by other Publishers to the Service/App. In the event that the operation of the Service is jeopardised for the reasons set out in the preceding sentence, IDH, having first requested the User to cease and desist from illegal activity, may suspend the User’s access to the Service. In case where due to the seriousness of the breach of the rules, IDH’s immediate intervention is necessary and it is not possible to call on the User in advance to cease and desist from the illegal activity, IDH shall be entitled to immediately suspend access to the Service, of which IDH shall immediately notify the User.
1. The Publisher undertakes to monitor and comply with the current information on the Campaign, Campaign Rules and changes to the Service, and undertakes to comply with them.
2. In the event that the Publisher carries out an activity related to the Campaign:
a) without the relevant hashtag and/or tag;
b) after a lapse of time specified in the Campaign Rules or set out by IDH, in case of lack of definition of such a time in the Campaign Rules or by IDH, after a lapse of 24 hour period from the date of enrolment in the relevant Campaign;
c) in a manner inconsistent with the Campaign Rules;
d) in a manner that undermines the Advertiser’s image;
In any such situation, IDH shall be entitled – but shall not be obliged – to notify the Publisher through the Service that the specific activity does not entitle the payment of the Compensation as having been performed incorrectly or not in accordance with the Campaign or the Campaign Rules, as the case may be.
3. IDH may temporarily or permanently block a User’s account on the App or impose other sanctions if a User does not comply with the Campaign Rules or otherwise violates the provisions of the T&C or other guidelines indicated by IDH. In the event of a breach of the provisions set out in the T&C, IDH shall have the right to withhold payment of the Remuneration or, if the Remuneration has already been paid, the Publisher shall be obliged to return it, subject to other provisions of the T&C.
1. The Publisher shall be entitled to the Remuneration for the correct and due creation and publication of the Materials or the performance of other activities indicated by IDH, which shall be paid by IDH within the time limits each time specified by IDH. In exceptional cases, IDH has the right to pay the Remuneration in part or in full, under the terms and conditions individually specified by IDH. In the event that the commissioned Material is not performed or is not performed in accordance with the Campaign, the Campaign rules and/or the IDH guidelines, the Publisher shall be obliged to repay the Remuneration paid, together with statutory interest.
2. The Remuneration paid to the Publishers shall be settled, whereby due payment service charges (in particular the fast payment option) and payment operator service charges and electronic transfer (if applicable) shall be deducted before the final amount is settled in favour of the Publishers.
3. Remuneration payable in cash will be settled after the Publisher submits a payment request in the App, such request: may not be submitted more than once per calendar month and will include an amount of Remuneration not less than the minimum payment amount specified for each market and defined (visible) in the App.
4. The payment of Remuneration to individual Publishers is payable once IDH has received payment from the Advertiser.
a) The Publisher may choose to make a fast payment option in the App, if available. Fast payment may involve an additional Deduction. The availability and conditions of the fast payment are specified directly in the relevant section of the App and may be determined individually for each Publisher and Campaigns.
b) The Remuneration due to the Publishers will be transferred according to the terms offered by IDH and visible in the App. The Publisher shall be fully responsible for the correctness and transmission of the data necessary for the payment of the Remuneration. Neither IDH nor the Advertiser shall be liable for any errors, inaccuracies or incompleteness in the bank account details, Paypal transfer details or wallet name in the case of payment in cryptocurrency, nor any deficiencies in the required data to be provided by the Publisher.
c) If the payment of the Remuneration for the Publishers’ participation in any Campaign or other event involving IDH is made through the App, unless a separate agreement expressly provides otherwise, the T&C in question, including in particular the provisions concerning the licence of Materials, even if the Material has not been published/submitted through the App, shall apply accordingly. By accepting these Regulations, the Publisher agrees to such scope of application of the T&C.
5. In cases where the Publisher orders a payment before the receipt of the payment from the Advertiser – IDH reserves the right to charge a handling fee amounting to 5% of the total value of the order payment.
