Terms & Conditions

 

I INTRODUCTION

Any person (“YOU/YOUR/YOURSELF”) accessing and/or using the Platform [the website [http://www.turbine.media/] or related mobile application [https://itunes.apple.com/ae/app/turbine-media/id1273511940?mt=8] (the “Application”)] consents to and accepts these Terms of Use and the Privacy Policy [http://www.turbine.media/cmsPages/privacyPolicy], as amended from time to time by Turbine Digital FZ-LLC (later “Turbine”). YOU further acknowledge and agree that any applicable amendments to these Terms of Use will take immediate effect. Each time YOU access and/or use the Platform, YOU will check these Terms of Use for any amendments effected by Turbine. YOUR use of the Platform will constitute YOUR acceptance of these Terms of Use at the time access or use.

Turbine reserves the right to change and/or alter all or certain functions in and to the Platform in any way it deems appropriate, and may subject to its sole discretion choose to notify YOU through the email address you have registered with Turbine upon signing up to the Platform. Turbine may also choose to cancel any Account (whether a Brand Owner’s Account or an Influencer’s Account) that YOU might have setup through the Platform (later “Account”) without any notice and always subject to Turbine’s absolute discretion.

Turbine makes no representations that the Platform or any element thereof is appropriate or available for use in all locations, or for YOUR specific business needs or requirements. YOU are responsible for ensuring that YOUR computer or mobile device is compatible with the Platform and meets all required technical specifications.

If YOU do not agree to these Terms of Use, you must immediately exit the Platform and, if you are using the Application, delete the Application from YOUR device.


II.  HOW IS THE PLATFORM DESIGNED TO BE USED

The Platform is designed to allow brand owning businesses (the “Brand Owners”) to create social media based advertisements and advertising campaigns through building [http://www.turbine.media/campaigns/create] and through direct interaction between Brand Owners and influencers subscribing to the Platform (the “Influencers”). Influencers are categorized (based on the strength of their profiles over mainstream social media networks) by degree of influence a per the criteria determined by Turbine from time to time. Influencers can through the Platform respond and interact with the Brand Owners subject to terms hereinafter presented.

YOU are hereby made aware that Turbine will not moderate, manage, or clear rights in or to the content provided by the Influencers or by the Brand Owners (as the case may be). Turbine accepts no liability for the legality, validity, accuracy or suitability of any content provided by Influencers or Brand Owners. YOU agree that Turbine is not responsible for, and does not endorse, any content posted using the Platform (the “Content”). If YOU post, copy, distribute, edit, modify, or use in any manner any Content without adequate license granted to YOU by the right holders, YOU shall bear full legal responsibility for such action. If YOU have a question or concern about a content posted on the Platform, YOU shall directly communicate with the right holders. YOU agree and acknowledge Turbine is under no obligation to facilitate such communication with the right holders, however Turbine may subject to its absolute discretion, communicate such a request to the right holders (if known to Turbine) with no warranties that YOUR request will be delivered, communicated, or attended to by the right holders.

YOU are solely responsible for YOUR interaction with other users of the Platform. YOU agree that Turbine is not responsible for the conduct of any user including YOURs. YOU hereby exempt Turbine from any such responsibility to the maximum extent permitted by law.

Nothing in these Terms of Use is intended to nor does it create a partnership, agency, employment or any type of fiduciary relationship between YOU and Turbine or between Turbine and any other user. YOU shall be solely held Accountable for any such misrepresentation.

Subject to YOUR full compliance with these Terms of Use, Turbine may subject to its absolute discretion, grant YOU a limited, non-exclusive, revocable and non-transferrable license to access and to use the Platform in the manner and subject to the limitations presented herein these Terms of Use.

The Platform may contain links to other websites and/or to social media links (“Linked Websites”). You hereby accept and acknowledge that Turbine is not responsible for the content of any Linked Websites, and does not in any way endorse any Linked Websites. If any of the Linked Websites collects YOUR personal information or contributions, you hereby irrevocably relieve Turbine from any responsibility or liability for the way in which such information or postings might be utilized or exploited by the Linked Websites. Accessing any of the Linked Websites shall at all times be at YOUR own risk. YOU understand that YOUR use of any social media platforms is subject to the respective social media platform terms of use, and you undertake to adhere at all times to any applicable social media platform terms of use. YOU hereby irrevocably exempt Turbine from any responsibility in connection to YOUR violation of such terms of use. YOU further undertake to indemnify Turbine and to keep Turbine and its director, employees, agents and representatives at all times indemnified against any losses, damages or liability in connection to the above.

