Topfluenz Terms of Service

Welcome to Topfluenz ("Topfluenz," "we," "us," and "our"), accessible through the topfluenz.com domain (referred to as the "Site"). By accessing the Site and its associated services, including data, content, documentation, and information ("Services"), you (referred to as "you," "your," and "yours") agree to abide by the terms outlined in this Agreement.

Topfluenzs' Privacy Policy, available at (referred to as the "Privacy Policy").

Topfluenzs' Privacy Policy, available at topfluenz.com/privacy (referred to as the "Privacy Policy").

If applicable, the Creator Agreement and the Company Agreement.

If you disagree with the terms outlined in the Topfluenz Agreements, you are not authorized to use any of the Services, and accessing or using any portion of the Site is prohibited.

We reserve the right to modify this Agreement at any time, and such modifications will become effective immediately upon posting the revised Agreement or notifying you. You are responsible for periodically reviewing this Agreement to stay informed of any changes. By continuing to access or use the Site and/or Services, you acknowledge and accept any modifications to the Agreement.

1. definitions:

“Accepted Company ” refers to the Company that submits a Company’s Request via the Platform, which subsequently becomes an Accepted Request.
“Accepted Request” denotes a Company’s Request posted through the Platform that a Creator accepts, resulting in the Company compensating the Creator for their Content.
“Account” signifies an account established by you through our Site to register for our Services.
“Affiliates” include Topfluenz’s officers, directors, employees, contractors, agents, information providers, and suppliers.
“Agreement” refers to this Terms of Services agreement.
“Company” represents an entity that manufactures, creates, or develops specific Products under a distinct name.
“Company Agreement” constitutes the terms and conditions outlined in Section 3.4.1 of this Agreement, applicable to all Users utilizing the Services as Company Representatives.
“Company Complaints” pertain to inquiries, questions, concerns, complaints, and/or comments from a Company regarding the Creator’s Content.
“Company’s Marks” encompasses a Company’s trademarks, service marks, logos, name, branding, likeness, and similar identifiers.
“Company Representative” denotes a User representing a specific Company.
“Companys’ Request” signifies an offer and proposal posted via the Services by a Company for a specific Creator’s Content, detailing the requirements for each Project, including pricing, payment, content type, deadlines, and duration.
“Compensation” covers any tangible or intangible payment owed, including monetary, royalty fee, service fee, commission, benefit, reward, or recognition.
“Content” refers to all content displayed on the Site.
“Creator” represents a User creating Creator Submitted Content and/or Creator’s Content for an Accepted Company as per an Accepted Request.
“Creator Agreement” encompasses the terms and conditions specified in Section 3.4.2 of this Agreement, applicable to all Users utilizing the Services as Creators.
“Creator’s Complaints” refers to inquiries, questions, concerns, complaints, and/or comments from a Creator regarding a Company’s Request and/or the Company’s Product.
“Creator’s Content” includes all content created, designed, or developed by a Creator in response to a Company’s Request and/or an Accepted Request, comprising artwork, photographs, drawings, text, media files, Videos, and Testimonials related to the Company, incorporating the Creator’s Intellectual Property Rights.
“Creator Submitted Content” covers any information, photos, Videos, Testimonials, and other content that a Creator uploads, publishes, or displays through the Services or on the Site, excluding any Creator’s Content purchased by a Company through an Accepted Request and any Unpurchased Creator’s Content.
“Damages” encompasses any harm, damage (including property, name, or goodwill damages), or bodily injury, caused by a User to a Person or the Company.
“Governmental Authority” refers to any federal, state, local, or foreign government, political subdivision thereof, or any agency, instrumentality, or regulatory authority.
“Intellectual Property Rights” includes patents, inventions, trade secrets, trademarks, copyrights, database rights, design rights, and other intellectual property rights, whether registered or unregistered.
“Topfluenz Agreements” collectively include the Agreement, the Privacy Policy, and, if applicable, the Creator Agreement and Company Agreement.
“Law” signifies any statute, law, ordinance, regulation, rule, code, order, constitution, treaty, common law, judgment, decree, or other legal requirement.
“Legal Action” entails filing or bringing any claim, demand, action, suit, arbitration, inquiry, proceeding, or investigation before any court, tribunal, or regulatory agency concerning Company Complaints, Creator Complaints, or User Disputes.
