Terms of use

Rules & Agreements

Woomain terms of service for Advertisers as of July 2017

READ ALL OF THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICE

BY CLICKING THE "Register now" BUTTON, OR COMPLETING THE REGISTRATION PROCESS, OR USING THE SERVICE, YOU THE ADVERTISER AGREE TO BE BOUND BY THIS AGREEMENT INCLUDING THE WOOMAIN CONDITIONS OF SERVICE. THE ADVERTISER REPRESENTS AND WARRANTS THAT THE PERSON WHO CLICKS THE Register Now BUTTON, OR COMPLETES THE REGISTRATION PROCESS OR WHO USES THE SERVICE HAS THE AUTHORITY OF THE ADVERTISER TO BIND THE ADVERTISER TO THE PROVISIONS OF THIS AGREEMENT (AS DEFINED).

For the purposes hereof, the following words, terms and expressions shall have the meaning defined below, except for where the context explicitly indicates otherwise:

  1. "The Agreement" means these terms of service as may be amended from time to time by Woomain and any Campaign Rules and schedules thereto concluded between Woomain and the Advertiser from time to time under these terms of service and the Woomain Terms and Conditions as amended from time to time.
  2. "The APP" means that version of the web application called Woomain developed by Woomain as further described below and which the Advertiser has downloaded and which the Advertiser can apply to register with Woomain and contract with Woomain in the terms of the within Agreement.
  3. The "Service" - means the Woomain service available through the Site or the APP which makes it possible for the Advertiser to commission Campaigns performance by Publishers who contract with Woomain as agent for Advertiser and which Publishers use the Service to publish posts on the Publisher’s Instagram account and containing text, pictures or video/audio clips, that comply with the Campaign Rules. Each Publisher subject to the Woomain Terms and Conditions shall receive remuneration for performing activities in the course of an Advertiser’s Campaign using the Publisher’s Instagram account.
  4. The "Campaign" or the "Advertising Campaign" – means the online promotional and marketing activities produced or invented by Advertiser and which if accepted by Woomain as being compatible with the Service is performed by a Publisher.
  5. The "Campaign Rules" - mean the rules and guidelines, developed by the Advertiser in relation to the Advertising Campaign and which the Publisher is bound to comply with and which are accessible on the Service.
  6. The "Advertiser" or "you" – means a third party, who is registered at Woomain in order to receive the benefit of the Service (Commission campaigns via the Service).
  7. A "Party" – means respectively Woomain or the Advertiser and the term "Parties" shall refer to Woomain and the Advertiser.
  8. "Woomain" – means Woomain registered in Germany.
  9. "Woomain Terms and Conditions", means those conditions of service set out in Schedule 2 to this Agreement, under which Woomain accepts Publishers as agent of the Advertiser to undertake activities via their Instagram, accounts relating to a Campaign and which Woomain Terms and Conditions are approved by the Advertiser.
  10. The "Publisher" - means a user, who has successfully registered with the Service through the APP and being an Instagram user capable of undertaking activities to fulfill Campaign Rules, which utilizes the Woomain Service
  11. The "Site" means www.woomain.com being the website owned and operated by Woomain and the underlying systems necessary for Woomain to provide the Service through the Site.
  1. Introduction

    1. The Service is provided by Woomain and may be accessed by the Advertiser via the Site operated by Woomain
    2. The Service is an online electronic service provided by Woomain and available through the Site , which means that Woomain is a provider of electronically supplied services.
    3. In order to access the Site operated by Woomain, the Advertiser must:
      • Use a computer or mobile device with an Internet browser supporting JavaScript technology,
      • Have a high speed Internet access,
      • Have a correctly configured and valid email.
    4. The Advertiser may access the Service via the Site.
    5. In order to prevent unauthorized access, modification, duplication or removal of personal data submitted electronically by the Advertiser on the Site, the following technical measures shall be applied:
      • data transmission protection using SSL protocol signed with a key from the time the Advertiser’s registration with the Site is accepted or login is accepted after first registration is accepted;
      • protection of the Woomain database from unauthorized access, modification, duplication and removal
    6. By registering to the Service, the Advertiser undertakes to comply and be bound by the provisions contained herein.
  2. Registration

    1. In order to access the Service the Advertiser must register an Woomain account on the Site. The Advertiser undertakes to Woomain to provide and keep up to date, current, and complete information (e.g. Company name and address, tax identification number).
    2. By clicking on the Register on the Site , the Advertiser unconditionally accepts all the terms and conditions of the Agreement, including the Woomain Terms and Conditions.
    3. Woomain sends the registration confirmation via e-mail.
    4. Advertiser is responsible for keeping the account password confidential. Advertiser hereby takes responsibility for all actions taken and instructions provided to Woomain via his account, by Advertiser or any third parties, whether or not legally authorized to do so. Advertiser will notify Woomain immediately of any unauthorized or non-compliant access or use of his account and will cooperate with Woomain in stopping it.
    5. Woomain reserves the right to refuse Agreement Conclusion or terminate concluded Agreement on its sole discretion.
  3. Relationship

    1. During the Term Woomain grants the Advertiser a limited, non-exclusive, non-transferable, royalty free and revocable right to use Woomain’s Service.
    2. By concluding this Agreement Advertiser grants Woomain a non-exclusive, non-transferable and royalty-free right to display, perform, and use Advertiser's name, Campaign results data on Woomain’s website and in case studies or for marketing purposes.
  4. Warranty Disclaimer

    THE SERVICE, Woomain CONTENT AND RELATED INFORMATION ARE PROVIDED "AS IS," WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Woomain EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Woomain MAKES NO WARRANTY THAT THE SERVICE, SERVICE, THE Woomain SITE, OR THE Woomain CONTENT WILL (1) MEET YOUR REQUIREMENTS, (2) BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, OR (3) NOT CAUSE ANY LATENCY OR PROCESSING DELAYS. Woomain MAKES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, THE SERVICE, THE Woomain SITE, OR THE Woomain CONTENT. NO INFORMATION, WHETHER ORAL OR WRITTEN, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED A BASIS FOR ENABLING Woomain TO OFFER THE SERVICE AND THE SERVICE TO ADVERTISER. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES SO THIS DISCLAIMER MAY NOT APPLY TO ADVERTISER IN FULL.