 

III.  GENERAL CONDITIONS FOR ACCESSING AND USING THE PLATFORM

Turbine shall always have the discretionary power to refuse and/or cancel any registration or signup request of any Account created by YOU (whether You are an Influencers, Brand Owners or other).

All information provided by YOU must be correct, complete and up-to-date. Each time a YOU wish to use the Platform, YOU shall do so in a manner consistent with these Terms of Use. YOU shall not under any circumstances attempt to gain access to any other users’ Accounts.

YOU agree to maintain confidential YOUR Account details and any activity related to it. YOU further undertake to promptly notify Turbine of any unauthorized use of their Account or any other breach of security that may come to YOUR attention. It is the YOUR sole responsibility to control access to and use of their Account and to notify Turbine when they desire to cancel YOUR Account. YOU hereby agree and acknowledge that Turbine will not be responsible or liable for any loss data, infringement of YOUR intellectual property rights (including but not limited to) any copyright, or personal information or to any damages arising from or in connection to YOUR failure to comply with these Terms of Use.

 

IV.  Turbine shall at any time and subject to its absolute discretion have the right to cancel YOUR Account and to immediately block/terminate YOUR access to the Platform, if Turbine subject to its sole discretion has reasons to believe that YOUR Account is being created and/or used, whether by a YOU or by any third party (including use made by any automated software and/or other mechanical and/or electronic means), for the purpose of tampering the Platform (or any element thereof) in any way, or in connection to any unlawful, unethical, unsportsmanlike or other misconduct.

 

V. INFLUENCERS-SPECIFIC CONDITIONS

A. Influencer Eligibility To Create An Account Using The Platform

To be eligible to create an Influencer’s Account on the Platform (the “Influencer’s Account”) [ONLY ONE PER INFLUENCER], YOU must throughout the time during which YOU hold and maintain an active Influencer’s Account (the “Term of Engagement”) enjoy and maintain the hereunder presented criteria combined:

1. YOU must subject to YOUR domicile law be a consenting adult with unrestricted ability to form and bear obligations and liability. In the event that YOU do not enjoy the above criteria the written consent of YOUR parent or legal guardian, will be required to create an Influencer’s Account;

 2. YOU must have and throughout the Term of Engagement maintain a number followers on any of the approved social media websites (later “ASMP”). `such number to be set by Turbine and subject to its discretion. Depending on YOUR number of followers Turbine may categorize your influence level on the Platform;

 3. YOU must not do or attempt to endorse, encourage, or associate YOURSELF with any illegal activities, unethical behavior, or have at any point in the past have endorsed, encouraged, or associated YOURSELF with any illegal or unethical material, matters and/or activities.

4. YOU must connect and maintain connection to the Platform through YOUR Accounts on the “ASMP” s.

B. Approving a Post

Once an Influencer receives through the Platform a notification of a new business brief whether related to a single advertisement of a campaign from a Brand Owner (the “Brief”), the Influencer shall check the Brief, create a “Post(s) and send it to the Brand Owner who initiated the Brief for approval. Once the Post(s) made by the Influencer is/are approved by the Brand Owner initiating the Brief [the “Approved Post(s)”], the Influencer shall publish the Approved Post(s) at her/his Accounts over the ASMPs. The Influencer shall not alter or modify an Approved Post(s) unless otherwise advised by Turbine.

All Post(s) must:

  1. Be in compliance with these Terms of Use
  2. Adhere to all and any conditions/requirements requested and/or imposed by Brand Owners as part of the Brief and/or advised to Influencer at the time of approving the Post.
  3. Always present an advertiser-Influencer relation, and must not misrepresent any false connection to the advertised brand or to Brand Owners.

Post(s) which do not comply with the above conditions may be not approved or later removed from the Platform at Turbine’s absolute discretion.

C. Influencers’ Compensations

Conditioned by the Influencer’s complete and continuous adherence with these Terms of Use and with the Applicable Laws, each Influencer will be required to provide Turbine with an active bank account or PayPal account details. After an Approved Post(s) is published, the Influencer will be entitled to be paid the applicable post fee (the “APF”), following her/his performance of all of her/his obligations towards the Brand Owner initiating the Brief, and always subject to the Financial Terms of these Terms of Use. No payments other than the APF are payable in respect of each Approved Post. The Influencer shall always be responsible for the accuracy of its nominated bank account or PayPal account details.

