Terms & Conditions
1. DISCLAIMER
The following information is provided pursuant to the duty of information stipulated in Article 10 of Act 34/2002 of 11 July on E-Commerce and Information Society Services:
The website www.SocialPubli.com is owned by the trading company Internet República S.L., with registered offices in Madrid at calle Alcalá, 44 - 6ºA. 28014, which company was incorporated for an indefinite period by means of a public deed drawn up before the notary public of Madrid Mr. Santiago Mora Velarde on 11 November 2011, and is entered in the Mercantile Register of Madrid at Volume 29435, Folio 178, Section 8, Sheet m-529834, Entry 1; the tax ID number of the company is B86340262.
These Terms and Conditions of the SocialPubli Advertising Program (the “Terms”) are entered into between the legal entity or individual that signs this document or any other document that makes reference to the Terms or that accepts these Terms electronically (hereinafter referred to as the Contracting Party) and Internet República S.L. (hereinafter referred to as SOCIALPUBLI). The Contracting Party expressly agrees to be bound by these Terms and by all such documents as may be accessory and/or related to same, and by any modifications made hereto in the course of time. Should the Contracting Party be a legal entity the individual who signs the Terms on behalf of same declares him/herself to be an authorized legal representative of the Contracting Party duly empowered to bind his/her principal. SOCIALPUBLI and the Contracting Party hereby agree and acknowledge the following:
2. GENERAL TERMS AND CONDITIONS OF USE
2.1 General
SocialPubli is an advertising tool that brings Users with accounts on the social networks Twitter, Instagram, YouTube, Blogs or Facebook (hereinafter referred to as influencers). These General Terms and Conditions of Use and the relevant Privacy Policy govern access to and use of the website www.SocialPubli.com (hereinafter called SocialPubli.com) by Users.
Access to SocialPubli.com is free of charge, not counting any cost entailed by the connection via the communications network supplied by the relevant access service provider, which connection must be contracted by the User on his/her own account and at his/her own risk.
All those who use SocialPubli.com acquire the status of Users, which status entails acceptance of all the points included in these General Terms and Conditions. Users are advised to read these General Terms and Conditions carefully each time they access SocialPubli.com, as the website and these General Terms and Conditions may undergo modifications.
SocialPubli reserves the right to modify or update the contents and services of SocialPubli.com and, in general, of any part of the design and configuration of SocialPubli.com at any time with no requirement to provide prior notice.
2.2 Registration Requirement
In general, Users will be required to register in order to access the services and contents provided on SocialPubli.com.
All data provided by Users must be accurate, truthful, and up-to-date. Each registered User is responsible for safeguarding his/her password at all times, and is liable for any harm that may arise from improper use thereof, or from the disclosure, transfer or loss thereof. For these purposes any access to restricted areas and/or use of services and contents made via the password of a registered User will be considered to have been made by that registered User, who will in any event be answerable for such access and use.
2.3 Advertisers and Advertising Agencies
Advertisers may contract advertising campaigns comprising sponsored tweets on SocialPubli.com either directly or via an Advertising Agency.
2.4 Tweeters and Account Managers
Influencers will register on SocialPubli.com with their Twitter, Instagram, YouTube, Facebook accounts or blogs either directly or via an Account Manager that legally represents them, and are free to define their own profiles and the types of advertiser or brand for which they wish to engage in advertising by selecting the relevant categories.
Influencers receive 50% (fifty per cent) of the amount for the sponsored tweets that they make in the corresponding advertising campaigns.
2.5 Prices
The price applied at any given time by SocialPubli.com per sponsored tweet for each account of each Tweeter is calculated by an algorithm that takes into account the level of recognition and renown of each Tweeter, based on various parameters (number of followers, mentions frequency, activity level of followers, number of retweets, favorites, etc).
The payment to influencers for each advertising campaign will take place after the sponsored mentioned is carried out in accordance with the requirements of the platform.
Advertisers will have to pay for all the advertising campaigns at the beginning of each campaign, thus before the sponsored mentions are carried out.
2.6 Payment Method
Payment for advertising campaigns is collected online via PayPal or a similar system. The data provided by Users for that purpose will be treated with all due confidentiality, in line with the Privacy Policy.
