The Marketing Collective - Terms and Conditions

The Marketing Collective User Agreement comprises these Terms of Service (“Terms”), our Privacy Policy, the Marketing Collective Rules and all incorporated policies.

I. MARKETING COLLECTIVE TERMS of SERVICE

II. MARKETING COLLECTIVE PRIVACY POLICY

III. MARKETING COLLECTIVE RULES

Marketing Collective Terms of Service

These Terms of Service (“Terms”) govern your access to and use of our Services, including our various websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services (the “Marketing Collective Services”), and our other covered services that link to these Terms (collectively, the “Services”), and any information, graphics, text, photos or other materials

uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services are conditioned on your acceptance of and compliance to these Terms. By accessing or using the Services you agree to be bound by these Terms.

1. Basic Terms

2. Privacy

3. Passwords

4. Content on the Services

5. Your Rights

6. Your License To Use the Services

7. Marketing Collective Rights

8. Restrictions on Content and Use of the Services

9. Copyright Policy

10. Ending These Terms

11.Disclaimers and Limitations of Liability

A. The Services are Available “AS IS”

B. Links

C. Limitation of Liability

12. General Terms

A. Waiver and Severability

B. Controlling Law and Jurisdiction

C. Entire Agreement

1. Basic Terms

You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. Most content you submit, post, or display through the Marketing Collective Services can be public by default and will be able to be viewed by other users and through third party services and websites.

You should only provide Content that you are comfortable sharing with others under these Terms.

Tip: What you say on the Marketing Collective Services may be viewed all around the world instantly through external services.

You can use the Marketing Collective Services only if you form a binding contract with Marketing Collective and are not a person barred from receiving services under the laws of the United States.

If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you have the authorization for doing so.

You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services that Marketing Collective provides are always evolving and the form and nature of the Services that Marketing Collective provides may change from time to time without prior notice. In addition, Marketing Collective may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

The Services may include advertisements, and email advertisements may be sent to the email inserted and provided which may be targeted to the Content or information on the Services or any other information. The types and extent of advertising by Marketing Collective on the Services are can change. In consideration for Marketing Collective granting you access to and use of the Services, you agree that Marketing Collective and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

2. Privacy

Any information that you or other users provide to Marketing Collective is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States, Ireland, and/or other countries for

storage, processing and use by Marketing Collective. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt out from receiving.

Tip: You can control most communications from the Marketing Collective Services, including notifications about activity related to you, your Messages, Remessages, and network, and updates from Marketing Collective. Please see your settings for email and mobile notifications for more.

3. Passwords

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account.

Marketing Collective cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

4. Content on the Services

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. We cannot and will not monitor or control the content posted via the Services and, we cannot take responsibility for the content. Any use or reliance on any content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not support, endorse, represent or guarantee the completeness, accuracy, truthfulness, or reliability of any content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to content that might be harmful, offensive, inaccurate or otherwise inappropriate, or in some cases, postings that have been deceptive. Under no circumstances will Marketing Collective be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our services, any content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

5. Your Rights

You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non exclusive, royalty free license (with the right to sublicense) to use, copy, adapt, modify, reproduce, process, publish, transmit, display and distribute such Content in any and all media or

distribution methods (now known or later developed).

Tip: This license is you authorizing us to make your Messages on the Marketing Collective Services available to the rest of the world and to let others do the same.

You agree that this license includes the right for Marketing Collective to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Marketing Collective for the broadcast, distribution, syndication, or publication of such Content on other media and services, subject to our terms and conditions for

such Content use.

What’s yours is yours – you own your Content (and your photos are part of that Content). By using the Marketing Collective app, you recognize, acknowledge and agree that the use of the Marketing Collective application allows for the Marketing Collective to place an affiliate link built into the extension that rotates with the affiliate links that you put in and that some sells will be diverted through the affiliate link provided by Marketing Collective. These proceeds are neither removable or refundable as those sales belong to Marketing Collective and Invent2win LLC.