“Material” encompasses all materials downloaded from the Site, such as documentation, text, software, photos, video, graphics, and music or other multimedia files.
“Platform” includes our proprietary technology and software accessible through the Site.
“Person” denotes any individual, corporation, partnership, trust, limited liability company, association, or other entity.
“Post” or “posting” involves sharing, uploading, publishing, or displaying content.
“Product(s)” refers to articles, items, goods (tangible or intangible), or substances manufactured, produced, or refined for sale, use, or consumption by a Company or services offered by a Company.
“Product Misuse” entails failure to pay for or return Products, intentional or negligent misuse of a Company’s Product resulting in damages, or intentional or negligent misrepresentation of a Company’s Product.
“Profile Information” includes a Creator’s name, picture, image, likeness, Social Media Account handle(s), avatar(s), signature, voice, and biographical information, as incorporated into or referenced in the Creator’s Content or provided to us in connection with Feedback or Creator Submitted Content.
“Project” denotes a Company’s proposed advertising and marketing campaign for a specific Product.
“Prohibited Use” involves using Creator’s Content in a manner endorsing or relating to a Prohibited Request, or portraying, depicting, implying, or inferring Creator or Topfluenz endorsement of a Prohibited Request, or any other objectionable use.
“Prohibited Request” refers to any part of a Company Request requiring, requesting, encouraging, or implying actions violating applicable Laws or causing Damages to any Person or property, or containing objectionable material.
“Services” encompasses all services provided by Topfluenz through the Site and Platform, facilitating Creators to post deal availability requests, interact with Company Representatives and Companies, and create and sell Creator’s Content to companies, and allowing Company and Company Representatives to post Companies’ Requests, interact with Creators, and purchase Creator’s Content.
“Social Media Account” represents an account maintained by a User on a Social Media Platform.
“Social Media Platform” denotes websites and applications enabling Users to create, share, or participate in social networking, such as Facebook, Instagram, and TikTok.
“Social Media Post(s)” involves the Creator posting the Creator’s Content on the Creator’s Social Media Account as part of an Accepted Request, conforming to all Social Media Requirements.
“Social Media Request” signifies a Company request for specific Social Media Posts by a Creator, detailing all Social Media Requirements.
“Social Media Requirements” cover all requirements for a Social Media Post, including frequency, content description, posting platforms, Company information, and any restrictions.
“Testimonial” includes any quote, statement, or declaration made by a Creator regarding the use of a specific Company Product(s), potentially incorporating the Creator’s Profile Information.
Unpurchased Creator’s Content” refers to Creator’s Content created in response to a Company Request but not purchased by the Company, and not included in an Accepted Request, potentially comprising artwork, photographs, drawings, text, media files, Videos, and Testimonials, incorporating the Creator’s Intellectual Property Rights.
“User” encompasses all users of the Site and/or Services, including Creators and Company Representatives.
“User Dispute” covers any disputes between Users related to a Company, Creator, Company Requests, Accepted Requests, Products, Creator’s Content, Company Complaints, and/or Creator’s Complaints.
“Video” signifies a recording of moving visual images, digitally or on videotape, including recordings of Product demonstrations, use, and unboxing.

2. PROPRIETARY RIGHTS; GRANT OF LIMITED LICENSE.

Proprietary Rights: The Content is protected by copyright laws of the United States and other relevant jurisdictions, constituting a collective work owned exclusively by Topfluenz. Certain portions of the Content may belong to third parties, similarly safeguarded under copyright and intellectual property laws. You are permitted to display and, unless expressly restricted, download sections of the Content from the Site solely for non-commercial purposes, unless otherwise authorized. Redistribution, retransmission, or publication of copyrighted material is strictly prohibited without written consent from the copyright owner. You are prohibited from altering or removing any proprietary notices from materials obtained from the Site and using Topfluenz's logo or any proprietary graphic or trademark without explicit written consent. Title, ownership rights, and intellectual property rights in the Content, along with any copies or sections thereof, remain with Topfluenz and/or its content providers. Third-party trademarks, service marks, and logos on the Site are owned and licensed by their respective owners. All rights not expressly granted herein are reserved.