SocialPubli will issue monthly settlements of account including all revenues effectively received and the percentage corresponding to the Tweeters or, as the case may be, Account Managers.
Payments must be made by bank transfer. To that end Tweeters or, as the case may be, Account Managers must provide SocialPubli with details of an active current account.
T axes and fees will be payable as provided for in the legislation in force, and Advertisers and Tweeters (or whosoever may be duly authorized to manage their accounts on their behalf) will be responsible for fulfilling all relevant labor-related, civil, mercantile, fiscal, and social security payment obligations in regard to their own personnel assigned to handle their activities.
2.7 Duties of Advertisers and Tweeters
Tweeters (or whosoever may be duly authorized to manage their accounts on their behalf) may decline to insert advertising from a particular Advertiser, service or product proposed by the Company without thereby incurring in any breach of this agreement.
Similarly, the wording of sponsored tweets will be proposed by the Advertisers, and Tweeters (or whosoever may be duly authorized to manage their accounts on their behalf) must give their express consent or indicate their refusal prior to publication on their Twitter accounts.
Advertisers and Tweeters (or whosoever may be duly authorized to manage their accounts on their behalf) will hold sole liability for the content of the texts published, and undertake that those texts will not include content that infringes the rights of third parties or is in breach of the law, public order or morality, and that the advertising campaigns run will comply with the regulations governing advertising, e-commerce, and information society services, consumers and users, competition rights, and any other applicable regulation. In no case may SocialPubli be held liable.
2.8 Independent, Exclusive Control Panel
The influencer accounts will be available from the General Control Panel of SocialPubli.com. Therefore, any advertiser or brand may suggest advertising campaigns to the aforementioned accounts in compliance with the present Terms and Conditions.
2.9 Rules for the Use of SocialPubli.com
Users undertake to use SocialPubli.com and all the contents and services thereon in accordance with the provisions of law, public order, and morality and the rules laid down in these General Terms and Conditions. They also undertake to make proper use of the services and/contents of SocialPubli.com and not to employ same for the purposes of unlawful or criminal activities, activities that infringe the rights of third parties, activities in breach of the regulations governing intellectual and industrial property or of any other applicable regulations or provisions of law.
Users undertake not to transmit, introduce, disseminate or make available to third parties any material or information (data, contents, messages, illustrations, audio or video files, photographs, software, etc) that may be against the law, against public order and morality or against these General Terms and Conditions.
Users undertake to hold SocialPubli harmless in any claims, fines, penalties or sanctions that may be imposed on them as a result of their failure to comply with any of the aforesaid rules and regulations on use. Moreover, SocialPubli reserves the right to claim compensation for damages as relevant.
2.10 No Liability
SocialPubli assumes no liability in regard to the updating of SocialPubli.com to keep information up-to-date, and does not guarantee the accuracy or completeness of the information published. Users should therefore confirm that the information published is accurate and complete before making any decision concerning any service or contents described on SocialPubli.com.
The fact that Users access SocialPubli.com does not entail any obligation on the part of SocialPubli to ensure the absence of computer viruses, worms or any other harmful element. Responsibility for having suitable tools to detect and disinfect harmful computer programs lies, in any event, with the User.
SocialPubli assumes no liability for any damage to software or hardware owned by Users or third parties during the use of the services offered on SocialPubli.com.
SocialPubli assumes no liability for any damage whatsoever caused to Users as a result of dropouts or losses of connection in communication networks that result in the suspension, cancellation or interruption of services on SocialPubli.com during or prior to the provision of services thereon.
2.11 Contents and Services to Which Links Are Provided Via the Website
The SocialPubli.com access service includes technical features such as links, directories, and search facilities that enable Users to access other websites and Internet portals (hereinafter called “Linked Sites”). In no case should the existence of Linked Sites be taken as assuming any formalization of agreements with the owners or holders of those sites, any recommendation or promotion thereof or any identification of SocialPubli with statements, contents or the services available thereon. Such third-party services and/or features are neither owned by nor under the control of SocialPubli.
SocialPubli has no knowledge of the contents and services of Linked Sites and therefore accepts no liability for any damage caused by the illegality, poor quality, obsolescence, nonavailability, errors or a lack of usefulness of such sites, nor indeed any other damage not directly attributable to SocialPubli.
