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Statusphere 

CREATOR TERMS OF SERVICE 

Last Modified: February 3, 2026

These Creator Terms of Service (these “Terms”) describe the terms and conditions by which you may access and/or use the website(s), including www.joinstatus.com, and any successor URL(s), and any and all related platforms, software, documentation, and online, mobile-enabled, and/or digital services (collectively, the “Service”) provided by Statusphere, Inc. (including its successors and assigns, “Statusphere,” “we,” “our,” or “us”). By accessing and/or using the Service, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms, and you acknowledge that you have read and understood our Privacy Notice, as further described in Section 8.1 (Privacy). We reserve the right to modify these Terms, and we will provide notice of material changes as described below. These Terms apply to all visitors and users of the Service, who apply to and are approved to access the Service as Creators pursuant to the process set forth below. These Creator Terms form part of the agreement between you as a Creator (collectively, “Creators,” and, as applicable to you, “you” or “your”). 
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PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 15.2 (THE “ARBITRATION AGREEMENT”) AND A CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 15.3 (THE “CLASS ACTION/JURY TRIAL WAIVER”) THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN THE ARBITRATION AGREEMENT, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (AS DEFINED BELOW), YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING. 
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1. How We Administer the Service
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  • What is the Service? The Service is a marketplace platform that connects Brands (defined below) and Creators like you for the purpose of identifying and carrying out sponsored content campaign opportunities, and to make and receive payments in connection with Creators’ performance of agreed-upon services in connection with such opportunities. Brands enter into separate agreements with us and are not subject to these Terms. The Service is solely for business purposes, and to facilitate product discovery business transactions between Creators and Brands. You understand and agree that the Service is not intended to be used for personal, family or household purposes, and you expressly agree to only use the Service for business purposes.
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  • How does the Service Work? Registered Creators may use the Service to connect with and be invited to marketing campaign opportunities and offer and accept opportunities to which they are invited by a Brand. You are responsible for your performance of services for any Brand for which you accept or opt into a marketing campaign opportunity, and Statusphere does not supervise, direct or control your performance of any contractual obligations you may have to a Brand. In order to perform services for a Brand via the Service, you must enter into a contract with such Brand setting forth certain details of the services to be performed, the compensation to be paid, and other terms and conditions and, unless you and Brand enter into a separate written agreement setting forth such terms, you hereby agree to be bound by the Standard Contract Terms located at www.joinstatus.com/brand-creator-terms-and-conditions, in addition to or instead of other terms and conditions (each a “Service Contract”) which shall govern your performance of services and participation in such marketing campaign for the applicable Brand. You expressly agree that the Service Contract is strictly between you and Brand and governs your performance in connection with the applicable marketing campaign. We are not a party to such Service Contract and do not assume any responsibility for any consequence of using the Service Contract. The Service Contract is not intended to and does not: (i) constitute legal advice from us to you, (ii) create an attorney-client relationship between you and us, or (iii) constitute advertising or a solicitation of any type. You should seek legal advice from a licensed attorney for your particular needs.
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  • Eligibility. This is a contract between you and Statusphere. You must read and agree to these Terms before using the Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a legally binding contract with us, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations (“Applicable Law”). 
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    1. To access or use the Service as a Creator, you must be at least 18 years old and, if the age of majority in your place of residence is higher than 18, you must have reached the age of majority in that jurisdiction. By accessing or using the Service as a Creator, you represent and warrant that: (a) you meet the foregoing age requirement; (b) you have full legal capacity to enter into a binding agreement; and (c) you are not otherwise barred from using the Service under applicable law or any prior suspension or removal by Statusphere. 
    2. In order to become a Creator, you must submit an online application sent by Creator by submitting basic profile information, including their social media handles and other relevant details to Statusphere via the Service (“Application”). Such Application must be approved by Statusphere. Once an Application is approved, you will receive an invitation to set up a Creator Account. In order for an Application to be approved by Statusphere you must:
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      1. be a natural person (not a company acting in lieu of a person), and able to perform the content-creation activities independently, as an independent contractor;
      2. maintain at least one active registered account with a social media, social network or content sharing platform, including but not limited, to Facebook, X, Instagram, TikTok, Snap, YouTube, Pinterest and Vimeo (“Social Media Accounts”) and provide your social media handles in the submitted Application for evaluation against the Company’s requirements and needs. Among other things, the quality of your Creator Content on each Social Media Account, authenticity of engagement, and alignment with brand-safe standards will be evaluated;
      3. generate original Creator Content and avoid any form of artificial or purchased follower or engagement manipulation; and
      4. be located in and/or able to operate in the geographic regions supported by Statusphere, including being able to accept shipments or fulfill digital requirements when required.
  • Creator Accounts
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    1. Your Creator Account. Your account on the Service (your “Creator Account”) gives you access to certain services and functionalities that we may, in our sole discretion, establish and maintain as part of the Service from time to time, including the ability to engage with enterprise customers offering branding opportunities (“Brands” and together with Creators, “Users”). You acknowledge that, notwithstanding anything to the contrary herein, you do not own your Creator Account. We may maintain different types of Creator Accounts for different types of Creators. Subject to your compliance with these Terms and any documentation we may make available to you, you are hereby granted a non-exclusive, limited, non-transferable, and freely revocable license to access and use the Service, to promote an opportunity presented by a Brand, engage with other Users, and generate revenue, strictly as permitted by the features of the Service.
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    2. Connecting Via Third-Party Services. By connecting to the Service via a third-party service, you give us permission to access and use your information from that service, as permitted by that service, and to store your log-in credentials and/or access tokens for that service.
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    3. Account Security. You may never use another Creator’s Creator Account without such Creator’s permission. When creating your Creator Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your Creator Account, you will keep your Creator Account password(s) and/or any other authentication credentials secure, and you will not share your password(s) and/or any other authentication credentials with anyone else. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers, and symbols) to protect your Creator Account. We will not be liable for, and expressly disclaim liability for, any losses caused by any unauthorized use of your Creator Account and/or any changes to your Creator Account. You will notify us immediately of any breach of security or unauthorized use of your Creator Account.
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    4. Account Settings. You may control certain aspects of your Creator Account and any associated Creator profile, and of the way you interact with the Service, by changing the settings in your settings page. By providing us with your email address, you consent to our using that email address to send you Service-related notices, including any notices required by Applicable Law, in lieu of communication by postal mail. We may also use that email address to send you other messages, including, without limitation, marketing and advertising messages, such as messages notifying you of changes to features of the Service and special offers (collectively, “Marketing Emails”). If you do not want to receive Marketing Emails, you may opt out of receiving them or change your preferences by contacting the Service support team at statussquad@joinstatus.com or by clicking on the “unsubscribe” link within a Marketing Email. Opting out will not prevent you from receiving Service-related notices. Creators may also interact with support provided by Statusphere via the Service and/or via SMS text pursuant to Section 10 below.
  • Changes, Suspension, and Termination. You may deactivate your Creator Account at any time. We may, with or without prior notice, change the Service, stop providing the Service or features of the Service to you or to Users generally, or create usage limits for the Service. We may, with or without prior notice, permanently terminate or temporarily suspend your access to your Creator Account and/or the Service without liability, with or without cause, and for any or no reason, including if, in our sole determination, you violate any provision of these Terms. Upon their termination for any reason or no reason, you continue to be bound by these Terms.
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  • Your Interactions with Other Users. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS, INCLUDING SHARING OF INFORMATION, WITH OTHER USERS. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS. WE EXPRESSLY DISCLAIM ALL LIABILITY ARISING FROM YOUR INTERACTIONS WITH OTHER USERS, AND FOR ANY USER’S ACTION OR INACTION, INCLUDING RELATING TO CREATOR CONTENT (AS DEFINED BELOW).

