Terms and conditions Unboxeed

Through the Platform, Users will be able to apply for current campaigns, in order to make their audience and followers available to promote the services and products of one or more Client companies in stories and posts.

Customers will agree in advance with the Company the type of advertising campaign, the quantity of views they want to achieve, the methods and timing of promotion which will be promptly communicated to Users by the Company.

The Users involved in the campaign will publish various contents in their Stories, such as photos and videos, promoting them to their followers through a tag on the Customers' profiles, or links to their personal website, according to the methods established and agreed with the Company.

For the evaluation of the campaign and the assignment of credits, the Platform will be able to track views, touches on tags, clicks on swipe-up links to allow Influencers to monitor the progress and performances of their sponsorships.

These Terms must be examined online by the Users before completing the registration procedure and registration, following the completion of the mandatory fields, entails full knowledge and acceptance by the Users.

The Company reserves the right to modify and/or integrate these Terms by publishing them on the Platform. Changes to them will be effective from the moment of their publication

Use of the Platform implies acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and/or any other note, legal notice, information published or referred to therein, he/she may not use the Platform or the related Services.

Before using the Platform, the User is required to carefully read the Conditions and save or print them for future reference.

The Company reserves the right to change at its discretion, at any time even after the User's registration, the graphic interface of the Platform and the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the itself, communicating to the User, where necessary, the relevant instructions.

Your contact details.

A valid email address.

A password that will allow access.

Your Instagram ID or Account name and/or other Social Media accounts.

All Accounts must be registered with a valid personal email address, to which the Influencer has regular access.

Accounts that have been registered with email addresses or identifying and technical data of third parties other than the profile holder or with temporary email addresses may be disabled by the Company without notice.

The Company reserves the right to reject a new registration or cancel an Account at any time, as well as to request Account validation if it believes that an invalid email address or credentials have been used.

The Influencer undertakes not to transfer, even temporarily, to third parties and to keep the access credentials to the Platform with due care, diligence and secrecy under his own responsibility and is aware that all actions carried out through the use of said credentials will be attributed to him and will have binding effect on all Influencers.

The Influencer is required to immediately inform the Company of any unauthorized or improper use of his access credentials or to report any violations by third parties.

The Company declines all responsibility in the event that a third party, to whom the Influencer has communicated the access credentials, uses the Platform without his consent.

The registered Influencer can stop using the Platform at any time and deactivate their Account or request its cancellation through the procedure indicated therein.

In case of violation by the Influencer of the Conditions or applicable legal provisions, the Company reserves the right to suspend or close the Influencer's Account at any time and without notice.

If reports are made within the Platform, the Platform will delete and remove the contents as soon as possible or suspend the Accounts to ensure respect for the rights of the Influencers within the Platform.

Registration on the Platform is possible for all individuals who are at least 16 years old. By registering, the Influencer declares to be at least 16 years old. You will be able to register on the Platform only in the presence of a parent/guardian who must necessarily grant their authorization.

To this end, the minor must enter the data, accept privacy, terms and informed consent and will be able to create his/her Account. The minor influencer is required to provide the data of a parent or guardian. In particular, you must provide: Name, Surname, Fiscal Code and send a document via email.

The Company reserves the right to modify, suspend or terminate your Account or access to the Platform if, in its sole discretion, it determines a violation of these Terms, including the policies and guidelines that are part of the same, and, that the decision is in the best interest of the community or to protect the brand or the Platform.

Should this happen, the reasons for the modification, suspension or closure will be communicated. The Company may also remove the Accounts of members who make false statements for an extended period of time. Additional eligibility requirements for specific sections of the Platform may be established by any member who has the authority to moderate or manage such section.

If the Influencer believes that the modification, suspension or closure occurred in error, he or she should send an email to amministrazione@smiling.video.

The Company uses all possible and available tools to guarantee the safety of minors within the Platform, compatibly with its own means and with the state of the art of the Platform.

The Company will not be responsible for any violation or non-recognizable falsification used by minors within the Company (e.g. falsification of identity documents).

If reports occur within the Platform, it will delete and remove the contents as soon as possible to ensure respect for the rights of the Influencers within it.

Registration on the Platform does not give any right to participate in the influencer marketing campaigns managed by the Company (hereinafter “Campaign” or “Campaigns”); and in fact, it will be the company that at its own discretion will propose to its customers, depending on the type of campaign commissioned, the engagement of influencers registered on the Platform. The Influencers will be automatically selected by the Company based on the type of their Profile and proposed to the customer, who will confirm to the Company whether or not they are interested in engaging them.

The influencer is aware that each Campaign will be governed by specific Terms of the individual campaign and by the specific rules indicated in the Brief. Where the terms of the Brief conflict with these Terms and Conditions, the Briefs will prevail over these Terms.