Turbine will, unless the Influencer has otherwise breached these Terms of Use, make payment of the APF to the Influencer 30 calendar days following the collection by Turbine of APF from the Brand Owner.

Influencers agree and acknowledge that:

The Brand Owner sending the Brief to which the Influencer has responded with a Post or their representatives (as the case may be), AND NOT TURBINE, will be solely liable for payment of the APF for the relevant Approved Post. For the avoidance of doubt, Turbine shall only use its reasonable endeavors to facilitate such payment on behalf of the Brand Owner and, while Turbine may remit payment to the Influencer directly to the bank or PayPal account details provided by Influencer, Turbine will under no circumstances be liable for the payment of any APF. Influencers using the Platform to publish Post(s) agree that they will not at any time pursue any actions, legal or otherwise, against Turbine for any non-payment by Brand Owners, and that their only remedy will be in taking action against the Brand Owner defaulting on the payment(s) of any APF.

 

VI.  BRAND OWNERS-SPECIFIC CONDITIONS

A.  Creating an account and communicating a Brief

Brand Owners may create a Brand Owner’s account (the “Brand Owner Account”) by filing in the Brand Owner consent form [the “BOC FORM” (http://www.turbine.media/advertisers/register)], where Brand Owners or Brand Owner’s representatives (as the case may be) are required to provide details of their full name, email address, telephone number, capacity, and the name and address details of the entity they are representing (whenever applicable), in addition to any other details and supporting documents requested by Turbine from time to time. Brand Owners will not be charged to create a Brand Owner Account. Brand Owners will only be charged upon their approval to a Post(s), issues in response to their Brief. In doing so, persons and entities requesting or attempting the creation of a Brand Owner Account are doing so at their own risk and liability, and shall perpetually indemnify and keep Turbine and its directors, employees, agents and representatives indemnified against all and any third-party claims in connection to YOUR use of the Platform. In the event Turbine receives any notice from any third party alleging any rights in connection to the brand(s) that a Brand Owner created a Brand Owner Account, Turbine shall have the right to immediately suspend or terminate the Brand Owners Account WITHOUT ANY NOTICE, and if required by law or by a court order to share and dispose any information in relation to a Brand Owners Account presented by Brand Owner upon applying to create a Brand Owner Account or later throughout the Term of Engagement. Turbine reserves its right to perpetually deny access to any person or entity misrepresenting its connection to another person’s brand(s).

Once YOUR Brand Owner Account is approved and created by Turbine, YOU will have the ability to search for Influencers, access their profiles, and to send them an advertisement or campaign Brief. The Brief must be filled and communicated to the Influencers through Platform and/or Application. After filing the Brief for YOUR campaign, you may communicate the Brief to the desired Influencer through Platform and/or Application.

Once YOU are notified a Post was made to YOUR Brief, YOU can check the Post and either

  1. approve it

  2. reject it, or

  3. request amendments

Once confirmed by YOU, the Influencer will receive a Post(s) approval notification and the Influencer will implement the campaign subject to the Post as finally approved by the Bran Owner. Turbine may, at its sole discretion, apply a minimum spend for Brand Owners Account. In such an event Brand Owners will be notified in writing of any such minimum spend.

You shall remit to Turbine the APF subject to the hereunder Payment Terms.

​B.  Payment Terms for Approved Post(s)

      Brand Owners acknowledge and hereby agree to:

C.  Brand Owner Warranties and Acknowledgements

  1. Pay Turbine all and any fees and charges made to Approved Post(s) and use of the Platform, in accordance with these Terms of Use. Unless otherwise agreed between the Brand Owner and Turbine, payments must be made by credit card, PayPal or through a wire transfer made to the bank Account advised at the time by Turbine using a provider authorized by Turbine. Turbine reserves the right to charge any credit card or other surcharges.

  2. Brand Owners shall pay all due APFs within a maximum period of 30 calendar days from YOUR approval to the Post(s) proposed by the Influencer.

  3. Persons (such as “Media Agents”) effecting any payments to Turbine on behalf of the Brand Owners have to be duly authorized by the Brand Owners and shall not attempt to pay, any charges through any fraudulent or unlawful means.

  4. If a Brand Owner fails to pay any charges or Turbine was unable to successfully process any due payment(s) of any charges within the timeframe required (as applicable), Turbine shall have the right to charge a late payment fee calculated at a rate of ten percent (9%) per annum. Turbine shall also have the right to delete the Brand Owners Account and to suspend the publishing of any Approved Paot(s).