2. Access to the Service; Service Restrictions

  • Access to the Service. Subject to your compliance with these Terms and any documentation we may make available to you, you are hereby granted a non-exclusive, limited, non-transferable, and freely revocable right to access and use the Service, solely for your personal use or internal business purposes, as applicable, strictly as permitted by the features of the Service. We may terminate the license granted in this Section at any time, for any reason or no reason. We reserve all rights not expressly granted herein in and to the Service. 
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  • Restrictions and Acceptable Use. Except to the extent a restriction is prohibited by Applicable Law, you will not do, and will not assist, permit, or enable any third party to do, any of the following:
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    1. disassemble, reverse engineer, decode, or decompile any part of the Service;
    2. use any robot, spider, scraper, off-line reader, data mining tool, data gathering or extraction tool, or any other automated means to access the Service in a manner that sends more request messages to the servers running the Service than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Statusphere grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Service for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of, but not caches or archives of, such materials, and only as specified in the applicable robots.txt file);
    3. use any content available on or via the Service (including any caption information, keywords, or other metadata) for any machine learning and/or artificial intelligence training or development purposes, or for any technologies designed or intended for the identification of natural persons;
    4. buy, sell or transfer API keys without our prior written consent in each case;
    5. copy, rent, lease, sell, loan, transfer, assign, license or purport to sublicense, resell, distribute, modify, alter, or create derivative works of any part of the Service or any of our Statusphere Intellectual Property (as defined below), including, without limitation by any automated or non-automated “scraping”;
    6. use the Service in any manner that impacts (i) the stability of the servers running the Service, (ii) the operation or performance of the Service or any User’s use of the Service, or (iii) the behavior of other applications that use the Service;
    7. take any action that imposes, or may impose (as determined by us, in our sole discretion), an unreasonable or disproportionately large load on our infrastructure;
    8. use the Service in any manner or for any purpose that (i) violates, or promotes the violation of, any Applicable Law, contractual obligation, or right of any person, including, but not limited to, Intellectual Property Rights (as defined below), privacy rights, and/or rights of personality, (ii) is fraudulent, false, deceptive, or defamatory, (iii) promotes hatred, violence, or harm against any individual or group, or (iv) otherwise may be harmful or objectionable (in our sole discretion) to us or to our providers, our suppliers, Users, or any other third party;
    9. use or display the Service in competition with us, to develop competing products or services, for benchmarking or competitive analysis of the Service, or otherwise to our detriment or disadvantage;
    10. access any content available on or via the Service through any technology or means other than those provided by the Service or authorized by us;
    11. bypass the measures we may use to prevent or restrict access to the Service, including, without limitation, features that prevent or restrict use or copying of any content or that enforce limitations on use of the Service or any portion thereof;
    12. attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from, the servers running the Service;
    13. use the Service to transmit spam, chain letters, or other unsolicited email;
    14. use the Service for any commercial solicitation purposes;
    15. transmit invalid data, viruses, worms, or other software agents through the Service;
    16. impersonate another person or entity, misrepresent your affiliation with a person or entity, hide or attempt to hide your identity, or otherwise use the Service for any invasive or fraudulent purpose;
    17. collect or harvest any personal information, including Users’ names, from the Service; or
    18. identify or refer to us or to the Service in a manner that could reasonably imply a relationship that involves endorsement, affiliation, or sponsorship between you (or a third party) and us without our prior express written consent.

4. Creator Grants, Covenants, Representations and Warranties

  • As between us and you, you (or your licensors) will own any and all information, data, and other content, in any form or medium, that is collected, downloaded, or otherwise received, directly or indirectly, from you (or on your behalf) by or through the Service (“Creator Content”). Each Brand’s rights with respect to your Creator Content is set forth in the Service Contract applicable to the marketing campaign to which such Creator Content relates.
  • You understand that certain portions of the Service may allow Brands to view, edit, share, and/or otherwise interact with your Creator Content. By providing or sharing your Creator Content through the Service, you agree to allow others to view, edit, share, and/or interact with your Creator Content in accordance with your settings and these Terms. You agree to mark any sensitive or proprietary content as confidential prior to making such content available to any other User. We have the right (but not the obligation) in our sole discretion to remove any of your Creator Content that is shared via the Service. You grant, and you represent and warrant that you have all rights necessary to grant, to us, under all of your Intellectual Property Rights, an irrevocable, perpetual, transferable, sublicensable (through multiple tiers), fully paid, royalty-free, and worldwide right and license to use, copy, store, modify, distribute, reproduce, publish, list information regarding, make derivative works of, and display your Creator Content: (i) to maintain and provide the Service; (ii) to improve our products and the Service and for our other business purposes, such as data analysis, customer research, developing new products or features, and identifying usage trends; (iii) as may be necessary to allow Brands to exercise their rights under a Service Contract; and (iv) to perform such other actions as described in our Privacy Notice or as authorized by you in connection with your use of the Service. 
  • You affirm, represent, and warrant the following:

    1. Your Creator Content complies in full with these Terms;
    2. you have the written consent of each and every identifiable natural person referred to or mentioned in the Creator Content, if any, to use such person’s name, voice, and likeness in the manner contemplated by the Service and these Terms, and each such person has released you from any liability that may arise in relation to such use;
    3. you either own your Creator Content (and all Intellectual Property Rights in it) or you have obtained, and are solely responsible for obtaining, all consents required by Applicable Law to provide Creator Content relating to third parties;
    4. your Creator Content and our use thereof as contemplated by these Terms and the Service will not violate any Applicable Law or infringe any rights of any third party, including, but not limited to, any Intellectual Property Rights and privacy rights;
    5. your Creator Content does not include any information or material that a governmental body deems to be sensitive or classified information, and your provision of Creator Content in connection with the Service is not violative of any confidentiality rights of any third party;
    6. we may exercise the rights to your Creator Content granted to us under these Terms without liability for payment of any guild or other fees, residuals, payments, or royalties payable under any collective bargaining agreement or otherwise;
    7. You will not upload or make available through the Service, either directly or by other means: any personal information of children under 13 or the applicable age of digital consent;
    8. to the best of your knowledge, all Creator Content and other information that you provide to us is truthful and accurate.
  • Your Creator Content is not confidential, and you authorize the Users that visit to your page to access and view your Creator Content for their own lawful and personal use, and in accordance with any licenses that you grant to the Users under a Service Contract.
  • WE CLAIM NO OWNERSHIP RIGHTS OVER YOUR CREATOR CONTENT. WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CREATOR CONTENT. YOU WILL BE SOLELY RESPONSIBLE FOR YOUR CREATOR CONTENT AND THE CONSEQUENCES OF SUBMITTING, POSTING, DISPLAYING, PROVIDING, SHARING, OR OTHERWISE MAKING IT AVAILABLE ON OR THROUGH THE SERVICE, AND YOU UNDERSTAND AND ACKNOWLEDGE THAT WE ARE ACTING ONLY AS A PASSIVE CONDUIT FOR YOUR ONLINE DISTRIBUTION AND PUBLICATION OF YOUR CREATOR CONTENT. 

4. Intellectual Property

  • Intellectual Property Rights Definition. For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of personality, trademark, trade dress and service mark rights, goodwill, trade secret rights, and any and all other intellectual property rights and proprietary rights as may now exist or hereafter come into existence, and all applications therefor and registrations, renewals, and extensions thereof, under Applicable Law.
  • Statusphere Intellectual Property. You understand and acknowledge that we (or our licensors (including other Users), as applicable) own and will continue to own all rights (including Intellectual Property Rights), title, and interest in and to the Service, all materials and content displayed or otherwise made available on and/or through the Service (including, without limitation, images, text, graphics, illustrations, logos, photographs, audio, videos, music, and Creator Content belonging to other Users; but, excluding your Creator Content), and all software, algorithms, code, technology, and intellectual property underlying and/or included in or with the Service (collectively and individually, “Statusphere Intellectual Property”). Except as may be explicitly provided herein, nothing in these Terms will be deemed to create a license in or under any such Intellectual Property Rights, and you will not access, sell, license, rent, modify, distribute, copy, reproduce, transmit, display, perform, publish, adapt, edit, or create derivative works of any Statusphere Intellectual Property. Use of any Statusphere Intellectual Property for any purpose not expressly permitted by these Terms is strictly prohibited.
  • Usage Data. We may collect, or you may provide to us, diagnostic, technical, usage, and/or related information, including information about your computers, mobile devices, systems, and software (collectively, “Usage Data”). All Usage Data is and will be owned solely and exclusively by us, and, to the extent any ownership rights in or to the Usage Data vest in you, you hereby assign to us all rights (including Intellectual Property Rights), title, and interest in and to same. Accordingly, we may use, maintain, and/or process the Usage Data or any portion thereof for any lawful purpose, including, without limitation: (a) to provide and maintain the Service; (b) to improve our products and services (including the Service), and to develop new products, services, and/or features; (c) to monitor your usage of the Service; (d) for research and analytics, including, without limitation, data analysis, identifying usage trends, and/or customer research; and (e) to share analytics and other derived Usage Data with third parties, solely in de-identified or aggregated form. The Service may contain technological measures designed to prevent unauthorized or illegal use of the Service; you understand and acknowledge that we may use these and other lawful measures to verify your compliance with these Terms and to enforce our rights, including Intellectual Property Rights, in and to the Service.
  • Feedback. To the extent you provide us any suggestions, recommendations, or other feedback relating to the Service or to any other Statusphere products or services (collectively, “Feedback”), you hereby assign to us all rights (including Intellectual Property Rights), title, and interest in and to the Feedback. Accordingly, we are free to use the Feedback and any ideas, know-how, concepts, techniques, and/or other intellectual property contained in the Feedback, without providing any attribution or compensation to you or to any third party, for any purpose whatsoever, although we are not required to use any Feedback. Feedback is deemed our Confidential Information (as defined below). You acknowledge that, by acceptance of your submission of Feedback, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.
  • Statusphere Property. The Service contains data, information, and/or other content, such as reputational or status indicators, in-world currency, and/or fictional property representing virtual achievements (for instance, badges, trophies, and/or powers) (collectively, “Statusphere Property”). Notwithstanding any terminology that may suggest you own or have any claims to any Statusphere Property, we solely and exclusively own all Statusphere Property and we reserve all rights to same, except that we hereby grant you a non-exclusive, limited, non-transferable, and freely revocable license to use certain Statusphere Property as permitted by the Service’s functionalities. Without limiting the generality of the foregoing, (a) Statusphere Property is not redeemable for any sum of money or monetary value from Statusphere at any time, and (b) we have the absolute right to manage, regulate, control, modify, transfer, and/or delete Statusphere Property as we see fit, in our sole discretion, in any general or specific case, and we will have no liability to you based on our exercise of such right. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR BY ANY THIRD PARTY, ANY DATA, CREATOR ACCOUNT HISTORY, AND CREATOR ACCOUNT CONTENT RESIDING ON THE SERVERS RUNNING THE SERVICE MAY BE ALTERED, TRANSFERRED, OR DELETED AT ANY TIME, FOR ANY REASON OR NO REASON, IN OUR SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. WE DO NOT PROVIDE OR GUARANTEE, AND WE EXPRESSLY DISCLAIM, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON THE SERVERS RUNNING THE SERVICE.