To apply for a Campaign, the Influencer will receive a notification, also in the form of an email, in which he will be notified that he has been selected and/or that he can apply for a specific Campaign. The influencer must agree to participate in the individual Campaign or possibly refuse. If you accept, the Influencer undertakes to follow all the instructions in the campaign Brief, under penalty of exclusion from the campaign and possible claims for damages.

The influencer who has agreed to participate in a specific Campaign will receive the good or product or voucher for a service covered by the campaign itself and undertakes to carry out the activities requested in the Brief, which by way of example and not limited to, may be the following: - creation of photo and video material with the product received and subsequent publication; insertion of specific #tags or @mentions of the Campaign, sending of the screenshot with the results of the Campaign once the Campaign itself has ended and in general all the other requests that will be present in the Brief of the Campaign itself.

The Campaigns may involve payment to the Influencer. In this case the payment is due only and exclusively if the Influencer carries out all the requests present in the single Brief relating to the Campaign itself - which can be consulted by the Influencer even before accepting the Campaign itself.

The compensation will be paid in the form of Amazon Vouchers or alternatively in another agreed format indicated on the platform or present in the Brief.

Use the Platform in violation of these General Conditions.

Engage in any illegal activity in connection with the use of the Platform.

Upload and/or transmit data or content that you do not have the right to transmit or disseminate pursuant to a provision of law, contract or due to a fiduciary relationship (for example confidential information, confidential information learned by virtue of an employment relationship or protected by a confidentiality agreement).

Upload and/or transmit data or content that involves the violation of patents, trademarks, secrets, copyrights or other industrial and/or intellectual property rights of third parties.

Upload and/or transmit unauthorized or unsolicited advertising, promotional materials, "junk mail", "spam", chain letters, pyramid schemes, or any other form of solicitation.

Upload and/or transmit any material that contains viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any third party's computer software, hardware or telecommunications equipment.

Interrupt the normal performance of services on the Platform or, in any case, act in such a way as to affect the ability of other Influencers to operate on it.

Violate, whether intentionally or unintentionally, any applicable law or regulation.

Provide false information including false names, addresses and contact details, fraudulently use credit/debit card numbers.

Attempt to circumvent the security measures of the Platform or violate the network, for example by accessing data intended for others, logging into a server or an Account which you are not expressly authorized to access or investigating the security of other networks (for example via port scanning).

Conduct any form of network monitoring that intercepts data intended for others.

Fraudulently interacting with or entering into agreements with other registered Influencers (including interacting with or entering into agreements by claiming to do so in the name and on behalf of a third party, lacking the authority to bind such third party, or deceptively presenting oneself as a third party).

Use email header information in an unauthorized manner, or falsify such information.

The images, texts and other multimedia contents (hereinafter “Contents”) within the Platform are constantly updated, but the Company does not guarantee their accuracy, accuracy and completeness. The Company reserves the right to modify the Contents without obligation to notify the Influencers.

All intellectual property rights relating to the Content such as, without limitation, trademarks, logos, trade marks, designs, images, photos, characters, designs, music, video, software, codes and scripts displayed on the Platform are subject to the intellectual property rights and are the exclusive property of the Company.

In this sense, the Influencer recognizes that these rights are and remain the exclusive property of the Company and that the use of the intellectual property described above of the Company is subject to authorization by the Company itself.

The Influencer therefore undertakes to respect these rights and not to compromise in any way their exercise by the legitimate owners. The Company reserves the right to terminate the accounts of Influencers who infringe the Company's proprietary rights.

If, however, additional images, texts or multimedia content are owned and/or uploaded by the Influencers themselves, they may receive modification requests from the Company if these violate the Terms or are not in line with the Company's purpose. If the modification request is not carried out, the Company reserves the right to delete anything that is not in line with the purpose of the Platform.

In this last case, any liability arising from or in connection with anything owned and/or uploaded by the Influencers, the latter will be liable for any damages and, from now on, indemnify the Company from any liability.

If reports occur within the Platform, the Platform will delete and remove the contents as soon as possible to ensure respect for the Company's rights and the integrity and security of the Platform.

The Company is not responsible for the accuracy, accuracy and completeness of audio/video content, trademarks, patents protected by copyright (or for example SIAE) of third parties (by way of example but not limited to: products, services, other activities of Customers who request sponsorship through the Platform).

The Company will adopt all the tools and faculties in its possession to verify its authenticity before agreeing with the Influencers the sponsorship method and the promotion campaign.

Any infringement of intellectual property for which the Company does not have the tools to certify it cannot in any way be attributed to it, but to the Customers who request sponsorship of products/services in violation of the intellectual property rights of third parties.

If reports occur within the Platform, the Platform will delete and remove the contents as soon as possible to ensure respect for the rights of the Influencers on the Platform.