Grant of Limited License: Your access to the Services is granted through a license, not a sale. Subject to this Agreement and upon registering for an Account, Topfluenz provides you with a revocable, non-exclusive, non-transferable account enabling access and use of the Services and the Site. All Content available for viewing and/or downloading on the Site is copyrighted work owned by Topfluenz and/or its suppliers and is licensed, not sold. You are not permitted to lend, lease, rent, or sublicense the Site and/or the Content. Your use of the Services, including Materials, is governed by Topfluenz Agreements. We reserve the right, at our sole discretion and without notice, to terminate your license to use the Site and Services and to block or prevent future access and use of the Site and Services. The license granted does not permit you to (a) publish, publicly perform display, or distribute Materials to third parties, (b) market, sell, or commercially use the Site or any Material, (c) systematically collect and use any data or content, including employing data spiders, robots, or similar methods, (d) create derivative works of the Site or Material, or (e) use framing techniques to enclose any portion of the Site.

3. Agreement.

Account: By utilizing this Site and its Services, you are accountable for creating an Account. Registering for an Account requires providing the necessary information as prompted. You agree to (a) furnish accurate, current, and complete details about yourself during registration, including any Credit Card information if applicable; (b) keep your Account information up to date; (c) review and acknowledge any applicable Fees for Service usage; (d) authorize Topfluenz and its affiliates to charge your Credit Card for incurred Fees; (e) safeguard access to your Account; and (f) accept responsibility for all activities under your Account. Providing false, inaccurate, outdated, or incomplete information grants us the right to suspend or terminate your Account and deny current or future Site and Service usage. Account assignment or transfer to another entity is prohibited. You understand that we are not liable for third-party access to your Account due to theft or unauthorized use. Topfluenz and its associates retain the right to refuse or terminate service, deactivate accounts, or edit content at our discretion.

User Representations: You affirm to Topfluenz that you (a) will maintain the confidentiality of your user identification, password, and other Account-related confidential information; (b) will ensure the security, confidentiality, and integrity of all messages and content transmitted through or stored on the Site; (c) will cover charges resulting from Account usage, including unauthorized use before notifying us in writing and taking preventive measures; (d) are authorized, or have permission from the Credit Card signatory, to pay Fees via your Account; (e) will adhere to Topfluenz Agreements; (f) will comply with relevant U.S. and international laws, regulations, and licenses regarding Site and Service usage; (g) are of legal age and have the authority to fulfill obligations under this Agreement; and (h) all provided information is truthful, accurate, and complete.

You further warrant, represent, and agree not to use the Site or Services in a manner that (a) violates third-party intellectual property, proprietary, or privacy rights; (b) breaches any laws; (c) exhibits harmful, threatening, abusive, defamatory, fraudulent, deceptive, or objectionable behavior; (d) damages Topfluenz' reputation or discourages usage; (e) generates spam or unsolicited messages; (f) distributes malicious software; (g) falsely reports to Topfluenz; (h) bypasses security features; (i) intercepts unauthorized communications; (j) harasses other users; and/or (k) uses the Site for commercial purposes without authorization.

Company Agreement: You are prohibited, both directly and indirectly, from (a) engaging in any activities that contravene the principles of copyright protection and fair use, as delineated in 17 U.S.C. Sections 106-110, without securing explicit written consent from Topfluenz and/or the copyright proprietor; (b) disseminating, exhibiting, renting, leasing, transferring, or otherwise exploiting the Content, either wholly or partially; or (c) eliminating any proprietary notices or labels affixed to the Content.

Company Agreement: By utilizing the Services and Site as a Company Representative, you expressly agree to the terms laid out in Section 3.4.1. You represent, warrant, and agree that:

You are authorized by the Company you represent.
You will provide comprehensive information regarding Projects in a posted Company’s Request.
You have all necessary licenses, consents, and permissions for Platform use, Project execution, and Creator engagement.
Your Projects comply with all applicable Laws and advertising standards.
You grant Creators limited rights to use your Company’s Marks in response to a Company’s Request.
All information provided in a Company’s Request is truthful, complete, and accurate.
You will comply with payment terms.
You will not misuse the Site to harm or invade the privacy of other Users.
You will not engage Creators outside the Services to fulfill a Company’s Request.
You will not copy or disclose Platform Content.
You will not include Prohibited Requests in a Company’s Request.
You will use the Creator’s Content only as specified in a Company’s Request.
You will monitor requested Creator Social Media Posts for compliance with Social Media Regulations.
You are responsible for any Damages caused by your Company or Project.
You will cooperate with Topfluenz in resolving any issues.
We cannot guarantee high quality of the content provided.
Topfluenz and its partners assume no responsibility for the impact, whether positive or negative, of the Creator's post.
You are prohibited from imposing any conditions on Creators for them to qualify for Deals, including but not limited to visiting your site, leaving a review, or providing feedback.
Account suspension may occur due to a Stripe dispute or a violation of the Terms of Service through our messaging system.

Creator Agreement:

By using the Services and Site as a Creator, you agree to the terms outlined in Section 3.4.2. You represent, warrant, and agree that:

Your Creator’s Content is original and does not infringe third-party rights.
You will comply with the Accepted Request terms and Social Media Regulations.
You will promptly report any Prohibited Requests.
You will not return products, or request refunds for reimbursed deals.
You have the skills and legal capacity to fulfill Company Requests.
You will comply with payment terms.
You will not misuse the Site to harm other Users.
You will not engage Companys outside the Services.
You will not copy or disclose Platform Content.
You will only use information from Companys’ Requests as specified.
You will comply with Social Media Regulations.
You will cooperate with Topfluenz in resolving any issues.
Your Creator Tier will be handle in three different levels:
Basic - all new creators start under this tier
Pro Creator - you need to send a video showing Pro Equipment (High Quality camera, lighting equipment, high quality microphone, among others).
Platinum Creator - you need an interview with the Topfluenz Team. Updates can take up to 10 business days. Upon Topfluenz's sole discretion.

You hereby grant to the Accepted Company an irrevocable royalty-free license to use and exploit your Creator’s Content for any purpose except as limited by the terms of this Agreement. Unless and until payment is made in full to you for your Creator’s Content, you understand and agree that you will retain all rights to such Creator’s Content created in connection with an Accepted Request. Upon full payment for your Creator’s Content, all rights to such Creator’s Content shall be transferred by you to the Company; provided, however, that, subject to a Company’s express written consent, the Company may grant you a perpetual, royalty-free, non-exclusive, irrevocable, worldwide license to use or publish such Creator’s Content for personal portfolio use only, including marketing of your services to other Users. You understand that you will have no right, interest or title to any Intellectual Property Rights provided by the Company which shall remain the property of the Company.

Disputes:

You will address Company Complaints, Creator Complaints, or User Disputes to Topfluenz for resolution. Topfluenz will make commercially reasonable efforts to resolve disputes. If Topfluenz determines fault, the responsible party will rectify the issue. You may dispute Topfluenz' Determination and initiate Legal Action. Fees owed will be withheld until Legal Action resolution. You understand that Topfluenz is not liable for any fees or Damages related to disputes. Topfluenz is not responsible for the actions of Creators, Company’s, or Company Representatives.

Banned/Suspension:

Your account can be banned/suspended for the following reasons:

Posting fake content or using Photoshop to manipulate content.
Submitting content after the specified deadline.
Violating the Terms of Service through communications in the Chat feature.
Actions taken at the sole discretion of the platform administrators.

4. payment terms:

To ensure payment to creators for relevant deals, adherence to all bullet points outlined in the Creators Agreement is mandatory. Payments are transferred to a US PayPal account within 10 business days upon completion of the deals. Please note that we retain the right to adjust payment schedules without prior notification.

If funds remain stored in your wallet or elsewhere on the platform for over 90 days, a 25% penalty will be applied to the full amount if the company requests a refund ora payout from the creator side.