Users therefore hold sole liability for making lawful use of the services, contents, and links provided via SocialPubli.com.
2.12 Intellectual and Industrial Property
All the content on SocialPubli.com, including but not limited to texts, photographs, graphics, images, icons, technology, software, links, and other audiovisual or audio content, along with the graphic design and source codes thereof, are the intellectual property of SocialPubli or of third parties, and no rights of exploitation in regard thereto as recognized under the current regulations governing intellectual property may be understood as being transferred to Users.
The brands, trade names, and distinctive signs that appear on the SocialPubli.com website are owned by SocialPubli or by third parties, and access to SocialPubli.com may not be considered as granting any right in regard thereto. SocialPubli is not liable for any unlawful use by third parties of any brands, trade names, product names, and distinctive signs not owned by SocialPubli that may appear on SocialPubli.com.
2.13 Severability and Null and Void Clauses
Should any of the clauses included in these General Terms and Conditions be declared fully or partially null and void, that null and void status shall extend solely to the provision in question or to the part thereof that is null and void, and the remaining General Terms and Conditions shall remain in force, with the provision in question being considered as fully or partially deleted.
2.14 Applicable Legislation and Jurisdiction
These General Terms and Conditions shall be governed and construed according to Mexican legislation. SocialPubli and the User agree to submit any dispute that may arise concerning the provision of the services covered by these General Terms and Conditions to the courts and tribunals of the city of Guadalajara (Mexico).
2.15 Grounds for Deleting Accounts
SocialPubli reserves the right to delete from the platform any account that promotes contents which are illegal, sexual, racist or may in any way affect a specific sector of the population, and accounts that attempt to misuse the platform.
2.16 Misuse of the Platform
“Misuse of the platform” means any action taken in an attempt to obtain greater profit, such as requesting clicks on promoted links, the use of bots, any alteration of the original message published on the platform, clicks on one’s own account, pasting links on sites other than Twitter or any other action that the administrators of the platform may consider as misuse on the part of the User. SocialPubli also reserves the right to refuse payment is requested and to delete User accounts without prior notice should Users misuse the platform.
3. PRIVACY POLICY
3.1 Incorporation of Personal Details into the Files of SocialPubli
All the data requested via SocialPubli.com need to be completed for the optimum provision of the services made available to Users. If full data are not provided, SocialPubli cannot guarantee that the information and services offered can be provided correctly, or indeed at all, or that they will match the needs of Users.
3.2 Duties of Users
Users undertake that the data which they provide will be true, accurate, and up-to-date, and further undertake to inform SocialPubli of any modification in those data.
Users undertake to hold SocialPubli harmless in any potential claim, fine or sanction that may be imposed as a result of the failure of Users to comply with this Privacy Policy.
3.3 Consent of Users
By registering with or using this website, Users expressly agree to their personal details being processed automatically by SocialPubli.
3.4 Use of Cookies
SocialPubli may, on its own account or on behalf of a third party contracted to provide measuring services, use cookies when Users are browsing on SocialPubli.com. Cookies are files sent to the browser by a web server in order to register the activities of Users as they browse.
The cookies used by SocialPubli.com are associated solely with anonymous users and their computers, and do not in themselves provide any personal data on Users.
By using cookies it is possible for the server on which SocialPubli.com is based to recognize the browser used by each User and thus to simplify browsing by, for instance, permitting those users who are already registered to access the areas, services, promotions, and contests reserved exclusively for them with no need to re-register on each visit. Cookies are also used to measure audience and traffic parameters, and to monitor progress and numbers of entries.
Users may configure their browser to notify them when cookies are received and to prevent them from being installed on their computer. For further information please consult the instructions and manuals for your browser. It is not necessary for Users to enable the installation of cookies sent by SocialPubli.com or by the third party acting on behalf of SocialPubli in order to use the SocialPubli.com website, but failure to do so may make it necessary for Users to log-in as such on each service for which prior registration or logging in is required.
3.5 Modification of This Privacy Policy
SocialPubli reserves the right to modify this privacy policy to bring it into line with any future changes in legislation or jurisprudence, and in line with industry standards.