5. Confidential Information

The Service may include non-public, proprietary, or confidential information of Statusphere and/or of other Users (“Confidential Information”). Confidential Information includes any information that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure, including non-public business, product, technology, and marketing information. You will: (a) protect and safeguard the confidentiality of all Confidential Information with at least the same degree of care as you would use protect your own highly sensitive confidential information, but in no event with less than a reasonable degree of care; (b) not use any Confidential Information for any purpose other than to exercise your rights, or to perform your obligations, under these Terms; and (c) not disclose any Confidential Information to any person or entity, except your service providers or financial or legal advisors who/that (i) need to know the Confidential Information and (ii) are bound by non-use and non-disclosure restrictions at least as restrictive as those set forth in this Section.
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6. Our Publicity Rights

We may identify you as a Creator in our promotional materials. We will promptly stop doing so upon receipt of your request sent to statussquad@joinstatus.com
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7. Service Process; Fees; Payment

  • General. Creators retained by a Brand to participate in a marketing campaign may be compensated by the Brand in various ways: by monetary payment; through receipt of goods or services; receipt of electronic gift cards; or a combination of all three. Some marketing campaigns will ask Creators to register as affiliate marketers and will provide compensation based on actions taken by end users (such as shares, re-posts, or purchases of goods or services directly connected to a Creator’s Social Media Account posts). All compensation for Creator services provided to Brands is determined by, and is for services rendered to, the applicable Brand. Statusphere’s role in all Brand/Creator transactions is limited to providing the Services, facilitating transactions and settling payments between Brands and Creators as described in these Terms.
  • Earnings. You may receive for each marketing campaign by Brands through Statusphere (“Brand Earnings”). Brand Earnings are determined by the Brand that organized the marketing campaign and will be communicated in the marketing campaign description. When two Users (a Brand and a Creator) enter into an agreement with each other through the Service, we will share information with each User as necessary or requested, such as (i) the first and last name, Social Media Account handles, and contact information, (ii) links to the other User’s profile or other information expressly made available by that User, and (iii) details of the Users and campaign (including campaign requirements). Additionally, from time to time, Statusphere may provide you separate compensation not related to your performance of specific services for a specific Brand (e.g., as an incentive to participate in a certain number of marketing campaigns via the Service) (“Statusphere Earnings” and together with Brand Earnings, “Earnings”).
  • Marketplace Platform. As a marketplace platform, you acknowledge and agree that Creators are not entering into an employment agreement or other employment relationship with Statusphere, and no employment, independent contractor, partnership, joint venture, agency, franchise, or representative relationship between Creators and Statusphere is intended or created by Creator’s use of this Service. You acknowledge and agree, that except as otherwise provided herein, (a) we have no right to direct or control Creators with respect to services provided by Creators, (b) Creators may accept or reject marketing campaigns at their discretion, and (c) Creators may participate in branding and marketing campaigns elsewhere, including through competing platforms.
  • Statusphere Fee. In consideration of the Service, we receive a fee (the “Service Fee”) from Brands in exchange for providing the Service. We do not currently charge Creators any service fee for use of the Service. 