5. fees:

You agree to cover all fees associated with using the Services and agree to review your Account and the terms of Accepted Requests for applicable fees (referred to as "Fees"). We reserve the right to modify or adjust the Fees at any time, at our discretion, with prior written notice provided through your Account or via email to the address you've provided. We utilize Stripe as our third-party payment service provider and processor ("Processor") for payment services, including credit card transaction processing and merchant settlement. By using the Site and Services, you consent to abide by the Processor’s Terms of Service and other relevant service agreements, currently accessible at: https://stripe.com/ssa, and the Processor’s Privacy Policy, currently accessible at: https://stripe.com/privacy. You hereby authorize Topfluenz and the Processor to share any necessary information and payment instructions to facilitate payment transactions under this Agreement, including personal, financial, credit card payment, and transaction details. YOU AFFIRM THAT YOU HAVE THE LEGAL AUTHORITY TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHODS UTILIZED FOR ANY FEE OR CHARGE. By providing Topfluenz or the Processor with your Credit Card information, you authorize the Processor to promptly invoice you for all applicable fees and charges owed to us under this Agreement, without the need for additional notice or consent. You agree to promptly inform us and the Processor of any changes to your payment and Credit Card information. You are responsible for any taxes related to your payments and credits received and agree to indemnify and hold Topfluenz and the Processor harmless from any taxes, including sales tax, based on any payments made or received by you in connection with your purchase of Products. You bear sole responsibility for any taxes imposed on payments. If legally mandated to do so, you will furnish us with official receipts issued by the relevant taxing authority or other evidence demonstrating payment of all applicable taxes.

6. company refund terms:

ACH and Wire Transfers cannot be refunded. If funds remain stored in your wallet or elsewhere on the platform for over 90 days, a 25% penalty will be applied to the full amount if the company requests a refund.

No refunds will be provided for Packages Campaigns.
We will not issue any refunds to Companies for content payments made to Creators, or for product refunds to Creators, regardless of the circumstances.
We will not provide any refunds to Companies for product costs paid or shipped to Creators, regardless of the circumstances.
All Packages purchased expire 12 months after the purchase date unless otherwise specified in our sales message to you. After this period expires, Packages cannot be used or refunded.
Topfluenz's refund policy is applicable to package purchases. In the event of a refund, we will refund the remaining monetary amount of the purchased packages, excluding the value already provided. A 25% administration fee will be deducted.

7. operations:

Topfluenz retains full and absolute discretion regarding the operation of the Site. We reserve the right to (a) delete any private messages, if applicable, that have not been accessed by a User within the timeframe established by our policies; (b) in accordance with Section 2, disclose information regarding Users to third parties; and (c) withdraw, suspend, or terminate any functionality or feature of the Site.

8. feedback:

Occasionally, we may invite you to share comments and feedback through the Site. Any comments or ratings provided by you through the Site will collectively be termed "Feedback". By providing Feedback to us, you automatically grant us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, sublicense, reproduce, distribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display any materials or other information (including without limitation, ideas contained therein for new or improved products or services) submitted by you to us. You also acknowledge and agree that your Profile Information may be linked with your Feedback and displayed on the Site, and you hereby grant us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use your Profile Information in connection with your Feedback. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us. Furthermore, you acknowledge and agree that no compensation will be provided for the use of your Feedback, as outlined herein, and that we reserve the right to remove any Feedback posted on the Site at any time at our sole discretion. Additionally, when you provide Feedback, you authorize and direct us to make copies thereof as we deem necessary for the posting and storage of such content on the Site.

9. content and general disclaimers:

General Disclaimer: The Site is provided by Topfluenz on an "as is" basis. We make no representations or warranties of any kind, express or implied, regarding the operation of the Site or the information, content, materials, or products included on the Site. To the fullest extent permissible by applicable law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We cannot and do not warrant against human and machine errors, omissions, delays, interruptions, or losses, including loss of data. We also cannot and do not guarantee or warrant that files available for downloading from the Site will be free of infection by viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. Additionally, we do not warrant or guarantee that the functions or services accessed through the Services will be uninterrupted or error-free, or that defects in the Site will be corrected. This disclaimer of warranty constitutes an essential part of these terms. If you are dissatisfied with any portion of the service or with any of these terms, your sole and exclusive remedy is to discontinue using the service. We reserve the right to change the service or its features at any time and for any reason. Although we strive to provide accurate information on the Site, we assume no responsibility for the accuracy or completeness of the information.

Informational Purposes Only: Any opinions expressed on the Site are the personal opinions of the original author and not of Topfluenz, even if the original author may be employed by us. The Content is provided for informational and entertainment purposes only and is not an endorsement or representation by Topfluenz or any other party. We do not assume any responsibility or liability for any opinion or other commentary posted on the Site, or any third-party website linked to the Site, and make no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the Content.

