Terms and Services

Welcome to the website located at www.chamboost.com (hereinafter referred to as the “Site”), owned and operated by Black Ace Media Inc. (“ Chamboost”). Please, carefully read these Terms and our Privacy Policy (the “Policy”). These Terms Policy shall also include any supplemental terms, guidelines and/or policies thereof (hereby incorporated by reference).If you continue to browse and use this website you are hereby acknowledging that you have read, understood and agreed to be bound by and under these Terms of Use and Service (the “Terms”) and which together with our Policy, shall govern Chamboost’s relationship with you in relation to the Site and any services offered thereby (collectively, the “Service(s)”). These Terms constitute the entire agreement between you and us. If you do not agree to these Terms, please, exit the Site and stop use of our Services.The terms or ‘us’, ‘its’, ‘ours’ or ‘we’ as used herein refer to Chamboost and/or its affiliates, assignees, shareholder, subsidiaries, assignees, successors, affiliates, and/or brands. The terms ‘you’, ‘your’, and/or ‘yourself’ as used herein refer to you, a user of our Site, whether a visitant or registered. To prevent any breach of the Terms hereof and to enforce any available remedy, we shall take any technical, legal or managerial measures that we deem convenient, in our sole discretion, without prior notice to you or any other user.MinorsChamboost duly undertakes the protection of the rights of minors and children, and thereby encourages parents, legal guardians and responsible adults to be actively involved in the safe use of the Internet. You hereby represent and warrant that you are at least thirteen (13) years of age, or older, as of the date of first access to our Site and, henceforth, using the Site under the direct supervision of your parent, legal guardian or responsible adult. You hereby represent and warrant that you will not provide Chamboost with personally identifiable information of children under the age of thirteen (13).UpdatesChamboost hereby reserves the right to update, modify, change, amend, terminate or discontinue the Site, the Terms and/or the Policy, at any time and at its sole and final discretion. Chamboost may change the Site’s functionalities and (any) applicable fees at any time. Any changes to these Terms will be displayed in the Site, and we may notify you through the Site or by email. Please, refer to the date shown below for the date where effective changes were last undertook by us. Your continued use of the Site after the last effective date of amendment to these Terms – either by registration or simple use – indicates your acceptance of any modifications thereto. Your use of this Site is entirely at your own risk, for which Chamboost will not be held liable whatsoever.ServicesChamboost provides with its users with a web platform where brands (the “Advertisers”) may met with and engage with famous personalities (the “Influencers”) who have active and engaging profiles in social media websites (e.g. Instagram and Twitter) (the “Social Profiles”).Advertisers can engage Influencers in order to exploit their reach and have them use their Social Profiles to make call to actions towards other social media users (e.g. telling them ‘follow’ another social media account or “endorsing” a product) (the “Campaigns”). These actions are for the benefit of both Advertisers and Influencers. Through the Service, Advertisers may post Campaigns, reach and invite Influencers and select them to participate in Campaigns. If selected to participate in a Campaign, Influencers will be able to communicate with Advertisers in order to receive instructions, information, URLs, texts, dates and other terms and conditions for each Campaign. Relationship among Advertisers and Influencers will be governed by a separate agreement, which does not constitute a waiver of these Terms or the Policy.If a dispute takes place among Advertisers and Influencers, Chamboost will first mediate such dispute and, if necessary, will arbitrate and will hold final decision regarding the outcome, including any payments.Influencers acknowledge and agree to abide by the information, URLs, texts, dates and other terms and conditions posted by each Advertiser for each Campaign. Chamboost reserves the right to revise the content of each Campaign and, if necessary to moderate or edit inappropriate content or that violates these Terms.Advertisers and Influencers will not contact each other outside the Site to avoid paying fees to Chamboost, and in any case, all payments concerning any Campaign originated in the Site will be done through the Site. If Chamboost get knowledge of any intent, alleged or factual, to avoid paying fees through the Site, they reserves the right to temporarily or permanently freeze related monies in escrow, with deletion of appertaining Campaigns and user accounts along with taking legal action against the Influencer and Advertiser.Advertisers acknowledge that the Social Profiles shown though the Site are of persons not associated with Chamboost in any manner, that their services are undertaken