This website is operated by YOYO Holdings Pte. Ltd.. Throughout the site, the terms “we”, “us” and “our” refer to YOYO Holdings Pte. Ltd.. YOYO Holdings Pte. Ltd. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current platform shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
4. YOYO makes no representation that the PopStar Platform is appropriate or available for use in all locations.
5. The PopStar Platform allows Brands to create Influencer Marketing Campaigns, which are then shared with Influencers via the web and mobile applications. Influencers using the Platform can join a Campaign by creating a Post and submitting it to PopStar for approval. Influencers earn compensation when PopStar or the Brand approves a Post and the Post is published to the Influencer's selected social media.
6. Content is provided by the relevant Influencer or Brand/Agencies, as applicable, and will be moderated, approved or endorsed by PopStar.
7. You may not attempt to negotiate terms or payment with the Influencers/Brands outside of the PopStar Platform. Any attempt to bypass the PopStar Platform may result in removal from the Platform at YOYO's sole discretion.
8. You may not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Platform; (b) you may not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Platform; (c) you shall not access the Platform in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.
9. Company reserves the right to change, suspend, or cease the Site with or without notice to you. You approved that YOYO will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.
10. No Support or Maintenance. You agree that YOYO will have no obligation to provide you with any support in connection with the Platform.
12. Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company or Company's suppliers. Note that these Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 11. Company and its suppliers reserve all rights not granted in these Terms.
14. YOYO reserves the right to refuse or cancel registration of an Account for any reason in its sole discretion. Any decision of YOYO is final and no communication will be entered into.
15. All info provided when creating an Account must be current, correct and complete. Incomplete, ineligible or incomprehensible Account registrations will not be valid. You must be logged in to your Account each time you wish to use the PopStar Platform. You may never use another user's Account without their permission.
16. It is your responsibility to maintain the confidentiality of your Account details and for any activity under your Account. You are responsible for accessing and using your Account and for notifying YOYO of unauthorised use or when you desire to cancel your Account. YOYO will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
18. The use of any automated software or any other electronic means allowing a member to create Accounts is prohibited. YOYO reserves the right to suspend or terminate your Account if it believes you are partaking in such activity.
19. In order to join in any Campaigns and fully enjoy the benefits of the PopStar Platform, you are required to meet the following minimum standards:
19a. at least 500 followers on the Influencer's Channels;
19b. Influencer's Social Media Channels must be public (viewable by anyone); and
20. If you do not meet the minimum standard in condition above, you may not be able to join Campaigns or access the full functionality of the Platform.
21. To register an Influencer Account, you must access the Web Application (http://www.pop-star.me) or download the PopStar Application and sign in with your email, Facebook or Instagram account. To submit a Post via the Application, you are required to connect your Instagram account, and/or Facebook.
24. You affirm, in respect to each post uploaded to the Application, submitted to the Brand for approval, or published to a Social Media Channel, that:
24b. the Post does not violate the privacy rights, contract rights or other rights (including Intellectual Property Rights) of any person, corporation or entity;
24c. The Post does not contain any misrepresentation or suggestion that you or any entity has the approval or sponsorship of any other entity which you or it does not have;
24d. any and all opinions and views stated in the Post are genuinely held by you;
24e. and any and all statements in the Post about your use and experience of the Brand or the Brand's products or services are true and accurate and representative of your opinion regardless of whether you are paid for such content or not.
24f. the Post does not contain any representations or material which you know or suspect to be false, misleading or deceptive;
24h. the use of the Post and the exercise of the Intellectual Property Rights in the Post by the Brand and YOYO will not infringe any legal rights, copyright or other Intellectual Property Rights of any person or entity nor give rise to a liability to pay compensation.
27. “User Content” means any and all information and content that a user submits to the Platform. You are exclusively responsible for your User Content. You bear all risks associated with use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability. Company is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.
28. You hereby grant to Company an irreversible, non exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.
29. Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”: You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
30. In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site, whether through password mining or any other means; (vi) harass or interfere with any other user's use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to the Site.
31. We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities.
32. If you provide Company with any feedback or suggestions regarding the Site, you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary.
33. You agree to indemnify and hold Company and its officers, employees, and agents harmless, including costs and attorneys' fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
34. In relation to Campaigns, once a Post has been approved by a PopStar on behalf of the Brand, you are required to publish the Post to your selected Social Media Channel within 48 hours of the Post being approved. After the Post has been approved, you will no longer have the opportunity to edit the Post. You accept and agree that you are solely responsible for the publication of Posts.
36. You accept and agree that the Brand, not YOYO, will be solely liable for Payment of the applicable Post Fee for the approved Post. YOYO merely facilitates such Payment on behalf of the Brand through PopStar. While YOYO may remit payment to the Influencer directly to the account details provided by Influencer, under no circumstances does YOYO accept liability for Payment of the Post Fee. You accept and agree that you will not pursue any actions, legal or otherwise, against YOYO for any non-payment, and that this clause establishes a bar to any such proceedings.