Such additional uses by Marketing Collective, or other companies, organizations or individuals who partner with Marketing Collective, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services. If you disagree with this policy, your only recourse is to cease using the product.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of our Content by third party partners and other users.

You understand that your Content may be broadcast, distributed, syndicated, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Marketing Collective will not be responsible or liable for any use of your Content by Marketing Collective in accordance with these Terms. You represent and warrant that you have all the rights, power and authority

necessary to grant the rights granted herein to any content that you submit. You realize and accept that it is your responsibility to use the Marketing Collective applications and websites wisely and must decide whether to place your direct affiliate link or a website affiliate link into the app and the consequences for doing so. Marketing Collective is provided on an AS-IS basis.

6. Your License To Use the Services

Marketing Collective gives you a personal, royalty free, worldwide, non-exclusive and non-assignable license to use the software that is provided to you by Marketing Collective as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefits associated with the Services as provided by Marketing Collective, in the manner permitted by these Terms.

7. Marketing Collective Rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Marketing Collective and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Marketing Collective name or any of the Marketing Collective trademarks, domain names, logos,

and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Marketing Collective, or the Services is entirely voluntary and we will be free to use such feedback, suggestions, comments or as we see fit and without any obligation to you. Marketing Collective has the right to insert a non-user-inserted affiliate link into the rotation and receive and own the profit gained thereby.

8. Restrictions on Content and Use of the Services

Please review the Marketing Collective Rules (which are part of these Terms) to better understand what is prohibited on the Marketing Collective Services. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof,

(iii) detect, prevent, or otherwise address fraud, security or technical

issues,

(iv) respond to user support requests, or

(v) protect the rights, property or safety of Marketing Collective, its users and the public.

Tip: Marketing Collective does not disclose personally identifying information to third parties except according to our Privacy Policy.

If you use commerce features of the Marketing Collective Services that require credit or debit card information, such as our Buy Now feature, you agree to our Marketing Collective Commerce Terms.

You may not do any of the following while accessing or using the Services: (i) access, tamper with,or use non-public areas of the Services, Marketing Collective’s computer systems, or the technical delivery systems of Marketing Collective’s providers; (ii) probe, scan, or test the vulnerability of any system or network or circumvent or breach any security or authentication measures; (iii) access or search or attempt to

access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Marketing Collective (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Marketing Collective. (NOTE: crawling the Services is permissible if done in accordance with the

provisions of the robots.txt file, however, scraping the Services without the prior consent of Marketing Collective is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source identifying information; or (v) disrupt or interfere with, (or attempt to do so), the access of

any user, host or network, including, without limitation, sending a virus, overloading, mail bombing, flooding, spamming, the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

9. Copyright Policy

Marketing Collective respects the intellectual property rights of others and expects users of the Services to do the same also. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied and constitutes copyright infringement, please provide us with the following information: (i) a physical or

electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) Identification of the copyrighted work claimed to have been infringed; (iii) 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; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have 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 (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you.

10. Ending These Terms

The Terms will continue to apply until terminated by either you or Marketing Collective as follows.

You may end your legal agreement with Marketing Collective for any or no reason by deleting the extension and discontinuing your use of the Services. You do not need to specifically inform Marketing Collective when you stop using the Services. If you stop using the Services without deleting the extension your accounts may be deactivated due to prolonged inactivity under our Inactive Account Policy.

We may suspend or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Marketing Collective Rules, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt

to access your account.

In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12.

Nothing in this section shall affect Marketing Collective’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.

11.Disclaimers and Limitations of Liability

Please take your time to read this section carefully since it limits the liability of Marketing Collective and its subsidiaries, parents, affiliates, related companies, officers, directors, employees, partners, agents, representatives, and licensors (collectively, the “Marketing Collective Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of limitation of liability or implied warranties in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

A. The Marketing Collective Services are Available “AS IS”

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE MARKETING COLLECTIVE ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED,

OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT.

The Marketing Collective Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error free basis.