  • Payout. Statusphere will collect the fees from Brands pursuant to its agreements with such Brands (“Fee”). Following (a) Statusphere’s collection of the Fee, (b) Creator’s acceptance and completion of the opportunity presented by a respective Brand, (c) Creator’s provision of its bank account information, and (d) Statusphere’s determination, in its discretion, that Creator is eligible for such payment pursuant to these Terms and as provided in the contract between the Brand and the Creator, Statusphere, via its third-party payment provider, Tipalti, Inc., will remit the Earnings to your bank account or PayPal account (as selected by you). Your Creator Account will be updated within a reasonable time with your Earnings. Your Earnings will become available in the payment account or bank account designated by you in your Creator Account on a monthly basis in the month following the month in which such Earnings are accrued. In order to receive payments from Statusphere you must have valid payment information on file with Statusphere and completed any applicable W-9 or opt-out of W-9 based on third-party service provider’s criteria. Creators submitting IRS Forms W-8 (including W-8BEN or W-8BEN-E) are not eligible to earn or receive compensation on the platform. All Fees and payouts are transacted in USD only, unless you select PayPal and indicate a foreign currency which you will be responsible for any foreign exchange fees. Your bank may charge you a currency conversion or transfer fees to receive the money. Additionally, your e-wallet company may charge you a fee for accessing the money. We do not have control, nor do we assume any liability for, currency exchange rates or charges imposed by your bank or e-wallet company, and we will not be responsible for paying any charges imposed by your bank or your e-wallet company. In order to receive a payout of Earnings that is more than $600 for any payments received with respect to non-marketplace activities you must submit a valid tax form (IRS Form W-9) certifying that the information provided therein is true, correct, and complete and that you are not subject to backup withholding. We reserve the right to adjust this threshold for any reason, including but not limited to adjustments to meet federal and state tax reporting and withholding requirements  and to pause your ability to participate in future marketing campaigns until we have determined you are in compliance with our account and documentation requirements. If required by law, we may be obligated to withhold a percentage of your Earnings as backup withholding and remit such amounts to the appropriate taxing authority. You consent to electronic delivery of applicable tax forms, including a copy of IRS Form 1099-K and IRS Form-NEC, as applicable, and agree to maintain current contact information and account access to receive such tax forms. Our third party provider, Tipalti, Inc. will facilitate the collection of Form W-9 information.
  • Payment Agent. You hereby appoint us as your authorized agent solely for the purposes of receiving, collecting, and transmitting Brand Earnings, either directly or through such subagents that we may appoint from time to time, including, but not limited to, Tipalti, Inc. You agree that our receipt of Brand Earnings on your behalf in connection with your provision of Creator Content to such Brand (a) is deemed to be your receipt of your Brand Earnings from the Brand, and (b) satisfies the Brand’s obligations to you in the amount of the Brand Earnings, even if we fail to remit to you the funds received from the Brand. For an avoidance of doubt, you agree that in the event of wrongful non-delivery of Brand Earnings from Brands that were delivered to and received by us or our subagents, you shall have no recourse for such non-delivery against the Brands and instead will have sole recourse against us, to the extent and as elsewhere set out in these Terms.
  • Withheld and Forfeited Earnings. We may withhold all or any part of the Earnings due to you but not paid out:
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    1. If we think that you have or may have seriously or repeatedly breached any part of the Terms of Service;
    2. If you attempt or threaten to breach any part of these Terms in a way which we think has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User); or
    3. If we suspect that all or any part of your Earnings result from unlawful or fraudulent activity, either by you or by the User who made the payment resulting in the Earnings.

We may withhold such Earnings for as long as is necessary to investigate the actual, threatened or suspected breach by you or the suspected unlawful activity (as applicable). If following our investigation, we conclude that (i) you have seriously or repeatedly breached any part of the Terms of Service; (ii) you have attempted or threatened to breach any part of these Terms in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User), and/or (iii) the Earnings result from unlawful or fraudulent activity, we may notify you that you have forfeited your Earnings.