37. As a PopStar Influencer, you agree that you will not:
37a. delay posting the approved Post and you must publish the approved Post no later than 48 hours after receiving notification of the Brand's approval (unless the Brand specifies a different timeline);
37b. for a period of five (5) hours after a Post is published, post, share, re-tweet or re-gram any other posts or content to the relevant Channel where publishing such additional posts or content would reduce the prominence of the Post;
37c. remove the Post from your Channels for a period of 30 days after the Post is published.
37e. Make fun of, disparage, or give any adverse comment of the Brand or its products of services in any way;
37f. create any surrounding posts or other material on a Channel that detracts from, or undermines a Post or the Brand or its products or services; and
37g. accept or agree to any further rights in a Post to a Brand without the written permission of YOYO and appropriate fees being negotiated on a reasonable basis. YOYO will charge a reasonable service fee for negotiating any use extensions between you and a Brand; and
37h. attempt to negotiate with a Brand more than one Post per Post Fee.
40. Brands and Media Agencies may request an invoice for fees and charges expected to be incurred by the Brand or Media Agency (“Invoice”) during the course of a Campaign, prior to the Campaign going live.
41. YOYO reserves the right to refuse any Invoice request in its sole discretion.
42. In the event that a Brand or Media Agency requests an Invoice and YOYO approves the Brand or Media Agency to pay by Invoice, a minimum Invoice amount of $1500 (excluding VAT) will apply, unless otherwise approved in writing by YOYO.
43. If no terms of payment are stated on the Invoice or otherwise agreed with YOYO in writing, the following standard payment terms apply:
43a. 14 days from date of invoice for approved Brands and Agencies
44. Fees and charges paid to YOYO agreeable to an Invoice will be allocated to the Campaign as credit for use in that Campaign (“Credit”).
45. Media Agencies using the PopStar Platform accept and agree PopStar is a cost of good and is non-commissionable. No agency rebates will be given.
46. In relation to Influencer Marketing Campaigns upon an Influencer submitted a Post, you authorize us to moderate, approve, or decline any Post at any time.
47. You must not pay, or attempt to pay, any charges through any fraudulent or unlawful means.
48. In the event that you fail to pay any charges or we are unable to successfully process your payment within the timeframe required, we reserve the right to charge a late payment fee calculated at a rate of ten percent (10%) per annum but no less than $10.00 per month. This amount represents a reasonable estimate of such costs and expenses associated with managing and processing late payments. Without limiting our rights, in the event you fail to pay any charges within the timeframe and in the manner required, we reserve the right to suspend or terminate your access to the PopStar Platform or to suspend or terminate any current Campaigns.
49. Brand accepts and agrees that it may NOT offer a product, service or other non-monetary arrangement to an Influencer as partial or full payment for an Influencer's Post;
51. You accept and agree that you will not negotiate terms or payment to Influencers outside the PopStar Platform. Any attempt to bypass the PopStar Platform may result to the termination of contract in YOYO's sole discretion. Brands and Influencers may not circumvent the Post Fee or attempt to negotiate multiple Posts for Post Fees.
53. You affirm that:
53b. you will not facilitate any misrepresentation or suggestion that the Brand or any entity has the approval or sponsorship of any other entity which the Brand or entity does not have;
53c. any Content you upload to the PopStar Platform does not contain any representations or material which you know or suspect to be false, misleading or deceptive.
55. Brand accepts and agrees that YOYO is not responsible or liable for the content of any Post.
56. Brand accepts and agrees that Influencers are independent third parties and not directly controlled by YOYO. Any Posts will inherently risk negative or unflattering comments about Brand's content, products or services.
57. You acknowledge that YOYO has not made any warranties in respect of the success of any Campaign in respect of your business or commercial performance or otherwise of any Post, Campaign, Channel or other media, marketing communications channel, marketing or advertising campaign, promotion or advertisement.
58. YOYO respects the intellectual property of others and asks that users of our PopStar do the same. In connection with our Platform, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our Platform who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Platform, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to our designated Copyright Agent:
58a. your physical or electronic signature;
58b. identification of the copyrighted work(s) that you claim to have been infringed;
58c. identification of the material on our services that you claim is infringing and that you request us to remove;
58d. sufficient information to permit us to locate such material;
58e. your address, telephone number, and e-mail address;
58f. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
58g. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
58h. Please note that, any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.
59. Third-Party Links & Ads. The Platform may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of YOYO, and YOYO is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices.
60. Other Users. Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
61. You hereby release and forever discharge the Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site.
62. Cookies and Web Beacons. Like any other website, PopStar Micro-influencer Platform uses ‘cookies'. These cookies are used to store information including visitors' preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users' experience by customizing our web page content based on visitors' browser type and/or other information.
64. The site is provided on an “as-is” and ”as available” basis, and company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make not guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.
65. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
66. To the maximum extent permitted by law, in no event shall company or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if company has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
67. To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
68. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
69. Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms.
70. We will ask for Credit Card details when you publish a campaign. Your card will be charged in the currency of your campaign when:
a. You publish a Plus, Premiere, or Platinum campaigns
71. Your card will not be charged when:
a. The campaign is cancelled and no influencers have been invited
b. The campaign is abandoned and no influencers have been invited
c. The campaign is a Pilot campaign
72. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
73. Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word ”including” means ”including without limitation”. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
74. Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
75. Contact Information.
Address: #14-06 International Plaza, 10 Anson Road, Singapore 079903