No advice or information, whether oral or written, obtained from the Marketing Collective Entities or through the Services, will create any warranty or representation not expressly made herein.

B. Links

The Services may contain links to third party websites or resources. You acknowledge and agree that the Marketing Collective Entities are not responsible or liable for: (i) the availability or accuracy of such OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

12. General Terms

A. Waiver and Severability

The failure of Marketing Collective to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be unenforceable or invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

B. Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Texas without regard to or application of its conflict of law provisions or your state or country of residence.

All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Harris County, Texas, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without

reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).

C. Entire Agreement

These Terms, including the Marketing Collective Rules for the Marketing Collective Services, and our Privacy Policy are the entire and exclusive agreement between Marketing Collective and you regarding the Services (excluding any services for which you have a separate agreement with Marketing Collective that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Marketing Collective and you regarding the Services. Other than members of the group of companies of which Marketing Collective, Inc. is the parent, no other person or company will be third party beneficiaries to the Terms.

We may revise these Terms over time, the most current version will always be at

Marketing Collective/tos. If the revision, in our sole discretion, is material we will notify you via an @Marketing Collective update or e mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

Whether you live in the United States or outside the United States, these Terms are an agreement between you and Marketing Collective Invent2win LLC 8880 Bellaire Houston, Texas 77036 U.S.A.

Marketing Collective Privacy Policy

Our Services instantly connect people with great products.

other websites.

Tip: What you say on the Marketing Collective Services may be viewed all around the world instantly.

This Privacy Policy (“Policy”) describes how and when Marketing Collective collects, uses and shares your information when you use our Services. Marketing Collective does not receive your information as it tries to be as light weight as possible while providing great services (the “Marketing Collective Services”), However, when using any of our Services you consent to the transfer, collection, storage, disclosure, and use of your information in an effort to improve the service in this Privacy Policy.

Regardless of which country you live in, you authorize Marketing Collective to use your information in, and as a result to transfer it to and store it in, the United States, and any other country where we operate. Privacy and data protection laws in some of these countries may vary from the laws in the country where you live.

Information Collection and Use

Basic Account Information: When you create or reconfigure an account, you provide some personal information, such as your name, username, password, email address, or phone number. On the Marketing Collective Services, your name and username are listed publicly, including on your profile page and in search results, and you can use either your real name or make a fictitious one up.

Contact Information: You may use your contact information, such as your email address or phone number, to customize your account or enable Services, for example, for login verification,

fraud, or abuse, and to help others find your account, including through third Additional Information: You may provide us with profile information to make public on the Marketing Collective Services, such as a short biography, your location, your website, date of birth, or a picture.

Information Sharing and Disclosure

Tip: We do not disclose your private personal information except in the limited circumstances described here.

User Consent or Direction: We may share or disclose your information at your direction, such as when you authorize a third party web client or application to access your account. Other users may share or disclose information about you, such as when they mention you, share a photo of you, or tag you in a photo. If you’ve shared information, like direct messages or protected Messages, with another user who accesses the Marketing Collective Services through a third party service, keep in mind that the information may be shared with the third party service.

Service Providers: We engage service providers to perform functions and provide services to us in the United States, Ireland, and other countries. We may share your private personal information with such service providers subject to obligations consistent with this Privacy Policy and any other appropriate confidentiality and security measures, and on the condition that the third parties use your private personal data only on our behalf and pursuant to our instructions.

We share your Payment Information with payment services providers to process payments; prevent, detect and investigate fraud or other prohibited activities; facilitate dispute resolution such as chargebacks or refunds; and for other purposes associated with the acceptance of credit or debit cards.

Commerce Transactions: If you make a payment as part of a commerce transaction through our Services, we may provide the seller, commerce provider, marketplace or charity with your name, email address, shipping address, Payment Information and Transaction Data to facilitate payment processing, order fulfilment and dispute resolution (including payment and shipping disputes) and to help prevent, detect and investigate fraud or other prohibited activities. Please refer to these third parties’ privacy policies for information about their privacy practices.