Brand Owners hereby warrant and acknowledge that:

  1. Turbine shall subject to its sole discretion have the right to reject any Brief(s) that does/do not comply with these Terms of Use.

  2. Brand Owners will not negotiate terms or payment directly with Influencers in connection to Post(s), otherwise Turbine shall not with standing any other remedies that Turbine might by contract law or tort enjoy, have the right to terminate the Brand Owner Account with immediate effect.

  3. The right to use a Post(s) is strictly limited in accordance with these Terms of Use. Brand Owners are not permitted to use a Post(s) in any form of paid, sponsored or promoted advertising, on any platform or media without the prior written consent of Turbine.

  4. Brand Owners further warrant that:

    1. They own or control the Intellectual Property Rights in and to the content, and material that Brand Owners may upload to the Platform or provide to be used as part of an Approved Post and that the they enjoy and shall throughout the Publishing Period maintain right to license/re-license such content/material to Turbine and to Influencers in the manner set out in these Terms of Use; or

    2. They will not engage nor facilitate misrepresentation or suggestion that a brand or other intellectual property right used in a Post(s) or uploaded to the Platform has the approval or sponsorship of any other entity which the Brand or entity does not have; and

    3. All and any content or material used in a Post(s) or uploaded to the Platform does not contain any representations or material which are (or ought reasonably to have known or suspected) to be misleading, false or deceptive.

  5. Brand Owners agrees that Turbine is not responsible for any aspect of the material and content to be reviewed, shared, sponsored or advertised by Influencers, and acknowledges and agrees that Turbine shall in no event be responsible or liable for the content of any Post(s).

  6. Brand Owners acknowledge that Influencers are independent third parties and not directly controlled by Turbine. As a consequence, any Post(s) will inherently risk negative or unflattering comments about the brand, products or services of the Brand Owner. Brand Owners specifically acknowledges and agrees that Turbine has no control over any Post(s) that may be published and that the Brand Owners are solely responsible (and assumes all liability and risk) for determining the appropriateness and suitability of such Post(s).

  7. Turbine has not and will not make any warranties in respect of the success of any of the Post(s) and its impact on the Brand Owner’s business or commercial performance of any Post(s).

  8. Neither the Influencer nor Turbine is required to purchase any of the products or services;

  9. Brand Owners may, in their sole discretion, arrange to send Influencer(s) a sample product. Influencer may request a Brand to send a sample product, but Brand is under no obligation to do so, and that Turbine will not be responsible or liable in any way for late delivery or non-arrival or any products sent from a Brand Owners to an Influencers. Address provided by Influencer through the Platform is not verified by Turbine. If a Brand Owner sends a sample product to an Influencer, there is no guarantee that a Post will be approved or published.

 

VII.  INTELLECTUAL PROPERTY

YOU hereby acknowledge and agree:

All right, title and interest in all Intellectual Property Rights in all of the Turbine’s brands, logos, images, buttons, codes, layout, text, content and products and services as displayed on the Platform (Turbine’s IP”) are the property of Turbine and will remain or be vested in Turbine at all times. The use of the Platform by either a Brand Owner or by an Influencer will not under any circumstances constitute a transfer, assignment or grant of any ownership rights in any of the Turbine’s IP or the Platform. Turbine, on a case by case basis and to the extent required, grants to you a limited, non-exclusive license to use the Turbine’s IP solely for the purpose, and to the extent necessary, to enable you to use the Platform.

All and any rights in and to Turbine’s IP shall remain Turbine’s sole property and may not be used except as specifically permitted in these Terms of Use. Nothing in these Terms of Use will constitute a transfer, assignment or grant of any ownership rights to any YOU in any of Turbine’s IP.

Brand Owners shall not acquire any ownership rights in the Intellectual Property Rights in the Post(s) or the Influencer’s Identity;

Influencers shall not acquire any ownership rights in the Intellectual Property Rights of the Brand; and Influencers further acknowledge and agree that:

All right, title and interest and copyrights in and to the Post(s), shall unless otherwise agreed between you YOU and Turbine shall as of creation automatically vest and remain vested in Turbine. In the event that such rights do not automatically vest in Turbine, YOU agree to grant in respect to the copyright and to each and every approved Post and in respect of all a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable license to use the Post(s), without further notification to or consent or any further compensation payable to the YOU; the above shall without limitation include Turbine’s right to use Influencer’s identity and performances in the Post(s) and to communicate such performance as well as the Post(s) as a whole or any part thereof to the public in all languages, and media including but not limited to any and all:

  1. online paid media (including but not limited to digital banners); in

  2. online owned media (including but not limited to the Platform and Application);

  3. all social media platforms (whether or not owned/controlled by Turbine or not)

  4. digital, print, and/or other media platforms

Brand Owners hereby grant to Turbine (and its agents), in respect of all Content uploaded to the Platform:

1.a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable license to use the Content for the purpose of marketing and promoting Turbine (and its products and services) in any manner, without further notification to or consent of the Brand or any compensation payable to the Brand; and

    1. to grant to the Influencers, a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable license to post, share, comment upon and re-post the relevant content across their Influencer’s ASMPs as part of any approved Post(s) in accordance with these Terms of Use

Brand Owners further acknowledges and agrees that the license to use the Content shall only commence upon payment of the APF, and Brand Owners shall not be entitled to use any Content or anything similar to the Content in any way outside of the Platform unless and until it has paid the relevant APF

“Content” means a Post(s) or any other content uploaded to the Platform by a Brand Owner or an Influencer.

Intellectual Property Rights” means all present or future intellectual property rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trademarks, service marks, trade names, domain names, designs, any rights in silicon chip topography, Confidential Information and Know-How and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia or otherwise.

 

VIII. GENERAL REPRESENTATIONS, WARRANTIES AND ACKNOWLEDGEMENTS (APPLICABLE TO ALL USERS)

  1. YOU warrant, represent and covenant that:

    1. all information you provide to Turbine upon registering for an Account is true, accurate and complete and not misleading;

    2. YOU have the right and authority to create an Account and agree to these Terms of Use.

    3. You are authorized to submit content, as applicable, in the manner determined in these Terms of Use.

    4. any content you submit to the Platform will not contain anything that;

      1. is illegal or contrary to any laws, applicable industry code or the requirements or directions or relevant regulators;

      2. is copied or adapted either wholly or substantially from any other work or material;

      3. is indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, offensive or objectionable or contains, depicts or alludes to or promotes aggressive, unruly, antisocial, lewd or illegal behaviour or sexually suggestive imagery;

      4. parodies, disparages or makes fun of Turbine or its products of services or Turbine generally in any way;

      5. solicits passwords or personal information for commercial or unlawful purposes or provides any telephone numbers, street addresses, last names, URLs or email addresses (unless part of a Campaign);

      6. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated materials;

      7. involves the transmission of junk mail, chain letters, unsolicited mass mailing or spam; or

      8. Infringes the privacy rights, contract rights or other rights (including Intellectual Property Rights) of any person, corporation or entity.

 

IX. INDEMNITY

YOU agree to indemnify, to defend and hold harmless, Turbine and its directors, employees, agents, and representatives from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in any way connected with any of the following (including as a result of YOUR direct activities on the Platform):

    1. YOUR access to the Platform;

    2. YOUR breach of these Terms of Use

    3. YOUR claim against a user of the Platform for any reason;

    4. any claim by any third party (including any other brand or influencer) arising directly or indirectly from YOUR breach of any of the provisions of these Terms of Use;

    5. any claim or allegation that YOUR content infringes a third party’s rights, including Intellectual Property Rights.

    6. YOUR violation of any applicable laws, rules or regulations; and

    7. any misrepresentation made by you.

 

X. LIMITATION OF LIABILITY

  1. By using the Platform, YOU may be exposed to content that is harmful, obscene, misleading or inaccurate. YOU agree that Turbine will under no circumstances be liable in any way for any content, including but not limited to any errors or omissions in such content or any loss or damage of any kind incurred as a result of any use of content posted, transmitted or otherwise made available via the Platform.

  2. Any liability of Turbine to YOU in connection with the use of this Platform or in connection to these Terms of Use, regardless of the form or cause of action, shall in connection to each Post be at all time, limited to the amount actually paid by the Brand Owner to Turbine for the services related to the relevant Post. Turbine shall not be liable to YOU for damages of any kind arising out of YOUR OR OTHERS use of the Platform. Without limiting their foregoing, in no event shall Turbine or any of its associated entities, successors in title, licensees or assigns be liable for any direct, indirect, special, incidental, consequential, punitive or exemplary damages, arising out of, or in connection with, the Platform, these Terms of Use, or any Post, content or campaign. The foregoing limitations apply whether the alleged liability is based on tort, contract, negligence or any other basis, even if Turbine or any other party has been advised of the possibility of such damages.