by them personally, not by Chamboost or its officers, employees, contractors, agents or representatives, and that it will be their own responsibility to ensure that the Social Profiles, credentials, resume, practice and capabilities of any Influencer contacted through the Site meet any of their specific requirements.You agree not to, and will not undertake, motivate, or facilitate the use or access of the Site and/or Chamboost to:a. Help, motivate, or enable others to infringe these Terms.b. Plagiarize or infringe the intellectual property rights of a third party.c. Use any automated process to access or use our services or any process, whether automated or manual, to capture data or content from any of our services for any reason.d. Disrupt the normal flow of dialogue and/or exchange on the Site.e. Upload, post or otherwise disseminate any content that: (i)infringes or violates the intellectual property rights of any third party, including any trademark, copyright, trade secret, moral rights, ancillary rights or other rights therefrom, or causes or results in the violation of any applicable law or regulation, (ii) in any way exploits the Site other than as specifically sanctioned by us; (iii) encourages any conduct that could promote or cause discrimination, racism, hatred, harm or violence against any individual or group of persons; (iv) threatens minors in any manner; and/or (v) promotes or encourages illegal or fraudulent activities.f. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site; and/or promotes or disseminates any content that is or may be considered obscene, pornographic or otherwise objectionable.g. Copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Site or any part thereof.h. Delivers or attempts to deliver, any unsolicited advertising, electronic email, promotion, spam or chain letters.i. Collect, receive, transfer or disseminate any personally identifiable information of any user of the Site without the express authorization of the holder.j. Collect, receive, transfer or disseminate any content that is illegal or unlawful that would constitute, encourage or provide instructions for a criminal offense, or otherwise create liability or violate any local, state, national or international law.k. Deliver unsolicited promotions, political campaigning, or commercial messages (SPAM) or any chain messages or any content designed to deceive or trick the users of the Site.l. Impersonate or misrepresent any affiliation with any legal entity or person.You further acknowledge and agree that you will treat as strictly private and confidential, any username or password which you receive from Chamboost and any and all information to which you have access through our Services, and that you will not cause or permit any such information to be communicated, copied, or otherwise divulged to any other person whatsoever. Any violation of this provision may result in immediate termination of your access to the Site and use of our Services, without refund, reimbursement, or any other credit.ExclusivityAdvertisers and Influencers who met and engage into an agreement for Campaigns via the Site hereby acknowledge to be bound under exclusivity for a period of twelve months. That is, during such period, they will only work as Advertiser-Influencer pair within the Site, and not outside the Site as Advertiser-Influencer pair.During the exclusivity period, Advertiser-Influencer pair agrees that Chamboost will be their sole and exclusive method to make payments, set up campaigns, or anything along those lines, unless they pay Chamboost a one-time exclusivity waiving fee to be agreed with Chamboost. This obligation does not preclude their right to engage with other Advertisers or Influencers outside the Site.AccountIf you wish to create, manage and/or participate in a Campaign, you must register for an account as Advertiser or Influencer. You are solely responsible for the activity that occurs on your Account, and for keeping your password secure. We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate any account upon any factual or alleged breach of these Terms. You must notify Chamboost immediately of any change in your eligibility to use the Site, breach of security, or unauthorized use of your account. Additionally, and depending on our business strategies, we may allow you to open a free account for a certain period of time, with access to part or all of the functionalities of the Site.Access to the Site may be terminated or suspended, without prior notice or liability of Chamboost. If you want to terminate your account, you must first clear all pending campaigns and then send us an email to [email protected], where we will review your campaigns, and will close the account within thirty days once all fees and payments are cleared.All information posted throught our Site may include inaccuracies or errors, and does not constitute a direct endorsement of any kind of product or service.Payment processing systemsWe use third-party payment processors such as credit card and/or PayPal to bill you through a payment account linked to your account on the Site, for any