Disclaimer of Third-Party Information: You understand that when using the Site and Services, you may be exposed to third-party content from various sources, and Topfluenz is not responsible for the accuracy, usefulness, safety, or intellectual property rights of such third-party content. You further understand and acknowledge that you may be exposed to third-party content that may be offensive, indecent, inaccurate, or objectionable, and you agree to waive any legal or equitable rights or remedies you have or may have against Topfluenz with respect thereto.

Links to Third-Party Sites: The Site may contain links to third-party websites. You agree that access to any other Internet Site linked to the Site is done at your own risk, and we are not responsible for the accuracy, availability, or reliability of any information, goods, data, opinions, advice, or statements made available on these other websites. You understand that these links may unintentionally lead to websites containing information that you or others may find inappropriate or offensive. These links are provided for convenience only, and the inclusion of these links does not imply an endorsement or recommendation by Topfluenz. We are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party websites. It is your responsibility to abide by any privacy statements and terms of use posted in connection with these links.

10. indemnification:

You agree to indemnify, defend, and hold harmless Topfluenz and our affiliates from and against all losses, expenses, damages, and costs, including reasonable attorney’s fees, resulting from any action, claim, suit, or demand arising from the following:

Your violation of the Topfluenz agreements;
Your breach of the representations contained herein;
Any activity related to your use of the services, including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct;
Any use or damages related to modified content; and
Your violation of, non-compliance with, or breach of any social media regulation.

11. waiver and released:

You agree that neither Topfluenz nor our affiliates shall have any liability to you under any theory of liability or indemnity in connection with the following:

Your use of the site, the services, the content, or the materials;
Your purchase or use of any creator’s content;
Any mislabeling, misrepresentation, or inaccurate information provided by a creator regarding such creator’s content;
Any mislabeling, misrepresentation, or inaccurate information provided by a Company or its Company representative regarding such Company's request, Company's marks, product, or project;
Use of any modified content;

You specifically acknowledge that Topfluenz and our affiliates shall not be liable for the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. You hereby release and forever waive any claims you may have against Topfluenz and our affiliates (including but not limited to claims based upon the negligence of Topfluenz or our affiliates) for losses or damages you sustain in connection with the released claims.

12. Liability Limitation:

Despite any provisions to the contrary herein, Topfluenz and our affiliates shall not be liable under any legal theory for any indirect, incidental, punitive, or consequential damages, including, but not limited to, loss of profits, business interruption, loss of information or data, or costs of replacement goods, arising from the use or inability to use the site or resulting from reliance on the information presented, even if Topfluenz has been advised of the possibility of such damages.
The site is controlled and offered by Topfluenz from its facilities in the United States of America. Topfluenz makes no representations that the site is appropriate or available for use in other locations. Individuals who access or use the site from other jurisdictions do so at their discretion and are responsible for compliance with local law.
You acknowledge that Topfluenz and our affiliates have no responsibility or liability to you related to the released claims.
Certain jurisdictions may not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

13. Copyright or intellectual property infringement notification:

We uphold the intellectual property rights of others. Should you suspect copyright infringement, kindly notify us, and we will diligently review all claims received, promptly removing any content found to violate applicable laws. To submit a claim, please include the following:

A physical or electronic signature of the individual authorized to act on behalf of the copyright or intellectual property owner allegedly infringed upon.
A description of the copyrighted work or intellectual property in question.
Specific details regarding the location of the allegedly infringing material on the Site to facilitate its identification.
Your contact information, including your address, telephone number, and email address.
A statement affirming your good faith belief that the use of the material in question is not authorized by the copyright owner, its agent, or the law.
A statement asserting that the information provided in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or are authorized to act on their behalf.

Please direct copyright violation claims to the designated agent under the Digital Millennium Copyright Act ("DMCA") via email at or by mail to Topfluenz, 1621 Central Ave, Cheyenne, WY 82001, USA.

Please direct copyright violation claims to the designated agent under the Digital Millennium Copyright Act ("DMCA") via email at support@topfluenz.com or by mail to Topfluenz, 1621 Central Ave, Cheyenne, WY 82001, USA.

