By accessing or using this Website or the Application you agree that the Terms then in force shall apply.
The Website and the Application are an interface of presentation and access to a platform (the "Platform") developed and operated by Capssion to enable Creators registered with Capssion to connect with partners (the "Partners"), which own or commercialize products and/or services, in order to receive a sample of the Partners’ products and to post a review of such sampling on their social media account.
Capssion reserves the right, at our sole discretion, to change or modify portions of these Terms at any time by amending this page. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Any such changes will become effective immediately. Your continued use of the Website and/or the Applications after the date any such changes become effective constitutes your acceptance of the new Terms. Please check this page regularly to take notice of any changes we made, as they are binding on you. You may cease using the Platform at any time if you do not agree to any modification.
Each Account and the user identification and password for each Account (the “Account ID”) is personal in nature. Each Account is for your personal use and each Account ID may be used only by you alone. You may not distribute or transfer your Account or Account ID or provide a third party with the right to access your Account or Account ID. You are solely responsible for all use of the Platform through your Account. You will ensure the security and confidentiality of your Account ID and will notify Capssion immediately at email@example.com if any Account ID is lost, stolen or otherwise compromised. You are fully responsible for all liabilities and damages incurred through the use of your Account or under any Account ID (whether lawful or unlawful) and that any transactions completed through any Account or under any Account ID will be deemed to have been lawfully completed by you. Capssion will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
To register a Partner Account, You must subscribe to the Platform via the Website by executing an agreement with Capssion enabling them to notably analyze the data related to the Creators’ activities on social media, and to measure the social influence of the Creators. You guarantee that you are the authorised representative of your legal entity, with the right to represent its interests.
To register a Creator Account, You must accept the specific terms and conditions related to Your use of the Platform as a Creator (available at the following URL address: www.capssion.com/terms-for-creators ) and subscribe to the Platform.
Capssion uses Instagram’s API to authenticate and link Your Instagram channel to Your Creator account on the Platform. By using the Platform, You agree to be bound by the Instagram Terms of Service (https://help.instagram.com/478745558852511)
Creators must not misrepresent the size of their audience or their numbers of followers or engagement. Followers must be obtained organically and not through unethical or unsportsmanlike behavior such as (but not limited to), purchasing followers, likes or engagement.
Capssion retains the right and absolute discretion to terminate your Account and/or access to the Platform (or any element thereof) if it believes that you are abusing or tampering with the Platform (or any element thereof) in any way, that you have breached these Terms, or that you have engaged in any unlawful, unethical, unsportsmanlike or other misconduct calculated to jeopardise the proper administration of the Platform (or any element thereof). Capssion’s legal rights to recover damages or other compensation from such an offender are reserved.
As a User, a Creator and/or a Partner, You acknowledge and agree that the Website, the Application, and the Platform may contain elements, materials and content (the "Content") copyrighted and/or protected by patent and/or intellectual property laws.
You are not authorized, without Capssion’s prior consent, to modify, copy, rent, share, sell, distribute or create any derivative work from the Content of the Site and/or of the Platform, in whole or in part, nor to proceed to nor use the data extraction systems and/or data collection systems.
The name and logos of Capssion are registered trademark owned by Capssion (collectively « Capssion’s Trademarks"). Nothing in these Terms will be taken to constitute, explicitly or not, a transfer, assignment or grant of any ownership rights or licence in any Intellectual Property Rights in the Capssion materials, without Capssion’s written authorization in such case
Partners and/or Creators may upload trademarks, materials, photographic and/or video content (together the "Third Party Content") via their Capssion account under their sole liability.
In no event shall Capssion be liable, in any manner whatsoever, of Third Party Content uploaded on the Website and/or the Platform, including, without limitation, in the event of a claim arising from a Third Party Content, an error and/or omission related to a Third Party Content, or for any loss or damage resulting from and/or arising from the use of a Third Party Content.
Capssion reserves the right to remove any Content which violates the Terms and/or any applicable law, including any intellectual property law, after having obtained acknowledgement of such violation. To that respect, Capssion invites all Users to contact Capssion in the event where such User would have knowledge that a Content hosted on the Platform violates one of his or her rights and/or applicable laws by sending an email to the following e-mail address (firstname.lastname@example.org) and by following any legal requirement as per applicable rules to takedown requests for illicit content. Upon receipt of a valid takedown request as per applicable laws, Capssion will promptly remove any Content concerned by such request.
You must evaluate and bear risks related to the use of a Third Party Content notably with regards to the accuracy, completeness and usefulness of such Third Party Content.
You acknowledge and agree that:
nothing in these Terms grants to the Partners any ownership rights in the Intellectual Property Rights in the Creation or the Creator’s Identity;
nothing in these Terms grants to the Creator any ownership rights in the Intellectual Property Rights of the Partners; and
nothing in these Terms requires the Partners to make use of any of the rights granted to the Partners by the Creator under this Agreement.
You acknowledge and agree that any question, comment, suggestion, enhancement, idea, and other information regarding the Services (the « Propositions") that you may supply to Capssion are not confidential information and that Capssion is entitled to use and disclose, without any restriction, the Propositions for any purpose, whether commercial or not, without any recognition nor consideration.
Capssion makes no warranty with regards to the Site and/or Platform’s availability. The website www.capssion.com is available 24 hours a day and 7 days a week, except in case of force majeure or an event beyond the control of Capssion. However, Capssion reserves the right to modify, suspend and/or delete any and all element of the Site and/or the Plaform, and any information that it may content at any time without any notification. Therefore, in no event shall Capssion be liable for any actual or alleged damage incurred directly or indirectly, by any User, Creator and/or Partner, in relation with the connection, consultation and/or use of information supplied by the Site and/or the Platform.
If Your use of the Website is blocked by Capssion (notably by blocking Your IP address), You agree not to implement any measure aiming to circumvent such blocage (notably my hiding Your IP address or by using the IP address of a third party).
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Website in any website that is not owned by you. Our Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our site other than that set out above, please contact us at email@example.com.
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform. You must not attack our Platform via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform will cease immediately.
We do not guarantee that our Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Platform. You should use your own virus protection software.
The cookies we use (or may use at some stage) are:
Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
Analytical & performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it.This helps us to improve the way our Platform works, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
The Platform and these Terms are governed by the laws of laws of Hong Kong SAR, wherever You are accessing and/or using the Platform from.
If you have a complaint about Capssion, we recommend that you contact us at firstname.lastname@example.org before taking further action in the hope that we can resolve the dispute fairly and amicably. If we are unable to reach a resolution, you agree to submit to the exclusive jurisdiction of the courts of Hong Kong who will have exclusive jurisdiction to settle any dispute or claim arising under these Terms.
Please contact us by email email@example.com to inform us of any breach of these Terms and/or to ask us any information regarding the Terms.
Thank you for visiting our platform!