3.6 Special Cases
Contracting of services payable online. Some of our paid services must be paid for online via PayPal or similar firms. Details of these firms can be found on their official websites. In cases of payment via PayPal or similar firms SocialPubli has no access to the financial data of Users, which data are collected solely by the said firms.
Some of our services can also be contracted by credit card or bank transfer. In these cases the details provided by Users will be treated with due confidentiality as per this Privacy Policy.
3.7 Authorization to Publish Your Name on Our List of Clients
By contracting any of the services offered by SocialPubli you authorize the said firm to publish your name on its list of clients, along with a brief description of the results obtained.
4. PAYMENT COLLECTION POLICY
4.1 Collection Process and Requirements
SocialPubli's system will check if the publications are deleted from the user's social network account. If it's deleted, the amount earned will be taken off the balance of the user leaving him/her with no right to request it again.
To request the balance in their Socialpubli's account, the user will have to reach a minimum of $100 (one hundred dollars). If the user doesn't reach this minimums, he/she will not be able to request their earnings from the platform until they do.
All collections of earnings from the publication of sponsored tweets will be subject to such fees as PayPal may apply thereto; total earnings may therefore vary at the time of withdrawal.
5. SOCIALPUBLI ADVERTISING RULES
5.1 Advertising Philosophy
At SocialPubli, we believe that promoted tweets should contribute to and should be consistent with the general experience of Users. The best promoted tweets are those that are tailored to persons in line with the manner in which they, their friends, and their followers interact with the brands, performers, and firms that interest them. These guidelines are not intended to serve as legal advice, and adherence to them does not necessarily assure compliance with the law. Advertisers are responsible for ensuring that their promoted tweets comply with all applicable laws, statutes, and regulations concerned with advertising actions.
5.2 General Provisions
· a) Our advertising regulations consist of criteria for the contents of advertising, community standards, and other applicable requirements.
· b) Guidelines on promoted tweets, along with our General Terms and Conditions of Use and Privacy Policy, apply to all promoted tweets and to the commercial contents provided by or appearing on SocialPubli.
· c) Promoted tweets must comply with all policies of SocialPubli at all times.
· d) Promoted tweets must not contain statements which are false, misleading or fraudulent in their contents.
5.3 Creativity and Positioning
All the components of a promoted tweet, including any text, images or other media, must be relevant to and appropriate for the product or service offered and the audience at which the advertisement is targeted. Promoted tweets may not contain flash animation or audio that plays automatically without the intervention of the User. Promoted tweets must not seek to position products or services in a sexually suggestive fashion. Advertisements must not include contents that exploit "hot button topics" or political agendas for commercial purposes. Moreover, the wording of advertisements must include correct grammar and the use of all symbols, numbers and letters must reflect their true meanings.
5.4 Accuracy
Sponsored tweets must clearly represent the firm, product, service or brand that they are advertising. The products and services promoted in the text of the tweet must be clearly indicated on the landing page, and the destination site may not offer banned products or services. Moreover, promoted tweets may not suggest false relevance in the case of generic offers.
5.5 Destination Sites
Advertisements must lead to a working site that does not interfere with the ability of users to navigate away from the site.
5.6 Targeting
Sponsored tweets must always apply appropriate targeting and must never use targeting criteria to provoke users. Advertisements for regulated goods and services (e.g. alcohol and gambling) must comply with all relevant legislation, regulations, and industry codes.
5.7 Contents of Advertisements
Advertisers must ensure that their sponsored tweets comply with all relevant legislation, regulations, and guidelines. All claims made in advertisements must be duly substantiated. Sponsored tweets must not be offensive to users. Sponsored tweets must not be false or misleading and must not contain spam. Sponsored tweets must not contain or promote products or services which are illegal. Sponsored tweets must not infringe third party rights. The following specific guidelines on content apply:
·
a) Adult products
Sponsored tweets may not promote the sale or use of adult products or services, including but not limited to toys, videos, publications, live entertainment shows, and sexual enhancement products. Advertisements for family planning and contraceptive methods are permitted provided that the proper targeting requirements are met.
