Terms & Conditions

These Terms of Service (“Terms”) govern your access to and use of the services and Tomoson.com’s websites (the “Services”), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

Basic Terms

You are responsible for your use of the Services, for any content you post to or as a result of the Services, verifying your website stats, posting content to the same url you apply to a promotion with, complying with FTC regulations on all posts you make, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services 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 Tomoson.com may be viewed all around the world instantly. You are what you say!

You may use the Services only if you can form a binding contract with Tomoson.com and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. 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 Tomoson.com provides are always evolving and the form and nature of the Services that Tomoson.com provides may change from time to time without prior notice to you. In addition, Tomoson.com 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, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Tomoson.com on the Services are subject to change. In consideration for Tomoson.com granting you access to and use of the Services, you agree that Tomoson.com 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.

Tomoson does NOT endorse any of the products listed on Tomoson.com. All products and services are the responsbility of the company listing the product and any Tomoson members using the product or service are doing so at their own risk.

Tip: We're leaving the door open for exploration in this area but we don't have anything to announce.

Privacy

Any information that you provide to Tomoson.com 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 and/or other countries for storage, processing and use by Tomoson.com. 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 Tomoson.com account, which you may not be able to opt-out from receiving.

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

Content on the Services

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such 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 endorse, support, represent or guarantee the completeness, truthfulness, accuracy, 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 offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Tomoson.com 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 any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

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, reproduce, process, adapt, modify, 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 reviews available to the rest of the world and to let others do the same. But what’s yours is yours – you own your content.

You agree that this license includes the right for Tomoson.com to make such Content available to other companies, organizations or individuals who partner with Tomoson.com for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

Such additional uses by Tomoson.com, or other companies, organizations or individuals who partner with Tomoson.com, 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.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Tomoson.com will not be responsible or liable for any use of your Content by Tomoson.com 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.

Tomoson.com Rights

All right, title, and interest in and to the Services (including the Content provided by users) are and will remain the exclusive property of Tomoson.com 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 Tomoson.com name or any of the Tomoson.com trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Tomoson.com, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you. Tomoson reserves the right to remove any promoter, promotion or influencer for any reason.

Promotions / Campaigns

Tomoson reserves the right to remove any promoter or influencer who does not abide by the Tomoson TOS, guidelines, ship dates, or other standards listed on Tomoson.com. As an influencer or promoter you agree to abide by The Federal Trade Commissions 16 CFR, Part 255 Guides Concerning the Use of Endorsements and Testimonials in Advertising. As a registered member you understand listing a product or service on Tomoson can result in negative comments about it on the internet. This is a risk you are taking and Tomoson will not be held responsible if a negative affects to a product or company's brand.

Any social or blog post created and verified using the Tomoson.com service must live on the internet for a minimum of 60 days.

Payment, Refunds, Upgrading, & Downgrading Terms

  1. Up to 10 promotions may be created during the free trial period. Creation of more promotions immediately moves the account to paid monthly subscription status.
  2. A business can only take advantage of the free trial once. Duplicate accounts will be closed without prior notice.
  3. A valid credit card is required for paying accounts.
  4. If you initially sign up for a Business account it is 100% free and doesn't require a credit card. If you do not update a credit card by the end of the free trial your account will be closed at no additional charge. If you enter in your credit card manually, you will be billed monthly automatically. If you cancel prior to the processing of your bill date, you will not be charged for the next month.
  5. The Service is billed in advance monthly or annually and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  6. Escrow payments made to Authors will be held until the tasks are approved, rejected, or 7 days after they are verified (whichever is first). Once payment is released to an Author no refunds are entitled to the Business for any reason.
  7. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes
  8. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
  9. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Tomoson does not accept any liability for such loss.

Cancellation & Termination

  1. Brands are solely responsible for properly canceling their account. An email or phone request to cancel your account is not considered cancellation. Brands can close their account at anytime using the link on the Update Subscriptions page under the Billing & Subscriptions tab. Influencers contact Support to request account closure.
  2. All or part of your Content may be deleted from the Service upon cancellation. Any information deleted can not be recovered once your account is cancelled.
  3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
  4. Tomoson, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Tomoson service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Tomoson reserves the right to refuse service to anyone for any reason at any time.

Modifications To The Service & Prices

  1. Tomoson reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Tomoson Site (www.tomoson.com) or the Service itself.
  3. Tomoson shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Guarantees

Only one of the following guarantees may be applied to an account.

  1. 110% Guarantee: Update your credit card before your free trial is over. If you choose to cancel (listed as closed) your subscription within the first paid subscription period we'll pay you 110% of the subscription cost. All credit cards must be updated before the end of the free trial to be eligible for the guarantee. In order to claim the 110% refund you must contact Tomoson support within 30 days of your free trial end date. You must be billed one time with a valid credit card at one of Tomoson’s full subscription prices. When contacting Tomoson support please list: 110% guarantee, the last 4 of the credit card on file with Tomoson, and the reason for your cancellation. Refunds are sent within 10 business days of approval. Any extensions to the standard free trial will void eligibility for any guarantee or refund.
  2. Send Your Product Guarantee: Send Your Product To Any Influencer Registered On Tomoson.com. If You Don’t Like The Exposure We’ll Pay For The Cost of Your Product + Shipping. This guarantee only applies to the first promotion ran on Tomoson.com. Per FTC guidelines refunds cannot be made for negative reviews. In order to claim your reimbursement as a Tomoson member you must contact support within 40-55 days of shipping your product. If you submit your claim before or after this timeframe it will be assumed you have not given promotion long enough to run its course or the promotion is not being monitored to gauge its exposure. Submit the following information when contacting support: Promotion ID, Influencer name, Influencer url, cost of the product, cost of shipping, url on your website where we can verify the cost of your product. If the product price can’t be verified on the url listed in the Tomoson promotion or no shipping track number is provided the guarantee will not be honored. If it is a digital product all communication must be done and verified in the Tomoson message center for verification of delivery. Tomoson will not honor any communication outside the Tomoson message center.