6. Payment in the base and local currencies:
a) payments in PLN to Poland and in EUR within the eurozone – fees are borne by IDH andI do not charge the publisher;
b) payments in PLN outside Poland and in EUR outside the eurozone:
● for SHA transfer type – IDH charges EUR 2.50 or its equivalent in PLN;
● for an OUR transfer – IDH charges EUR 20 or its equivalent in PLN;
c) USD payments outside Poland and outside the eurozone:
● for SHA transfer type – IDH does not charge;
● for a transfer type OUR – IDH charges USD 25;
d) USD payments in Poland and in the eurozone:
● for SHA transfer type – IDH charges USD 3 or its equivalent in PLN;
● for a transfer of type OUR – IDH charges USD 25 or its equivalent in PLN;
e) GBP payments to the UK:
● for SHA transfer type – IDH does not charge;
● for a transfer of type OUR – IDH charges GBP 15;
f) payments in GBP outside the UK:
● for SHA transfer type – IDH charges GBP 2;
● for a transfer of type OUR – IDH charges GBP 15;
g) ZAR payments:
● for SHA transfer type – IDH does not charge;
● for a transfer of type OUR – IDH charges ZAR 400;
h) SGD payments:
● for SHA transfer type – IDH does not charge;
● for an OUR-type transfer, IDH charges 3% of the transfer value;
i) transfers in currencies other than PLN, EUR, GBP, USD, ZAR and SGD accepted* by IDH:
● for SHA transfer type – IDH charges 1% of the transfer value;
● other types of transfers – IDH charges 3% of the transfer value.
*In the event where it is not possible to transfer funds in a currency requested by the Publisher, which is other than the base currency – IDH has the right to withdraw funds in the base currency after informing the Publisher.
1. Upon receipt of the Remuneration, the Publisher shall be obliged to fulfil himself/herself all the tax and other public and legal obligations required in such a situation by the law of the country of which the Publisher is a tax resident.
2. IDH shall not be obliged to: (a) perform settlements or payments of taxes or public law dues; (b) file documents or forms; (c) fulfil any other obligations on behalf of or for the benefit of the Publisher, irrespective of the basis for such obligations (contracts or the law of the country of which the Publisher is a national or in which he resides).
1. As part of the Remuneration due, the Publisher grants the Advertiser (in whose Campaign he/she participates) an irrevocable, territorially unlimited, one-year licence, valid from the date of publication of the Material on Social Media, subject to its prior confirmation by the Client, permitting dissemination and use of the Material by the Advertiser authorising the granting of further licences or sub-licences. The licence authorises the use of the published Material in its entirety as well as in its component parts. The licence entitles the Advertiser to distribute and use the Material for advertising and promotional purposes conducted in digital, in particular in the following fields of exploitation:
a) processing, recording, reproduction by any means – including printing by reprographic techniques, sound and/or image recording, magnetic recording, digital media and storage on portable devices;
b) incorporation of the Material or parts thereof into other works of any kind, including other than the original Material;
c) digitisation, introduction into computer memory, introduction into the memory of a portable device, introduction into a computer network and making it available on computer networks, including the Internet and others;
d) use for marketing purposes of any kind (including marketing campaigns, platforms, services or landing pages), business and non-business use, including as combining the Material with a brand, trademark or other indication of the Customer, its product or service;
e) public performance, reproduction, display, broadcast and re-broadcast, and making the Material available to the public so that anyone may access it from a place and at a time individually chosen by them;
f) the exercise of derivative rights necessary for the Client’s advertising activities, including alterations, adaptations, additions, updates and modifications of any kind
g) dissemination, making publicly available on the Client’s Social Media the right to repost the Materials created by the Publisher;
h) use of creative elements in whole or in part and combination with other works;
i) paid promotion of the Material (boosting).
2. The licence referred to in the paragraphs above shall give the right to grant a further licence or sub-licence to third parties.
3. In addition, the Publisher, in exchange for access to the Service and the Application, grants IDH an irrevocable, worldwide, one year licence valid from the first publication, to the extent indicated in the paragraphs above, in particular for any kind of self-promotional activities and presentation of the activities carried out by IDH, as well as through the dissemination or reproduction of the Materials during presentations, internal meetings, tenders, case study trainings, closed and open presentations, shows of business achievements.