·
b) Alcohol
Sponsored tweets that promote or make reference to alcohol are not permitted in the following countries: Afghanistan, Brunei, Bangladesh, Egypt, Gambia, Kuwait, Libya, the Netherlands, Pakistan, Russia, Saudi Arabia, the United Arab Emirates, and Yemen, or in any other jurisdiction where such advertisements are prohibited by law. When permitted, sponsored tweets that promote alcohol must comply with all local laws, requirements, and industry-recommended codes, guidelines, licenses, approvals, and permits. If a User’s age or country cannot be determined, the advertisement must not be displayed to that User.
·
c) Dating
Sponsored tweets referring to adult friend-finding or dating sites with a sexual emphasis are not permitted.
·
d) Drugs and tobacco
Advertisements may not promote or facilitate the sale or consumption of illegal or recreational drugs, tobacco products or paraphernalia for drug and tobacco use.
·
e) Betting and lotteries
Sponsored tweets that promote or facilitate online gambling, games of skill or lotteries, including online casinos, sports betting, bingo, and poker are permitted only in specific countries and with the prior authorization of SocialPubli. Lotteries run by government bodies may advertise on SocialPubli, provided that the sponsored tweets are in compliance with the legislation applicable in the jurisdiction where the advertisements are posted, and provided that they are targeted only at users in the jurisdiction where those lotteries are available. Sponsored tweets that promote off-line gambling establishments such as off-line casinos in accordance with applicable laws and regulations are permitted in general, provided that the advertisements are targeted appropriately.
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f) Pharmaceuticals and diet supplements
Advertisements must not promote the sale of prescription pharmaceuticals. Advertisements for online pharmacies are prohibited unless SocialPubli reviews and approves them in advance. Sponsored tweets that promote herbal-based dietary supplements are in general permitted; however those which promote products containing anabolic steroids, chitosan, comfrey, dehydroepiandrosterone, ephedra, human growth hormones, melatonin, and any other products considered unsafe are prohibited.
·
g) Software
Sponsored tweets may not contain or link directly or indirectly to websites that contain spyware/malware or downloads of any software that gives rise to unexpected, misleading or unfair experiences for Users, including but not limited to software that:
o i. Infiltrates the system of the user;
o ii. carries out actions hidden from the user;
o iii. may alter, damage, disable or change hardware or software installed on the computer of a user without the express permission of that user;
o iv. is bundled as a hidden component in other free or paid software;
o v. automatically downloads programs without the express prior authorization of SocialPubli;
o vi. displays download dialog boxes with no action on the part of the user;
o vii. may breach or infringe the intellectual property rights of a third party, including copyright, registered trademarks, patents, and other proprietary rights.
5.8 Subscription Services
Sponsored tweets that promote subscriber services or products and services that include negative options, automatic renewal, mobile marketing, and billing conversion products are subject to the following requirements:
· i. The wording of the sponsored tweet must disclose and clearly emphasize the recurrent billing component (e.g. "subscription required").
· ii. The landing page must:
o a. show the price and invoicing interval on the page where users are prompted to enter personal identification details;
o b. include an opt-in checkbox; and
o c. include wording informing on how to cancel subscription or membership.
· iii. Each of the above must be located in a prominent place on the landing page, and must be easy to find, read, and understand.
5.9 Unacceptable Business Model
Sponsored tweets may not promote a business model or practice that SocialPubli considers unacceptable or contrary to the overall advertising philosophy of SocialPubli or to any applicable law, including but not limited to multilevel marketing plans.
5.10 Weapons and Explosives
Sponsored tweets may not promote the sale or use of weapons, ammunition or explosives.
5.11 Community Standards
Sponsored tweets that receive a large amount of negative feedback from users or are deemed to be in breach of our community standards are prohibited and may be deleted. In all cases, SocialPubli reserves the right to determine at its own discretion whether any particular content is in breach of community standards.
5.12 Illegal Activities
Advertisements may not constitute, facilitate or promote any illegal activity.
5.13 Harassment
Advertisements may not insult, attack, harass, intimidate, threaten, demean or impersonate others.
5.14 Hate Speech
Sponsored tweets may not contain "hate speech" directed at any individual or group, based on membership of any particular group, including but not limited to race, sex, creed, national origin, religion, marital status, sexual orientation, gender identity, and language.
5.15 Minors
Sponsored tweets targeted at minors may not promote products or services that may not legally be used by minors in their jurisdiction, or that are considered unsafe or inappropriate.