purchases made through the use of the Site. The processing of payments for sellers and buyers will be subject to the fees, terms, conditions and privacy policies of such payment processors. Chamboost is not responsible for any and all errors by the payment processors.Payments, BillingsOpening and account on the Site has no cost; however, certain functionalities of the Site, such as Campaigns, require the payment of service fees to Chamboost (the “Service Fee”). Service Fee will be mutually agreed by Chamboost and Advertiser prior to any Campaign commencing. Chamboost will also charge a fee to Influencer (the “Matching Fee”), derived from payments received by Influencer from Advertiser. All amounts will be received and remitted though through PayPal and other payment processors used by us from time to time.Chamboost will receive the funds required for a Campaign from Advertisers and will keep them in escrow until they are applied to a Campaign. Once applied, Chamboost will then deduct its Service Fee (the amount may vary depending on specific Campaigns). Once received, Campaign’s funds are not refundable. Funds held in escrow shall not bear interest. Besides the usual Campaigns, the Site may offer additional functionalities to enhance Campaigns, including payment of add-ons and specific milestones to Influencers. Service Fees are also charged on those payments.Once payment to Influencers from Campaigns funds are cleared by Advertiser, funds will be remitted to Influencers, minus the deducted Matching Fee of Chamboost (ten percent), the 1st and 15thdays of every month.Applicable taxes may apply to the Service Fee and Matching Fee (e.g. VAT), depending on the province or territory where Advertiser or Influencer resides. Each party to these Terms must comply with their respective tax and fiscal obligations.SpamWe take spam seriously, and we encourage you and our users to report any spam activities to us. We will not tolerate, nor allow others to undertake, any and all use your account and/or any information regarding the Site, pursuant to the remission of any other unsolicited bulk communication to any of our users or to any third party. In compliance with the Controlling the Assault of Non-Solicited Pornography And Marketing Act (‘CAN-SPAM Act’), you may not access the Site to harvest and/or collect any information about our users, for any purpose, and any commercial communication that you may receive from us and/or our partners, licensors, suppliers and affiliates will clearly indicate measures to stop receiving such communications, including unsubscribe links and appertaining instructions.Takedown Notices, InfringementIn compliance with the Digital Millennium Copyright Act (‘DMCA’), Chamboost takes copyright infringement seriously, and is ready to remove any content posted upon duly notice and request by a copyright holder. If you believe that any content or other material provided through the Site allegedly infringes the copyright of you or of a third party, please notify us of your claim to: [email protected] (subject: "Takedown Request"). Chamboost may remove any content if it believes or has reason to believe such content infringes on another’s copyright, without prior notice and at any time and at its sole discretion. We may also disable your or any user ability to use the Site or terminate your access thereof.The notification must be in writing and must contain the following information, at a minimum: (i) a signature and identification of the title holder and/or the person authorized to act; (ii) a description of the copyrighted work that allegedly has been infringed; (iii) contact information, such as your address and your email address (for us to deliver our response to you); and (iv) a statement indicating that the information provided in the notice is true and accurate.OwnershipAll trademarks reproduced in our Site are the property of – or licensed to – the respective title holder acknowledged (or not) on the Site, who may or may not be affiliated with, connected to, or sponsored by us or and/or affiliates, partners, advertisers and subsidiaries. We own, control and/or have sufficient right and authorization for the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws.Third party linksFrom time to time, our Site and Services may contain hyperlinks to other websites. These links are provided for your convenience and to provide further information, and does not mean that we endorse such websites or their products and services; and therefore your use thereof is at your own risk. Any linked websites, are thereto governed under their respective privacy policies, terms and conditions and legal disclaimers. Please review the aforementioned documents, which will govern any use thereof. You may not create a link to this website from another website or document without Chamboost’s prior written consent.We are not responsible for third party sites hyperlinked from this Site, nor do we make any endorsements or warranties, express or implied, with respect to the content of third party websites or the products or services offered on any third party websites, including but not