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Lefty - Terms of Use
Lefty - Terms of Use
Thomas Repelski avatar
Written by Thomas Repelski
Updated over a week ago

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE AND ANY RELATED PLATFORMS.

WHAT’S IN THESE TERMS?

These terms tell you the rules for using our website (the “Site”) and the social media influencer platform and database hosted by Lefty (the “Lefty Platform”).

WHO WE ARE

Lefty is made up of different legal entities which trade as “Lefty”, all of which are subsidiary undertakings of The Independents Holding Limited in the UK – CRN: 0186775 (together, the “Lefty Group”). These terms and conditions are issued on behalf of the Lefty Group, so when we mention “Lefty”, “Company”, “we”, “us” or “our” in these terms and conditions, we are referring to the relevant company in the Lefty Group. Lefty is part of the group of agencies comprising The Independents Group (together, “The Independents Group”). Modern Agency SAS (in France – CRN: 810844399) is the controller and responsible for the Site and the Lefty Platform.

BY USING OUR SITE AND THE LEFTY PLATFORM YOU ACCEPT THESE TERMS

By using the Site and the Lefty Platform, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use the Site or the Lefty Platform. We recommend that you print a copy of these terms for future reference.

GENERAL CONDITIONS

You may access the Site, the Lefty Platform and otherwise use our services (the “Services”) only for lawful purposes. All rights, title and interest in and to the Site, the Lefty Platform and the Services and their components will remain with and belong exclusively to Lefty.

Unless otherwise indicated in any lawful and binding agreement entered into with you, you shall not:

  1. Sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Services available to any third party; including without limitation, the development of a competing platform or access point for use or access to our data;

  2. Use the Services, the Site or the Lefty Platform in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Services or their components,

  3. Modify, adapt or hack the Services to, or otherwise attempt to gain unauthorized access to the Services or their related systems or networks; or

  4. Store on any network, hard drive, computer or cloud-storage any data or information obtained from the Services, the Site or the Lefty Platform for any period of more than 14 days.

You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you deliver, provide or otherwise transmit or store in connection with or relating to the Services.

We reserve the right to use your name and/or your business name as a reference for marketing or promotional purposes on the Site and the Lefty Platform and in other communication with existing or potential customers. To decline us this right, you must contact us stating that you do not wish to be used as a reference.

ACCOUNT

You may be required to establish an account on the Lefty Platform (an “Account”) to access the Lefty Application and certain portions of the Lefty Platform.

Each Account and the user identification and password for each Account (the “Account ID”) is personal in nature.

Each Account is for your personal use and each Account ID may be used only by you alone. You may not distribute or transfer your Account or Account ID or provide a third party with the right to access your Account or Account ID.

You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. Lefty reserves the right to access your account in order to respond to your requests for technical support and to investigate suspicious activity.

TERMINATION OF YOUR ACCOUNT

You have the right to terminate your account at any time, within the term of your contract or subscription, by sending a cancellation request to contact@lefty.io.

Lefty reserves the right, in its sole discretion, to early terminate your account if you breach any of these terms or conditions.

Upon termination:

- All rights and subscriptions granted to you under these terms and conditions will terminate;

- You will immediately cease all use of and access to the Lefty Platform; and

- Lefty may delete your Account and any of your Campaigns.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These terms of use refer to the following additional terms, which also apply to your use of the Site and the Lefty Platform:

• Our Privacy Policy and Privacy Notice for Influencers – see below for further details.

• Our Cookie Policy – which sets out information about the cookies on the Site and the Lefty Platform.

WE MAY MAKE CHANGES TO THESE TERMS

We amend these terms from time to time. Every time you wish to use the Site or the Lefty Platform, please check these terms to ensure you understand the terms that apply at that time.

WE MAY SUSPEND OR WITHDRAW OUR SITE OR THE LEFTY PLATFORM

We do not guarantee that the Site, the Lefty Platform, or any content on them, or our Services will always be available or be uninterrupted. We may suspend or withdraw or change or restrict the availability of all or any part of the Site or the Lefty Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access the Site or the Lefty Platform through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

HOW YOU MAY USE MATERIAL ON OUR SITE OR THE LEFTY PLATFORM

We are the owner or the licensee of all intellectual property rights in the Site and the Lefty Platform, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from the Site for your personal use and you may draw the attention of others within your organisation to content posted on the Site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on the Site or the Lefty Platform must always be acknowledged.

You must not use any part of the content on the Site or the Lefty Platform for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of the Site or the Lefty Platform in breach of these terms of use, your right to use the Site and the Lefty Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

DO NOT RELY ON INFORMATION ON THIS SITE OR THE LEFTY PLATFORM

The content on the Site and the Lefty Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site or the Lefty Platform.

Although we make reasonable efforts to update the information on the Site and the Lefty Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on the Site or the Lefty Platform is accurate, complete or up to date.

WE ARE NOT RESPONSIBLE FOR WEBSITES TO WHICH WE LINK

Where the Site or the Lefty Platform contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

PRIVACY PRACTICES OF THIRD PARTIES

Please see our Privacy Policy for details of our collection, processing and use (including disclosure) of your personal data. Our clients and other third parties may have access to your personal data and use it in other ways in accordance with their own privacy practices. We encourage you to familiarize yourself with the privacy statements provided by any platform you use to publish any data.

USER-GENERATED CONTENT IS NOT APPROVED BY US

The Site and the Lefty Platform may include information and materials uploaded by other users of the Site or the Lefty Platform, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on the Site or Lefty Platform do not represent our

views or values.

HOW TO COMPLAIN ABOUT CONTENT UPLOADED BY OTHER USERS

If you wish to complain about content uploaded by other users, please contact us.

HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our Privacy Policy.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that the Site or the Lefty Platform will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access the Site and the Lefty Platform. You should use your own virus protection software.

You must not misuse the Site or the Lefty Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site or the Lefty Platform, the server on which the Site or the Lefty Platform is stored or any server, computer or database connected to the Site or the Lefty Platform. You must not attack the Site or Lefty Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a

criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site and the Lefty Platform will cease immediately.

RULES ABOUT LINKING TO OUR SITE OR THE LEFTY PLATFORM

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to the Site or the Lefty Platform in any website that is not owned by you.

Neither the Site nor the Lefty Platform may be framed on any other site, nor may you create a link to any part of the Site or the Lefty Platform other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on the Site or the Lefty Platform other than that set out above, please contact us.

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

DISCLAIMER OF WARRANTIES

The Site the Lefty Platform and the Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance. HOWEVER, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED

WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT THAT MAY APPLY TO OUR SITE, THE LEFTY PLATFORM OR ANY CONTENT ON THEM. YOU ACKNOWLEDGE THAT LEFTY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM LEFTY OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL LEFTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF SUBMISSIONS, OPPORTUNITIES, REVENUES, PROFITS, SAVINGS, GOODWILL OR REPUTATION, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.

IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, LEFTY’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO CASE DO WE EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY TO DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

INDEMNIFICATION

You shall defend, indemnify, and hold harmless Lefty from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any member of The Independents Group arising from your access to or use

of the Site, the Lefty Platform, any assignments you provide to the Lefty Platform, and any breach by you of these terms and conditions. Lefty will provide you with notice of any such claim or allegation, and Lefty will have the right to participate in the defense of any such claim at its expense.

OUR TRADE MARK IS REGISTERED

LEFTY is a registered trademark of the Lefty Group across many jurisdictions. You are not permitted to use it without our approval.

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