Law and Harm: Notwithstanding anything to the contrary in this Policy, we may preserve or disclose your information if we believe that it is reasonably necessary to comply with a law, regulation, legal process, or governmental request; to protect the safety of any person; to address fraud, security or technical issues; or to protect Marketing Collective’s rights or property. However, nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s, request to disclose your information.

Business Transfers and Affiliates: In the event that Marketing Collective is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. This Privacy Policy will apply to your information as transferred to the new entity. We may also disclose information about you to our corporate affiliates in order to

help provide, understand, and improve our Services and our affiliates’ services, including the delivery of ads.

Non Private or Non Personal Information: We may share or disclose your non private, aggregated or otherwise non personal information, such as your public user profile information, public Messages, the people you follow or that follow you, or the number of users who clicked on a particular link (even if only one did), or reports to advertisers about unique users who saw or clicked on their ads after we have removed any private personal information (such as your name or contact information).

Keep in mind that search engines and other third parties may still retain copies of your public information, like your user profile information and public Messages, even after you have deleted the information from the Marketing Collective Services or deactivated your account. Learn more here.

Our Policy Towards Children

Our Services are not directed to persons under 16. If you become aware that your child has provided us with personal information without your consent, please contact us. We do not knowingly collect personal information from children under 16. If we become aware that a child under 16 has provided us with personal information, we take steps to remove such information

and terminate the child’s account.

Changes to this Policy

We may revise this Privacy Policy at anytime. The most current version of the policy will govern our use of your information. If we make a change to this policy that, in our sole discretion, is material, we will notify you via an email to the email address associated with your account.

By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised version.

The Marketing Collective Rules

We believe in the power to create and share ideas and information without barriers. In order to protect the experience and safety of people who use Marketing Collective, there are some limitations on the type of content and behavior that we allow. All users must adhere to the policies set forth in the Marketing Collective Rules. Failure to do so may cause the temporary locking and/or permanent suspension of account(s).

Please note that we may need to change these rules at times and reserve the right to do so. The most current version will always be available at Marketing Collective.com/rules.

Content Boundaries and Use of Marketing Collective

In order to provide the Marketing Collective service and the ability to communicate and stay connected with others, there are some limitations on the type of content that can be published with Marketing Collective.

● Copyright: We will respond to clear and complete notices of alleged copyright infringement. Our copyright procedures are set forth in the Terms of Service.

● Graphic content: You may not use pornographic or excessively violent media in your profile image, header image, or background image. Marketing Collective may allow some forms of graphic content in Messages marked as sensitive media. When content crosses the line into gratuitous images of death, Marketing Collective may ask that you remove the content out of respect for the deceased.

● Unlawful use: You may not use our service for any unlawful purposes or in furtherance of illegal activities. International users agree to comply with all local laws regarding online conduct and acceptable content.

Any accounts and related accounts engaging in the activities specified below may be temporarily locked and/or subject to permanent suspension.

● Violent threats (direct or indirect): You may not make threats of violence or promote violence, including threatening or promoting terrorism.

● Harassment: You may not incite or engage in the targeted abuse or harassment of others. Some of the factors that we may consider when evaluating abusive behavior include:

Spam

We strive to protect people on Marketing Collective from technical abuse and spam. Any accounts engaging in the activities specified below may be temporarily locked or subject to permanent suspension.

● Invitation spam: You may not use Marketing Collective.co's address book contact import to send repeat, mass invitations.

● Malware/Phishing: You may not publish or link to malicious content intended to damage or disrupt another person’s browser or computer or to compromise a person’s privacy.

● Spam: You may not use the Marketing Collective service for the purpose of spamming anyone. What constitutes “spamming” will evolve as we respond to new tricks and tactics by spammers. Some of the factors that we take into account when determining what conduct is considered to be spamming are:

Marketing Collective reserves the right to immediately terminate your account without further notice in the event that, in its judgment, you violate these Rules or the Terms of Service.