4. The Publisher declares and confirms that they waive the exercise of their personal copyrights, including copyright supervision, and have consented to the use of their contributions for the advertising purposes specified in the Campaign. The Publisher shall ensure that the Customer or persons designated by the Customer may use and distribute the Materials anonymously without indicating or making visible the data and information about their creators.
5. If the Material contains an image of the Publisher or a third party, the Publisher authorises the Advertiser and IDH to use that image within the scope of the licence referred to above. In the event that the Publisher or a third party withdraws consent to the use of the image depicted in the Material during the term of the licence, the Publisher shall be obliged to reimburse all of the Remuneration that the Publisher has received in connection with participation in the Campaign (or other event) related to the Material in question. In addition, the Publisher shall be obliged to pay IDH a contractual penalty of EUR 1,000 and to cover all losses, damages and indicated costs incurred by IDH and the Advertiser resulting from the withdrawal in question under the general rules. The Publisher must be aware that the withdrawal of his/her or a third party’s consent to the use of the image may cause severe financial damage to both – IDH and the Advertiser (as well as their direct Client, if applicable).
6. The Publisher represents, warrants and confirms that, no later than the time the Material is sent to IDH for approval, it has received the express written consent of the third party shown in the Material to publish that Material and use it for all purposes in connection with the relevant Campaign, including the granting of licences in accordance with these T&C. IDH reserves the right to request such consents and the Publisher undertakes to submit such consents no later than 2 days after receipt of IDH’s request. Failure to send such consents shall mean non-performance of the Services committed to by the Publisher when deciding to participate in the Campaign.
DECLARATIONS AND LIABILITY
1. By reading these Terms of Service and registering as a Publisher, the Publisher declares that:
a) he/she has full capacity to enter into contracts or take other legal action under the laws of the country of his/her nationality or where he/she resides,
b) there is no legal or factual impediment to register on the App,
c) all the necessary legal and regulatory conditions for registration have been met.
2. The Publisher declares and warrants to the Advertiser and to IDH that he/she has read, understands and accepts the provisions of the T&C and will read the terms and conditions of the relevant Campaign in detail.
3. The Publisher is solely responsible for his/her account(s) on Social Media Platforms and for the conduct of all activities commissioned by IDH within the scope of the Campaign in accordance with the applicable laws, guidelines and rules of the Social Media Platforms.
4. The Publisher acknowledges that if this Agreement is decided by a person who does not have legal capacity (or has limited legal capacity) the Agreement shall not be concluded without the consent of their parents or legal guardians. The Publisher shall be liable for any losses incurred, directly or indirectly, by IDH as a result of the conclusion of the Agreement by a person without the legal capacity.
5. The Publisher shall be responsible for the due performance of the obligations imposed on them under the relevant Campaign and shall be obliged to bear all costs arising from their performance of their obligations during the relevant Campaign. Determination of the nature of the costs shall be the responsibility of the Publisher and shall take place prior to the start of the Campaign.
DATA PROTECTION AND PRIVACY
1. In fulfilment of the information obligation pursuant to Article 14 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter: “GDPR”) – in relation to the acquisition of personal data, the Joint Controllers of personal data (i.e. entities that jointly determine the purposes and means of data processing) are: IDH Media Limited with its registered office at 22 Northumberland Road, Ballsbridge, Dublin 4, Ireland and IDH Media S.A. with its registered office at 19 Piękna Street, 00-549 Warsaw, Poland.
1. Upon registration via the App and subsequently upon login to the Service via the App by the Publisher, IDH is required to secure the connection on the Site or App using SSL. It is an industry standard technology used to protect against unauthorised interception of information.
2. To protect against fraud, IDH may implement its own additional security procedures on the App. IDH reserves the right to improve, change and update security procedures.
3. The Publisher acknowledges and agrees that there are risks associated with establishing an Internet connection. The Publisher also acknowledges that the Internet is a medium over which IDH has no control. To the extent permitted by law, IDH expressly disclaims liability for the interception of any information and data or for any loss or damage suffered by the Publisher as a result of the loss of information and data on the Internet or for delays in its transmission.
4. In order to protect the personal data provided electronically by the Publisher in the App from unauthorised access and from modification, IDH will use technological solutions to protect the IDH database from unauthorised access.