Restrictions on Content and Use of the 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 and to terminate users or reclaim usernames. 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 Tomoson.com, its users and the public.

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, Tomoson.com’s computer systems, or the technical delivery systems of Tomoson.com’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent 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 Tomoson.com (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Tomoson.com (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 Tomoson.com 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) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing 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. (vi) giveaway cash prizes all promotions must giveaway a physical product and not cash or require a purchase.

Tomoson Content Creation Policy

We invite the most trusted reviewers on Tomoson to post opinions about products on third-party websites. We invite influential reviewers who have a history of posting good-quality, helpful reviews.

Tomoson helps brands send out free or discounted products to our Influencers. Brands cannot influence, modify or edit the reviews, and influencers must give their honest opinion. This policy is made up of a set of rules for both influencers and brands.

For Influencers:

Leave Honest Reviews

Tomoson is designed to generate honest and unbiased product reviews. All opinions must be your own.

No Promotional Content

We do not allow our users to be compensated for honest star reviews as a task. This includes reviews that are part of a paid publicity package.

Influencers Are Not Required to Write a Review

Tomoson is built to connect brands with relevant and influential people as well as micro influencers. When a free or heavily discounted product is sent to a influencer, they are not obliged to review it. However, most decide to write a review at their own discretion.

Never Share Promo Codes

Promo codes received are for limited, one-time use only. Sharing your codes will lead to permanent removal from Tomoson.

Do Not Review an Item Before You Receive It

When you are approved for a promotion/campaign, wait until you have received the product and have spent adequate time with it before posting a review.

Do Not Review Products in Which You Have a Financial Interest

You may not review items that can affect you financially in any way. This means, for example, that you cannot review an immediate family member’s or competitor’s product.

Disclose That You Received the Product for Free or at a Discount

Reviews should include a disclosure stating that you received a free product in exchange for a review. Do not mention Tomoson, but please discuss the product. You must follow the Federal Trade Commission (FTC) 2009 Guidelines on Endorsements and 2013 Guidelines on Disclosures. To comply with the rules, you could say something like this: “I got this product for free/at a discount in exchange for a review, but all opinions are my own.”

For Brands

Give away your product away for free or at a discounted rate

We allow businesses that are working with third party reviewers to give them their product for free or at a highly discounted rate (80% or higher).

We do not permit businesses to reimburse or offer payment to bloggers for third party website reviews. This includes giving the reviewer any compensation of any kind, including payment (whether in the form of money or gift certificates), entry to a contest or sweepstakes, bonus content, discounts on future purchases, extra product, or any other form of gifts.

Feel free to use our escrow system and offer bonus content when working with influencers that are not posting on third party websites

Do Not Misrepresent Your Product or Promotion

All products sent must be exactly the same as stated in your promotion. For example: If you create a promotion on Tomoson to send out a free, full-size laundry detergent, don’t send a small sample of the detergent. Do not detail a three-pack of something, or show pictures of it, if you are only offering a single item. Fake and misleading promotions are strictly forbidden and can lead to suspension of your promotion(s). We ask for honesty from our reviewers, and we expect the same from our brands.

Offer Great Customer Service

Our reviewers make this platform what it is. They are willing to try your products and share their experience with others. We love our reviewers, and we expect our brands to love them too. Please treat reviewers with the best possible service, and let us know if there is anything you need from our customer service team.

Limit Customer Interactions to the Product Sent

We ask that you communicate with reviewers only about the product you have sent them. Please do not market additional products or services to Tomoson reviewers. Do not ask them to perform additional tasks, such as post information on social media. If you want to promote a new product, we ask that you run it through Tomoson.

Shipping

Any product or coupon code must be shipped within 24 hours to be considered shipped.

Copyright Policy

Tomoson.com respects the intellectual property rights of others and expects users of the Services to do the same. 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 in a way that 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 and at our sole discretion. In appropriate circumstances, Tomoson.com will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:

The Services are Available “AS-IS”

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, TOMOSON.COM AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. Tomoson.com will not be responsible or liable for 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. You also agree that Tomoson.com has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Tomoson.com is not responsible for any promotions that are not reviewed or loss from products shipped to influencer who do not verify or write a review. No advice or information, whether oral or written, obtained from Tomoson.com or through the Services, will create any warranty not expressly made herein.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Tomoson.com of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOMOSON.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TOMOSON.COM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Waiver and Severability

The failure of Tomoson.com 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 invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Minnesota 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 Hennepin County, Minnesota, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be 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 Minnesota (excluding choice of law).

Entire Agreement

These Terms, the Tomoson.com Rules and our Privacy Policy are the entire and exclusive agreement between Tomoson.com and you regarding the Services (excluding any services for which you have a separate agreement with Tomoson.com that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Tomoson.com and you regarding the Services.

We may revise these Terms from time to time, the most current version will always be in the footer of tomoson.com. If the revision, in our sole discretion, is material we will notify you via an @Tomoson.com 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.

These Services are operated and provided by Tomoson LLC 7204 W. 27th St. Suite 220 St. Louis Park MN 55426. If you have any questions about these Terms, please contact us.

Effective: June 16, 2014

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