Failure to comply with these Additional Terms will result in Your content review and/or Your Creator Account being removed, taken down and/or deactivated without prior notice, at Capssion’s sole discretion. In addition, You may be personally liable to specific applicable criminal sanctions (fines and imprisonment), in addition to being ordered to pay damages, where applicable. You undertake to indemnify Capssion from and against a breach by You of the Additional Terms and/or from any third party claim (including from one of Capssion’s partner) arising from Your breach of the Additional Terms including any lawyer's expenses.
To register onto the Platform, You warrant to Capssion that:
1.1 You are at least 13 years old. If You have not reached the age of legal majority in Your state or jurisdiction of residence, You must have obtained parental or guardian consent to create a creator account (the "Creator Account") on the Platform ;
1.2 You have an instagram account which focuses on lifestyle, beauty, fashion, travel or fitness, is active and public upon Your subscription to the Platform and which should remain as such during the time of Your subscription to the Platform. An active account cumulatively means an account which has at least five thousand followers upon Your subscription to the Platform, and where You publish at least five pictures per week during Your subscription to the Platform.
1.3 Capssion reserves the right at any time during Your subscription, and You allow Capssion to do so, to verify that Your instagram account complies with the above-mentioned conditions. In the event where Your instagram does not or do not longer comply with these conditions, Capssion reserves the right to deactivate and/or to terminate Your Creator Account, followed with a notification email.
1.4 You will not and/or You will not have a third party falsely increase automatically and/or manually views, impressions and/or clicks associated with Your Reviews published on Your instagram and/or youtube account, nor authorize or encourage any third party offering any financial incentive to do the same.
2.1 Upon Your subscription to the Additional Terms, You will have access to Your Creator Account enabling You to review products from brands partnering with Capssion. Your Creator Account shall contain all URL links to Reviews that You will have made with regards to such products, and will host such Reviews within Your Creator Account.
2.2 You must indicate Your name, age, email address, country, language and product category and You warrant that the information indicated in Your Capssion account are accurate and up to date.
2.3 You acknowledge and agree that You are solely responsible for Your username and password associated with Your Creator Account. Any suspicion of disclosure, whether intentional or not of such username and/or password will be under your sole liability. In no event shall Capssion be liable for any illicit or fraudulent use of Your username and password nor of any tool which is at Your disposal within Your Creator Account.
2.4 You may request from Capssion at any time to terminate Your Creator Account subject to the sending of a prior written notification of at least fifteen days' sent to Capssion (email being sufficient) at the following email address: email@example.com.
2.5 In the event of a breach by You of one of Your obligations as provided hereunder, Capssion may suspend, deactivate and/or terminate Your Creator Account, at its sole discretion, subject to the sending of a notification email.
3.1 You may choose to evaluate products from brands available within the Platform. Upon agreement with the relevant brand for such review, You agree that:
Product(s) sent by brands are for your personal use only. You cannot sell it/them in any way, nor give or offer them to any third party before having tested them and published a review on Your youtube account and/or instagram account (the "Review");
You must share a link to Your Review in Your Capssion Creator account within one hour following the posting of the Review on Your instagram account;
Your review shall be available in "public mode" for at least thirty days following its publication on your instagram account.
3.2 By publishing Your Review within the Platform, You expressly agree that all users of the Platform will be allowed to freely view Your Review within or via the Platform as long as it is hosted within Your Creator Account.
3.3 You expressly grant to Capssion the non exclusive worldwide right, for the duration of Your subscription to the Platform, to use Your Review, name, brand and logo for promotional purposes on the Platform, in press releases, online newsletters and marketing presentations, and on Capssion’s dedicated social networks (such as twitter, youtube, instagram and facebook).
3.4 In compliance with applicable laws, You must include in each Review a clear and conspicuous disclosure that You have received the reviewed product(s) for free by the brand(s) via Capssion. You must do this by including on Instagram:
If Your review is a picture: a clear and conspicuous super that is displayed within the first three lines of Your post caption, above the “more” button.
If Your review is a story: a clear and conspicuous hashtag displayed in each story.
Sample disclosures can be found within our FAQ section.
3.5 Anything that You say about a product must reflect Your own honest opinions and experience, based on Your actual use of the product. You will let us know if the views You express change, and will takedown Your Review from Your Creator account and instagram account immediately in such event. You shall not make scientific or other performance claims about a product (for example, "it erases wrinkles!" or "it hydrates all day!"). You must focus on what You like or do not like about the product, such as how it made You feel or look personally. Your Review of the shall be an original and personal creation.
3.6 Pursuant to applicable laws and available technologies, Capssion may review Your Reviews once uploaded within the Platform to verify their compliance with the Additional Terms. In the event where Your Reviews fail to comply with the Additional Terms, Your Review may not be displayed on the Platform. Furthermore, Capssion may notify You of such failure, and request You to remedy it. Capssion reserves the right to deactivate and/or terminate Your account in such event.
You acknowledge and agree that:
5.1 Your Review will not mention or show any brand name or logo, including on clothing, other than the brand(s) of the product(s) reviewed;
5.2 Your review will not include or show any children who are not Your own or any adults who do not know and agree for the video to be published by You;
5.3 You and/or Your review will not violate any terms and conditions provided by the platforms on which your video and/or photo is hosted on nor any applicable laws and/or regulations especially any regulations provided for by the FTC nor violate any third party rights (including any rights pertaining to Capssion’s partners) or public policy. Consequently, You warrant to Capssion that Your Review, and more generally the content that You are sharing on Your instagram account, together with all comments and/or customization made within Your Creator Account are licit, and in particular do not contain any content which could violate any third party rights, constitute an injury to any person (including defamation, slander, abuse, etc.), encourage violence or hatred against any individual or group, contain sexually explicit or highly suggestive content, encourage drug use or constitute a threat to public order or standards of decency or, more generally, violate any applicable laws.
You agree that in no event shall Capssion be liable for:
6.1 any direct or indirect damage arising from the interruption, or malfunction, whatsoever, related to the suspension or the termination of the Platform, for any reason whatsoever, or for any indirect or direct damage resulting from, in any manner whatsoever, logging into the Platform. It is the Creators’ responsibility to take any appropriate measure to ensure the protection of its personal data and/or stored software to its IT equipment from any damage whatsoever. The logging of any Creator to the Platform is made under its sole responsibility.
6.2 any direct and/or indirect damage incurred by You with regards to Your use of products You have received via the Platform and/or Your Reviews.
6.3 for any third party claims arising from the use, the sampling and/or Review made by You of brands' products.
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!