1. EXCEPT AS EXPRESSLY PROVIDED HEREIN AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IDH DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, CONDITIONS AND TERMS, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SERVICE, AND OTHER RELATED INSTRUMENTS. IDH DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION. THE WARRANTIES CONTAINED HEREIN ARE THE SOLE AND EXCLUSIVE WARRANTIES THAT USERS/PUBLISHERS WILL RECEIVE IN CONNECTION WITH THE PROVISION OF THE SERVICE.
2. IDH shall not be liable for any costs or losses incurred by the Publisher in connection with the Publisher’s performance of its obligations under its participation in the Campaign. IDH shall not be liable for any losses, including indirect losses incurred by the Publisher, or profits lost while using the Service/App.
3. IDH shall not be liable for non-payment of the Remuneration in the event of non-payment by the Advertiser.
4. IDH does not guarantee the proper functioning of the Service. IDH provides the Service in an “as is” condition. Although the Service has been tested and includes the intended functions, IDH does not guarantee the correct functioning of the Service.
5. IDH shall not be liable for any interruption of access to the Service, for any breaches or loss of data in the processing of data, for any defects in the security system or for the undesirable effects of viruses or other types of malware when using the Service.
6. IDH shall not be liable for any costs or losses incurred by the Publisher in connection with the Publisher’s performance of its obligations under its participation in the Campaign.
7. Nothing in the foregoing is intended to exclude or limit IDH’s liability for death or injury caused by negligence or deliberate misrepresentation on the part of IDH.
INTELLECTUAL PROPERTY RIGHTS
1. IDH remains the owner of and the rightholder of all copyrights, trademarks, intellectual property rights and other rights relating to the Service and the App.
2. The texts, data, graphics, illustrations, logos, photographs, files and other materials on the Website or the App, as well as their selection, arrangement, coordination and juxtaposition and the overall look and feel of the Website are the intellectual property of IDH or the owners of the materials and are protected by law. They are protected by copyright, design rights, patents, trademarks and other provisions, including provisions of international conventions and intellectual property law.
3. The User shall use the App:
a) in a manner consistent with applicable law, the T&C and the documents referred to in the T&C,
b) to respect the personal rights of third parties (including the right to privacy) and any other rights to which they may be entitled.
4. The User shall be obliged to use all information and materials made available via the App only within the scope of permitted use.
5. The User shall immediately notify the App Administrator of any infringement of rights in connection with the use of the App.
6. You may stop using the App at any time. Discontinuing use requires you to uninstall the App from your mobile device.
7. You use the App voluntarily, at your own risk.
8. The User, by proceeding to use the App, shall be fully responsible for any damage caused as a result of behaviour that infringes rights, including copyright, trademark rights, rationalisation design, ornamental design, patent, personal and property rights of IDH MEDIA, the Client or third parties and any other intellectual and industrial property rights.
CHANGES TO THE IDH TERMS AND CONDITIONS
1. IDH reserves the right to amend/update these Terms of Service.
2. Each document shall indicate on its first page the last update of the T&C. The T&C in force for each Campaign shall be the Regulations in force at the time of commencement of the activities related to the Campaign by the Publisher.
3. IDH shall also have the right to amend these T&C, depending on the Campaign realised by the Publisher, in order to take into account the following circumstances each time: changes in the relevant regulatory laws and requirements; the need to align IDH’s activities with the obligations, rulings, decisions, indications or guidelines of the regulatory authorities resulting from a decision of a public administration body having jurisdiction over IDH or from a court decision concerning IDH’s activities affecting the reciprocal rights and obligations set out in the Agreement; a change in the way in which IDH provides electronic services resulting exclusively from technical or technological reasons; a change in the scope or principles of the provision of the Service, as presented and discussed in the provisions of the Agreement, by IDH involving the introduction of new features or services, the modification or removal of existing features or parts of the Service.
4. If these Terms of Service are changed, IDH will inform the Publisher of this fact in the App and by email. In this case, the Publisher shall have the right to terminate this Agreement within 14 days following the day on which the Publisher became aware (or could objectively have become aware) of the change to the Terms of Service, of which the Publisher must effectively inform IDH, e.g. by sending the relevant message via the contact form available on the App. Continued use of the Service is tantamount to acceptance of the amended Terms and Conditions.