 

XI. GENERAL TERMS

  1. Unless otherwise stated herein these Terms of Use, YOU irrevocably agree that YOU shall be solely liable to any fees and/or costs associated with downloading, installing, accessing and/or using the Platform developed by Turbine for the purpose of the services provided through the Platform, or with any of the services provided through the Platform or through the ASMPs, or any associated services or elements of the Platform.

  2. Nothing in these Terms of Use operates to exclude any liability for death or personal injury caused neither by negligence, nor for fraud. Whilst Turbine endeavors to take all reasonable steps to ensure that the Platform operates as expected, the Platform and its entire contents are provided on an “as is” and “as available” basis without any warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law. Turbine disclaims all warranties of merchantability, non-infringement and fitness for a particular purpose. Turbine does not make any guarantees and does not provide any undertaking that the Platform will be available at all times or that it will be error free, reliable or secure or free from viruses or other harmful components or that any defects will be corrected. YOU agree that YOU use the Platform at YOUR own risk and that Turbine disclaims any and all responsibility for any damage or loss that YOU may suffer or incur as a result of using the Platform, whether they are direct or consequential (including loss of profits, loss of business revenue or loss of goodwill). This includes any loss that results from any interference, malfunction, delays, failures or damage that occurs to YOUR device or those results from accessing, installing, updating or using the Platform. YOU assume total responsibility for YOUR use of the Platform, including compliance with all applicable road rules and regulations. YOUR sole remedy against Turbine for dissatisfaction with the Platform or any content is to stop using the Platform.

  3. Turbine reserves the right to monitor the Platform generally and all Account activity. If YOUR Account shows signs of fraud, abuse or suspicious activity, Turbine may close or freeze the Account immediately. Turbine retains the right and absolute discretion to suspend or terminate YOUR Account, and/or access to the Platform generally without notice if Turbine believes you have abused any privilege accorded to you as a participant in the Platform, supplied misleading information or made any misrepresentations to Turbine in connection with the Platform tampered with the Platform in any way, breached these Terms of Use, or engaged in any unlawful or other improper misconduct calculated to jeopardize the proper administration of the Platform. Turbine retains the right to remove any content that it considers breaches these Terms of Use. In the event of termination or suspension of YOUR Account in accordance with these Terms of Use, you will have no further access to YOUR Account for the duration of the suspension or at all in the event of termination. Turbine’s legal rights to recover damages or other compensation from you are reserved.

  4. If the Platform is not capable of running as planned for any reason beyond the reasonable control of Turbine, including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Platform, or if any social media Platform alters its terms of service, access or permission in such a way that affects the Platform, Turbine reserves the right, in its absolute discretion, to cancel, terminate, modify or suspend the Platform.

  5. These Terms of Use are governed by and are to be construed in accordance with the laws of the United Arab Emirates and the parties submit to the exclusive jurisdiction of the courts of the Emirate of Dubai.

  6. No additional or other terms and conditions may be imposed on Turbine unless agreed by Turbine in writing.

  7. If you are using the Platform on behalf of a legal entity, you represent that you are fully authorized to enter into an agreement on behalf of that legal entity.

  8. These Terms of Use constitute the entire agreement between YOU and Turbine and govern YOUR use of the Platform, superseding any prior agreements between YOU and Turbine.

  9. Users will not assign any rights or obligations under these Terms of Use, in whole or in part, to any third party without the prior written consent of Turbine. Turbine may assign its rights or obligations hereunder at its sole discretion.

  10. If any clause or part of any clause is in any way unenforceable, invalid or illegal, it is to be read down and amended so as to be enforceable, valid and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed from these Terms of Use without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.

 

CONTACT AND HELP DETAILS

  1. You may contact Turbine via:

Address: AstroLabs - Cluster R Parkside-Retail JLT 

Dubai - UAE
T +971 4 454 1159  

M +971 52 1243322 
Email: mailto:info@turbine.media  

 

INTERPREATION

  1. The following terms have the following meanings in these Terms of Use:

    1. Account” means a Brand Owner Account or an Influencer Account;

    2. Application” means the Turbine App available for download via https://itunes.apple.com/ae/app/turbine-media/id1273511940?mt=8

    3. Influencer’s Identity” means the name, image, likeness, character and online persona of the Influencer.

    4. Media Agency” means an authorized third party organization acting on behalf of a Brand or Brands, including public relations, media, creative, design and digital agencies;

    5. Post(s)” means a social media post created by an Influencer to be shared with the Influencer’s Community via the Influencer’s Platform.

 

Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE.