Welcome to TREND by soona (“soona,” “we,” “our,” or “us”). soona owns and operates trend.io and all of its webpages and subpages (the “Site”), and may provide software that may be downloaded to your computer, smartphone or tablet to access services either directly from soona or via third parties (each, an “Application”). Through the Site and Application, we offer users a marketplace where brands can connect with a network of content creators to help brands license custom user-generated content (the Site, Applications, and other licensed services, collectively, are the “Services”).
If you are accessing the Site or using the Services on behalf of a third party customer (a “EnterpriseCustomer”) that has entered into a separate agreement with soona for the Services (“Services Agreement”), your use of the Site and Services is, at all times, subject to the terms and conditions of the Services Agreement. Nothing in these Terms modifies the Enterprise Customer’s or soona’s rights or obligations under the Services Agreement.
BY REGISTERING FOR THE SITE OR SERVICES, OR BY OTHERWISE ACCESSING THE SITE OR USING ANY OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
You represent and certify that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. To register an Account with soona, you must be 18 years or over.
Below are some definitions that will be helpful to know while you are reviewing these Terms.
“Community” means all Creators in the soona network who will receive notice of a Project.
“Content” means image, video, and audio files created by a Creator in response to a Project.
“Content Materials” means all images, video, and audio files, names, trademarks, logos, and all other information submitted through the Site for Creators to use in creating Content.
“Creator” means any person or entity who has signed up with soona to provide content creation services to the Site’s users.
“CustomerData” means all electronic data or information that Customer submits to the Service, including Content Materials.
“Feedback” means recommendations, suggestions, enhancement requests or other feedback or any ideas, technology, developments, derivative works or other intellectual property related to the Service or Site.
“Project” means your request for Content that you submit through the Site.
You may access and use certain features of the Services by creating a soona user account (your “Account”). You may log into your Account to use such Services using a unique username and password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You are solely responsible for any activities or actions taken under your username, whether or not you have authorized such activities or actions. You agree that the information that you provide to soona about yourself upon registration of your Account, and at all other times (the “Registration Information”) will be true, accurate, current and complete, and you further agree that you will maintain and promptly update the Registration Information to ensure that it remains true, accurate, current and complete. You may not impersonate any other person or use a username or password that you are not authorized to use. soona reserves the right to require you to change your password for any reason at any time. If you become aware of any unauthorized use of your Account, you agree to notify soona immediately at legal@Soona.co. soona is not liable for any loss or damage arising from your failure to comply with the above requirements. If you connect us with a third party services such as Facebook, Google, or LinkedIn, you give us permission to access and use your information from that third party service as permitted by that service, and to store your login credentials for that service.
Relationship with soona. Through the Site, soona will connect you with Creators who will create content for you based on your requests. You will create a Project that soona will push out to the Community and Creators will have the ability to view the Project and apply to complete the Content sought in your Project. You can accept or reject any Creator’s application. Once you accept a Creator’s application, that Creator will be responsible for providing the Content to you. Upon acceptance of a Creator’s application, Credits will be deducted from your Account, but more about that below. soona does not create the Content, nor does it employ the Creators who create the Content. You acknowledge and agree that soona does not supervise, direct, control or monitor Creators with regards to a Creator’s provision of Content to you.
ProvisionofService. Subject to these Terms and any Services Agreement or order form (if applicable), soona grants you a personal, limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to: (a) access and use the Services specifically made available to you as permitted by soona (the “Permitted Purpose”), and (b) download, install, and use the Application(s) made available by soona for public use on your own device solely for the Permitted Purpose. This license is exclusive to you and you may not sublicense or transfer the use of the Services.
App Store Terms. Applications may be obtained through a third-party distribution platform (e.g., the Apple App Store or Google Play App Store) (each an “App Store”) and such Applications are to be used solely on a mobile device or tablet owned or controlled by you that operates such third party’s operating system. You agree to comply with all applicable third-party terms of the App Store (the “Usage Rules”) when using such an Application. To the extent these Terms provide for usage rules that are less restrictive than or otherwise in conflict with the Usage Rules, the more restrictive term applies. You agree that these Terms are between you and soona, and not with the App Store. The App Store is not responsible for any Application, maintenance and support services or any warranty thereof, or addressing any claims related thereto. You agree to pay all fees charged by the App Store in connection with such Applications (if any). The Applications may also be subject to additional terms and conditions and privacy policies, and soona is not a party to nor responsible for those additional terms.
Provision of Customer Data. In connection with your access to and use of the Services, you may provide to soona and the Creators certain Customer Data. You retain all right, title, and interest in and to your Customer Data. By submitting Customer Data, you unconditionally grant to soona a non-exclusive, perpetual, irrevocable, worldwide, fully-paid, transferable right and license, with the right to sublicense through multiple levels of sublicensees, under all of your intellectual property rights in the Customer Data, to reproduce, modify, distribute, publicly perform, publicly display, digitally transmit, and otherwise use the Customer Data in connection with the performance of the Services.
Provision of Customer Materials. By submitting Content Materials via the Site for use by Creators, you unconditionally grant to the applicable Creator a non-exclusive, perpetual, irrevocable, worldwide, fully-paid, transferable right and license, with the right to sublicense through multiple levels of sublicensees, under all of your intellectual property rights in the Customer Data, to reproduce, modify, create derivative works from, distribute, publicly perform, publicly display, digitally transmit, and otherwise use the Content Materials in connection with the creation of Content.
Representations and Warranties. You represent and warrant that you have all rights and licenses necessary to provide the Content Materials and Customer Data to Creator and soona (as applicable) for Creator’s and soona’s use as set forth herein. You agree that you will not submit any Customer Data that:
is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; is bigoted, hateful, or racially or otherwise offensive; is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or otherwise harms or can reasonably be expected to harm any person or entity;
is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
infringes or violates any right of a third party including any copyright, patent, trademark, trade secret or other proprietary or contractual rights, right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity, or any confidentiality obligation;
contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Site; or
is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing,” as those terms are commonly understood and used on the Internet.
WEBSITE AND SERVICES OWNERSHIP
You acknowledge that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets in the Site are owned by soona and our affiliates, licensors, and vendors. Your access to or use of the Services does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. soona and our affiliates and licensors and vendors reserve all rights not granted in these Terms. You may not modify the Site, create derivative works of the Site, or reverse engineer, reverse compile, reverse assemble or do any other operation with the Website that would reveal any source code, trade secrets, know-how or other proprietary information. Nothing in these Terms shall be construed or interpreted as granting or providing rights to you to use, reproduce, modify, distribute, perform, display, possess or control the source code or any other aspect of the Website. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded, embodied, or displayed in connection the Site.
You further acknowledge and agree that soona has soona has expended significant effort in building its Community and that your circumvention of the Site and Services by directly contacting any Creators with whom you work as part of the Services would cause soona significant harm. Therefore, during the term of these Terms and for a period of one year thereafter (the “Restricted Period”), you agree that you will not contact any Creator that is part of the Community to provide any Content to you outside of the Site. You agree that you will owe to soona a fee of $1,000 for each instance where you engage a Creator outside of the Site during the Restricted Period.
Content Ownership. Upon delivery by the Creator, Customer owns all right, title and interest in and to the Content. Customer grants to soona and the applicable Creator a perpetual, worldwide, royalty free right and license to use, reproduce, display, electronically transmit, distribute, and publish the Content for purposes of providing the Services to Customer and for soona’s and Creator’s marketing purposes. Customer agrees that Creator’s may use the Content as part of their portfolios. Soona agrees to remove your Content from its Site and its other marketing materials upon your written request to hey@Soona.co.
Feedback. If Customer provides Feedback to soona, Customer grants to soona a worldwide, perpetual, irrevocable, sub-licensable, royalty-free, transferable license to use and exploit the Feedback in the Service and any intellectual property soona develops without any obligation of payment to Customer.
ReservationofRights. soona and its licensors reserve all right, title and interest in and to the Service, including all related intellectual property rights, subject to the limited rights expressly granted in this Agreement. No other rights are granted to Customer by this Agreement.
Fees. Pricing for the Services is described on the Site and is subject to change without notice to you. To use the Services, Customer shall purchase credits (each, a “Credit”), which can be redeemed for one Content-per-Credit. All amounts owed by you will be provided via an order summary, which may be presented via email or may be available in your Account. Unless otherwise agreed to in writing by soona, fees are immediately due and payable, and all fees must be paid in full prior to being able to post a Project. soona’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only U.S. (federal or state) taxes based solely on soona’s income.
Credit Expiration. Credits are usable for a limited time and expire if they are not used within six months from the date of purchase. Once a Credit expires, you cannot get it back and you will not be entitled to a refund for the un-redeemed Credit.
Billing Information. You will provide soona with accurate and complete billing information including legal name, address, telephone number, and credit card or debit card billing information. All fees will be billed to such credit card or debit card. If such information is false or fraudulent, soona reserves the right to terminate your use of, or access to, the Services in addition to seeking any other legal remedies. Soona is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Soona. Each charge will be considered valid unless disputed by you in writing within thirty (30) days after the billing date. No adjustments will be made for disputed charges made more than thirty (30) days after the billing date. If soona does not have a valid payment method on file for you, soona will notify you.