14. non-employment relationship

These Terms and Conditions for Content Creators do not create any partnership, mandate, franchise, advertising, promotion, or employment relationship between For_me and the Content Creator, who acts autonomously without any subjection to For_me. The Content Creator acknowledges and accepts that For_me is not part of the Campaigns and has no control over (a) the quality of the advertised products, the truthfulness or accuracy of the advertisements that the Company may eventually make (b) the ability to the Content Creators to contract or provide the services and other functionalities offered or in the future offered by the Platform.

In his merit, the Content Creator declares that he knows and accepts that he is not and will not have any employment relationship with For_me nor will he be able to claim from the latter the payment and/or compliance with all obligations derived from labor, pension, tax and fiscal legislation and others. applicable regulations that correspond to each of them. Consequently, the Content Creators undertake to hold For_me completely harmless from any claim arising from and/or linked to the aforementioned issues, without limitation of any kind.

15. Term and Termination:

Either party, you or Topfluenz, holds the right to terminate this Agreement at any time and for any reason. Additionally, this Agreement will immediately terminate, without prior notice, if you fail to adhere to the terms outlined in the Topfluenz Agreements. Topfluenz retains the discretion to terminate or suspend your Account and access to the Site and Services without prior notification.

You are accountable for fulfilling any obligations and covering any costs incurred before the termination of the Topfluenz Agreements, including the completion of any Accepted Requests and payment for any purchased Creator’s Content.

The provisions outlined in Sections - (Proprietary Rights), - (Account), - (User Representations), - (User Restrictions), - (Use of the Services), - (Feedback), - (Content and General Disclaimers), - (Indemnification), - (Waiver and Release), - (Limitation of Liabilities), - (Term and Termination), - (Miscellaneous), and any rights or obligations of the parties within the Topfluenz Agreements intended to survive termination or expiration, shall remain in effect following any termination of this Agreement.

16. Privacy Rights:

At Topfluenz, we prioritize the protection of your privacy, as well as that of our users, and the information we collect. By registering for our Services, you confirm and agree not to utilize the Services for tracking or collecting personally identifiable information of Users. For detailed information regarding Topfluenz's privacy policy, please visit and review our Privacy Policy at https://Topfluenz.com/privacy.

17. Export Controls:

You are required to adhere to all export laws, restrictions, and regulations set forth by the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control ("OFAC"), or any other relevant United States or foreign agency or authority. It is prohibited to export or facilitate the export or re-export of the Material in contravention of these restrictions, laws, or regulations. By downloading or using the Material, you agree to comply with the aforementioned requirements. Furthermore, you affirm and warrant that you are not situated in, under the control of, or a national or resident of any restricted country or on any such restricted list.

18. Miscellaneous:

This Agreement shall be governed by and construed by the laws of the State of Wyoming. You consent to the exclusive jurisdiction of the courts of competent jurisdiction sitting in Laramie County, Wyoming, United States, for any legal action or proceeding between Topfluenz and you concerning this Agreement or the parties’ obligations hereunder. Any cause of action or claim against Topfluenz must be initiated within one (1) year after the claim or cause of action arises. Topfluenz’s failure to enforce any provision of this Agreement shall not constitute a waiver of such provision. No waiver of any term of this Agreement shall be deemed a waiver of any other term, provision, or condition hereof, nor shall it be construed as a continuing waiver of any such term, provision, or condition. Any waiver must be executed in writing by the waiving party. This Agreement, along with the Creator Agreement, the Company Agreement, and the Privacy Policy, constitutes the entire agreement between the parties regarding the Service, superseding all prior or contemporaneous communications, representations, and understandings. In the event of any legal action to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees, accountants' fees, and other professional fees, in addition to any other relief granted. The provisions of this Agreement are severable, and the invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions. Except as expressly provided herein, this Agreement does not confer any rights or benefits upon any third party. Sections 7, 8, 9, and 10 are intended to benefit Topfluenz and its Affiliates. Topfluenz reserves the right to assign its rights and duties under this Agreement to any party without notice to you.

19. Notice:

We reserve the right to communicate with you regarding this Agreement through email or by posting a general notice on the Site. You can contact Topfluenz at any time by sending an email to support@topfluenz.com . To delete your account, you can utilize the "Delete Account" feature in your account settings or send an email to support@topfluenz.com .