WITHDRAWAL, DURATION AND TERMINATION
1. The T&C and the terms and conditions herein shall enter into force upon the registration of the User as a Publisher in the App.
2. To the extent that the Publisher is a consumer and the T&C are accepted by the User registering as a Publisher, this document has the nature of a distance contract to which the provisions on consumer rights apply.
3. The Publisher shall have the right to withdraw from the contract so concluded (and thus to deregister from the Service) within 14 days from the date of receipt of information on the positive verification (approval) of the Publisher. The decision to withdraw shall be made without having to state the reasons for the withdrawal and without having to bear any costs other than those resulting from the applicable legal provisions.
4. The Publisher shall be entitled to withdraw from the contract for the provision of the Service thus concluded. The declaration of withdrawal may be made via the App.. However, the consumer shall have an unrestricted right to communicate his withdrawal in an unambiguous, clear and written manner..
5. The right of withdrawal shall not apply in the event that the Service is commenced with the express consent of the Publisher before the expiry of the withdrawal period and after IDH has informed the Publisher that he or she no longer has a right of withdrawal.
6. With regard to the Service, the Publisher shall have the right to decide whether he/she retains the right of withdrawal or decides to start making the Service available. Having decided to retain the right of withdrawal, the provision of the Service shall commence after the expiry of the statutory period for withdrawal, i.e. 14 days.
7. The Publisher has the right to discontinue the use of the App at any time or, as appropriate, to request the deletion of their account on the App, together with the personal data previously provided, by sending the relevant message via the contact form available on the App, provided that the termination is effective after the end of all the Campaigns started in which the Publisher is participating. IDH does not have to readmit a Publisher who has unsubscribed from the Service (without having to give reasons for its decision).
8. IDH reserves the right to immediately terminate the possibility of using the Service as well as the App and to block the User’s access to the Services in the event that:
a) The User does not comply with the terms and conditions of the Campaign and violates laws and statutes, acting to the detriment of the Advertiser or IDH,
b) The User acts dishonestly by creating artificial traffic to their profiles on Social Media Platforms or App;
d) The User deletes his/her Social Media account in its entirety or deletes part of its content, or his/her account is otherwise deleted;
e) The User changes the status of his/her account on Social Media from public to private;
f) a specific Social Media Platform ceases its operation or substantially changes its scope of activity;
g) The User does not participate in any Campaign within 3 months of the confirmation of the registration of the account in the App. IDH will immediately notify the User of such actions via an email. The cooperation of the Parties shall cease immediately upon termination. From that point onwards, the User shall not be entitled to receive Remuneration for participation in the Campaigns.
9. IDH reserves the right to modify, update, amend or suspend the provision of the Service, and thus terminate the use of the App and its Services, with 14 days’ notice. In the case referred to in the sentence above. The Publisher shall be entitled to receive the Remuneration due to it as of the date of termination provided that the data provided by the Publisher is up-to-date, correct and complete.
1. The Publisher shall not be entitled to transfer his/her rights or obligations under this Agreement, in whole or in part, to third parties without the prior express consent of IDH expressed in writing under pain of nullity.
2. Registration on the App and participation in the Campaigns does not give rise to an employment relationship or the establishment of a company and must not be treated as such. The relationship between the Publisher and IDH is one of providing the Service, nothing in these T&C shall make the Publisher an employee, representative or partner of IDH, and the Publisher shall not be entitled to claim to be such.
3. In the event of any dispute arising out of the provisions of these Terms of Service, the Parties shall use their best efforts to find a solution through mediation.
4. The Vienna Convention on the International Sale of Goods shall not apply to the Agreement.
5. This Agreement shall be governed by the laws of Ireland and the parties submit to the non-exclusive jurisdiction of the courts of Ireland in relation to any dispute (contractual or non-contractual) arising out of the Agreement or its terms. If the Publisher is a resident of an EU country other than Ireland, the Publisher may also bring proceedings in the country in which they reside provided that they are entitled to do so under the applicable law.