5.16 Sex / Nudity
Sponsored tweets may not refer to adult content, including nudity, depictions of persons in explicit or suggestive positions or activities that are excessively suggestive or sexually provocative.
5.17 Shock Value
Sponsored tweets may not allude to excessive violence.
5.18 Rights of Others
Sponsored tweets may not include content that infringes or breaches the rights of any third party, including copyright, privacy, publicity, and other personal or proprietary rights.
5.19 Advertising Standards and Criteria of SocialPubli
We reserve the right to reject, approve or remove any sponsored tweet for any reason, at our own sole discretion, including advertisements that negatively affect our relationship with our users or promote content, services or activities that are contrary to our competitive position, best interests or advertising philosophy. These guidelines are subject to change at any time.
6. BUSINESS RELATIONSHIP AND TAXATION OF REVENUES RECEIVED
6.1 Sales Commission Agreement
Users who receive revenue from the collection of any amount via the www.SocialPubli.com website agree that they will thenceforth be subject to a sales commission agreement with Internet República S.L. on the following terms:
· Internet República S.L. will make payments due to Users who post sponsored tweets by means of the online transfer system known as PayPal, via an account in the name of Internet República S.L. To that end, Users must provide SocialPubli with details of the PayPal account into which they wish the revenues from their activities on the website to be paid.
· Users must provide all the information required in the registration fields on the website, including name, age, gender, country, state, and RFC (federal tax registration number) if they are of Mexican nationality.
· All tax liabilities arising from the revenues received for posting sponsored tweets will be exclusively for the account of the User at all times.
· Internet República S.L. may not be held liable for any incorrect data or omissions in the details provided by Users in the registration section and/or in regard to their PayPal accounts.
· No employment relationship of any kind may be construed to exist at any time between Internet República S.L. and Users, so Internet República S.L. is in no way liable for any fiscal obligation of Users arising from any revenues received from the posting of sponsored tweets.
7. PRIVACY NOTICE
As indicated on the website, in order to use the services on offer Users must first provide SocialPubli with certain personal details by completing a short form (hereinafter referred to as the Personal Details). Those details comprise at least an email address, a username, and a password. SocialPubli will process the Personal Details for the management of the services requested by each User. The provision of false, duplicate or third party data is prohibited.
Once this form has been completed and submitted the User is understood to have agreed to and given express authorization for his/her Personal Details to be processed by SocialPubli as provided for in clauses 2 and 3 herein. The User is also informed of and expressly consents to the incorporation of the Personal Details provided into a computer file held by Internet República under the name "USUARIOS", which file is registered with the Spanish Data Protection Agency and will be used solely for the purpose of providing the User with customized website services and entry into contests and activities related to the website. Users who check the relevant checkbox will be understood to have expressed an interest in receiving advertising or commercial information, including information sent electronically, on the products and services of SocialPubli itself and those of third parties that may be of interest to the User in the fields of music, television cinema, radio, communication, training and education, hotels, finance, distribution, sports, travel, insurance, NGOs, publishing, the automotive industry, employment, real estate, meteorology, energy, textiles, health, leisure, administration, electronics, and telecommunications.
Your Personal Details will be used for the following purposes: To provide the services and products that you have requested; to notify you of new services and products related to those already contracted or required; to report changes therein; to draw up studies and programs required to determine consumer habits; to carry out regular assessments of our products and services with a view to improving their quality; to assess the standard of service that we provide and, in general, to meet our contractual obligations to you.
For the aforesaid purposes, we need you to provide the following personal details:
· Full name
· Age
· Marital status
· Gender
· Email address
· Facebook, Twitter and/or LinkedIn ID
· Address
· RFC [Tax ID nº] and/or CURP [Personal ID nº]
You have the right to access, correct, and cancel the personal details provided, to object to their processing and to revoke any consent for such purposes that you may have granted us.
To do so, you need to submit a request to exercise your rights of access, correction, objection, and cancellation. This may be done by writing to Internet República S.L. at calle Alcalá, 44 - 6ºA. 28014 Madrid.
To check for any changes in this Privacy Notice, see https://socialpubli.com/
Last updated on: 11/19/2016