limited to accuracy, completeness, reliability, suitability, non-infringement, merchantability or fitness for a particular purpose.AcceptanceBy accessing or using the Site, you hereby represent and warrant that you have read, understood, and agreed to be bound by and under these Terms. Some of the images shown in the Site are licensed and/or purchased stock photos, and are only shown for illustration purposes and, therefore, they may not accurately reflect the appearance or characteristics of a certain item or treatment.Limitation of LiabilityYour use of our Site is at your own risk, and therefore you hereby acknowledge and agree that we supply our Services “as is”, “with all faults”, and “as available”, including all content, software, materials, services, functions, and/or information made available through the Site. Chamboost’s maximum cumulative liability to you for any losses or damages arising out of or in connection with your access of the Site and any Services therein shall be limited to: (i) the amount paid, if any, by you to us in connection with the Site and any Services therein during the twelve (12) months prior to the action giving rise to such liability (if any); or (ii) USD$100 (One Hundred United States Dollars), whichever amount results inferior.Disclaimer of DamagesCHAMBOOST WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, VIRUS, WORM, COMPUTER OR SOFTWARE FAILURE OR INACCESSIBILITY OR ANY OTHER PERSONAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER LEGAL THEORY) AND EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IndemnificationYou agree, at your sole expense, to defend, indemnify and hold Chamboost, our independent contractors, website providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your conduct; (ii) your violation of the Terms or your violation of the rights of any third-party; or (iii) any user content.GeneralsForce Majeure . Chamboost will not be liable for any failure to perform our obligations hereunder, where such failure results from any cause beyond Chamboost's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.Headings . The section and paragraph headings in these Terms of Use are for convenience only and will not affect their interpretation.Severability . If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.No Waiver . Failure by us to impose any of its rights under these Terms shall not be interpreted as a waiver of any rights hereon, nor any other rights with respect to the matter hereof.Notices . Any non-legal notices or communications hereunder, including those regarding modifications to these Terms, shall be in writing and delivered by in writing (to any address you may provide). For notices made by e-mail, the date of receipt will be deemed the date in which such notice is transmitted.Assignment . You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Notwithstanding the foregoing, we may assign any rights or obligations hereunder. Any rights not expressly granted herein are thereby reserved. These terms will inure to the benefit of any successors of the parties. We reserve the right, at any time, to sell, transfer or otherwise share some or all of the Chamboost assets, including your personally identifiable information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.No Relationship . You and Chamboost are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.Exchange rates . Currency exchange rates displayed on the Site or elsewhere are based on various sources and should only be used as reference. Actual exchange rates will vary depending on the location, bank, credit card and/or payment processing systems used by you.Waiver of Class Actions, and Non-Individualized Relief . You hereby acknowledge and agree that you may only bring claims against Chamboost on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Chamboost agree otherwise, you may not consolidate or join more than one person's or party's claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding.Consumer Notice . For any inquires or complaints regarding the Service or Site, please contact our customer service team by post at Ivandale Dr 1073, L5V Brampton – Mississauga, Ontario, Canada, Attention: Arfan Chaudhry, or by email at: [email protected]Applicable Law . Your use of this Site and any claim, dispute and/or cause of action that might arise between you and us, without regard to conflict of law to principles, shall be subject to the laws of the State of California, United States of America, without regard to the conflicts of laws principles thereof.Arbitration, Forum . The parties waive trial by jury. You agree that you will seek arbitration consistent with the rules of the American Arbitration Association (AAA) before initiating any litigation. If arbitration cannot resolve the issue, you agree to submit to the personal jurisdiction of the courts located in California for litigating all such claims or disputes.Arbitration of disputes will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the AAA. The AAA Rules and costs related to arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879.Last updated: June 20, 2016.