The Company controls the contents of all Influencers. If it becomes aware of inappropriate content, it reserves the right to investigate and take appropriate action, but does not agree to any monitoring obligations or assume responsibility for content published by other members.

The Influencers undertake not to reuse the Content owned by third parties outside of the campaigns selected and previously agreed with the Company.

Any further use not previously agreed with the Company will be prohibited and the Influencers will be directly responsible for the violation.

The Company may in no way be held responsible for unauthorized use by Influencers of third party products and services.

The Influencer declares and guarantees: (i) to be at least 16 or the legal representative of a minor; (ii) that the data provided by the same with the registration form are correct and truthful; (iii) to update the data provided whenever necessary. In the case of services requested for minor children or for individuals incapable of acting, the person making the request declares and guarantees that they legitimately exercise parental responsibility/guardianship/support administration.

Influencers undertake not to use the Platform in an illicit manner.

The Influencers ensure that the information provided when completing the registration form is in its legitimate availability and does not violate any rights of third parties.

The Influencers agree and agree that the Company cannot in any way be held responsible for delays or malfunctions of the Platform due to unforeseeable circumstances, as well as beyond its control or to causes of force majeure including, by way of example but not limited to and also alternative if necessary, natural disasters, adverse weather conditions, sabotage, fires, floods, earthquakes, strikes of a national nature, legal provisions and/or orders of public authorities and judicial proceedings, faulty functioning of the Platform resulting from the interruption or incorrect functioning of platforms owned by third parties and/or web connections, telephone lines, electricity lines and global and/or national networks, such as, by way of example and not exhaustive, failures, overloads, interruptions.

The Company cannot be held responsible towards the Influencers, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its control or that of its suppliers.

Furthermore, the Company will not be responsible for damages, losses and costs suffered by the Influencer following failure to execute the contract for reasons not attributable to him.

The Company assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards and other means of payment.

The Company will not be responsible for:

• any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the Influencer that is not a direct consequence of the violation of the contract by the Company
• incorrect or unsuitable use of the Platform by Influencers or third parties

The Platform is provided on an “as is” and “as available” basis and the Company makes no express or implied warranties in relation thereto, nor does it provide any warranty that the Platform will meet the needs of the Influencers or that it will never be subject to interruptions or will be error-free and will endeavor to prevent the Platform from containing viruses.

La Società si adopererà per assicurare che la Piattaforma sia disponibile ininterrottamente 24 ore al giorno, ma non potrà in alcun modo essere ritenuto responsabile se, per qualsiasi motivo, non fosse accessibile e/o operativo in qualsiasi momento o per qualsiasi periodo.

Access to the Platform may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely outside the control of the Company or for events of force majeure.

Through the Platform, Users will be able to apply for current campaigns, in order to make their audience and followers available to promote the services and products of one or more Client companies in stories and posts.

Customers will agree in advance with the Company the type of advertising campaign, the quantity of views they want to achieve, the methods and timing of promotion which will be promptly communicated to Users by the Company.

The Users involved in the campaign will publish various contents in their Stories, such as photos and videos, promoting them to their followers through a tag on the Customers' profiles, or links to their personal website, according to the methods established and agreed with the Company.

The failure of the Company to exercise one or more rights in these Terms does not imply a waiver or limitation thereof.

If one or more provisions of the Terms are invalid or ineffective, these do not affect the other provisions of the Terms. The same must be understood in the event of a dispute and, in addition, the provision may return to being valid or effective if appropriate limits are imposed during the dispute by the judging body.

Any provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranties, indemnity and limitations of liability.

Influencers may not assign, transfer or delegate the provisions, in whole or in part, of these Terms and their rights and obligations hereunder without the prior consent of the Company.

This reserves the right, without limitation, to assign, transfer or delegate the provisions, in whole or in part, of these Terms and any of its rights and obligations hereunder, in its sole discretion, upon 30 days' notice. The right of termination set out at the top of the Terms remains unaffected.

These Terms are governed by Italian law, with non-exclusive reference to Legislative Decree. n. 21/2014 and by Legislative Decree. n.70/2003 regarding electronic commerce where applicable and, if further applicable, to the Consumer Code, where applicable. For all legal questions that do not explicitly refer to the Consumer Code, please refer to the Italian civil law.

The provision of the service and the use of the Platform are governed exclusively by the regulatory provisions referred to in the previous paragraph even if partially performed abroad and in the presence of other connecting criteria.

In the event of a dispute arising from or in connection with these Terms between the Influencers and the Company, the Company undertakes to resolve it together according to the principles of collaboration and good faith.

If the Company and the Influencer cannot reach an agreement to resolve the emerging dispute, said dispute will be referred to the Court of Milan.