Refund Policy. If for any reason Customer would like to refund their Credits, Customer may do so prior to accepting any Creator applications. Refund requests must be made prior to the first Creator application being accepted. What this means is that if you purchase 10 Credits at once, you can only obtain a refund before you accept a Creator application for the first Credit. If you’ve used any Credits in a bulk purchase, you will not receive a refund for the other Credits. For assistance with refunds, please contact soona at hey@Soona.co.
TERM AND SUSPENSION
These Terms shall apply for so long as you use the Services. You are free to stop using the Services or to close your Account at any time. soona reserves the right to suspend or terminate your Account and your access to and/or use of the Services, at any time, without notice. soona reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that soona shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. soona may, but is not required to, maintain the Content delivered by any Creator to you.
soona does not make any representations that the functions performed by the Service (including the Content) will meet all of Customer’s requirements, that the operation of the Site will be uninterrupted or error free, that all defects in the Site will be corrected, or that the Service will be available in all languages or all countries. THE SERVICES ARE PROVIDED “AS IS.” EXCEPT AS EXPRESSLY PROVIDED HEREIN, soona MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SPECIFICALLY, THIRD PARTY CONTENT IS PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY.
LIMITATION OF LIABILITY
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL soona BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF soona HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SERVICES, FROM ANY CHANGES TO THE SERVICES OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CUSTOMER MATERIALS. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF ANY CUSTOMER MATERIALS.
IF YOU ARE DISSATISFIED WITH THE SERVICES OR WITH ANY OF THESE TERMS, OR FEEL soona HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. THE TOTAL LIABILITY OF soona TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR USE OF SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES DURING THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. IT IS THE INTENTION OF YOU AND soona THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS AND IN PARTICULAR WITHIN THIS “LIMITATION OF LIABILITY” CLAUSE SHALL ATTEMPT TO EXCLUDE LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other users of the Service, or any Third Party Site. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
We control and operate the Services from our offices in Colorado. We do not represent that the Services are appropriate or available for use in other locations outside of the United States. Persons who choose to access the Services from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission or transfer of any data or technical information in connection with your access to or use of the Services.
Claims of Copyright Infringement. soona has adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to the service provider’s designated agent. Notification must be submitted to the following:
Service Provider: soona Co.
Full Address: 1235 S. Broadway, Denver, CO 80210
Notice of Infringement. To be effective, the notification must be a written communication that includes the following:
A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Takedown Notices. We may give you notice that we have removed or disabled access to certain material by means of a general notice on our Site, email to the email address associated with your Account, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a U.S. federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which soona may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Modification. soona may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the Site or Services after the “Last Revised” date at the top of these Terms. Your continued access to or use of the Site or Services after the modifications have become effective will be deemed your conclusive acceptance of the modified Terms. If you do not agree with the modifications, do not access or use the Site or Services.
Applicable Law and Dispute Resolution. Please read this section carefully, as it affects your rights. These Terms shall be governed by the laws of the State of Colorado without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. If you believe that soona has not adhered to these Terms, please contact us by e-mail at firstname.lastname@example.org. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and soona are unable to reach a resolution to the dispute, you and soona will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org) at its Denver, Colorado office. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. YOU AND soona AGREE THAT ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN soona AND YOU INDIVIDUALLY. YOU ACKNOWLEDGE AND AGREE THAT YOU AND soona ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Further, unless both you and soona otherwise agree in writing, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or these Terms must be brought, if at all, within one year from the accrual of the claim or cause of action or be forever barred.Notwithstanding the foregoing, soona may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction. If you are subject to any state or federal law requiring that the laws of a different jurisdiction apply or that prohibit dispute resolution in the manner required in this Paragraph, then this Paragraph shall be deemed revised to conform with such laws.
Dispute with Creators. If you have a dispute with a Creator, we encourage you to contact the other party to try to resolve the dispute amicably. We will try to help where we can, but you acknowledge that soona has no obligation to resolve, or to assist in resolving, any disputes. As well, you release soona from any claims, demands, and damages arising out of disputes with Creators or any third parties.
Independent Contractors. No joint venture, partnership, employment, or agency relationship exists between you and soona as a result of these Terms or use of the Services.
Waiver. The failure of soona to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by soona in writing.
Construction. The headings of Paragraphs of these Terms are for convenience and are not to be used in interpretation.
Contact. soona is located in Denver, Colorado. Any questions, comments or suggestions, including any report of violation of these Terms should be provided soona as follows:
By E-mail: email@example.com
By Postal Mail: 1235 S. Broadway
Denver, CO 80210
Entire Agreement. These Terms constitute the entire agreement between you and soona with respect to the Services, superseding any prior agreements between you and soona. The failure of soona to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you and soona nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.
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Using Trend’s campaign builder I was able to generate the exact content I was looking in multiple homes for a fraction of the cost.
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