We may also withhold all or any part of the Earnings due to you but not yet paid out if we receive notice that you have secured, encumbered, pledged, assigned, or otherwise allowed a lien to be placed on Earnings. We undertake no duty to pay Earnings to third-party lienholders and may withhold payment of Earnings until the lien has been removed. We shall not have any responsibility to you if we withhold or forfeit any of your Earnings where we have a right to do so under these Terms. If we are withholding all or any part of the Earnings due to you and we determine that part of the Earnings withheld by us is unrelated to breaches by you of these Terms or suspected unlawful or fraudulent activity, then we may arrange for you to be paid the part of the Earnings which we determine to be unrelated to breaches by you of these Terms or suspected unlawful or fraudulent activity. However, you agree that if we consider that your breach(es) of these Terms has or may cause us loss, we may withhold all Earnings due to you but not yet paid and we may set off such amounts against any losses suffered by us. If once we have finished our investigation we determine that the Earnings are forfeited, we will (unless prohibited by law) use our best efforts to ensure that any Fees paid by a User which resulted in forfeited Earnings are returned to the relevant Users who paid such Fees.
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8. Privacy; Data Security

1. Privacy. We care about your privacy. By using the Service, you acknowledge that we may collect, use, and disclose your personal information and aggregated and/or anonymized data as set forth in our Privacy Notice, and that your personal information may be transferred to, and/or processed in, the United States.
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2. Security. We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or to use your data for improper purposes. 
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9. Text Messaging and Calls

  • General. You may provide us with your telephone number as part of creating your Creator Account or otherwise. By providing a telephone number, you consent to receiving autodialed or prerecorded calls and/or text messages from us, or on our behalf, at such telephone number. We may place such calls or send such texts to (a) help keep your Creator Account secure through the use of multi-factor authentication (“MFA”); (b) help you access your Creator Account if you are experiencing difficulties; and/or (c) as otherwise necessary to service your account or enforce these Terms, our policies, Applicable Law, or any other agreement we may have with you. Part of the MFA identity-verification process may involve Statusphere sending text messages containing security codes to the telephone number you provided, and you agree to receive such texts from or on behalf of Statusphere.
  • Consent to Transactional Communications. You expressly consent and agree to Statusphere contacting you using written, electronic, and/or verbal means, including manual dialing, emails, prerecorded/artificial voice messages, and/or using an automatic telephone dialing system to call or text your mobile/cellular telephone number, as necessary to complete transactions requested by you and to service your account, and as permitted by Applicable Law, in each case even if the phone number is registered on any United States federal and/or state Do-Not-Call/Do-Not-email registry/ies. Message and data rates apply. For purposes of clarity, the text messages described in this paragraph are transactional text messages, not promotional text messages.
  • Consent to Promotional Messages. Additionally, we offer you the chance to enroll to receive recurring SMS/text messages from Statusphere. You may enroll to receive text messages about account-related news and alerts (including cart reminders) and marketing related to Statusphere products and/or services. By enrolling in Statusphere’s SMS/text messaging service, you agree to receive text messages from Statusphere to the mobile phone number provided by you, and you certify that such mobile number is true and accurate and that you are authorized to enroll such mobile number to receive such texts. You acknowledge and agree that the texts may be sent using an automatic telephone dialing system and that message and data rates apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider. Message frequency varies. Consent is not required as a condition of purchase. To the extent permitted by Applicable Law, we are not responsible for any delays upon sending or receiving text messages.
  • Unsubscribing From Promotional Messages. You may opt out from promotional text messages at any time. To unsubscribe from promotional text messages, text “STOP,” “QUIT,” “END,” “CANCEL,” or “UNSUBSCRIBE” to the number from which the text originated from the mobile device receiving the messages, or reply “STOP,” “QUIT,” “END,” “CANCEL,” or “UNSUBSCRIBE” to any promotional text message you receive from Statusphere. You consent that following such a request to unsubscribe, you may receive one (1) final text message from or on behalf of Statusphere confirming your request. For help, text “HELP” to the number from which the text originated or contact us at statussquad@joinstatus.com.

10. Your Use of Third-Party Services

The service may contain links to third-party sites, materials, and/or services (collectively, “Third-Party Services”) that are not owned or controlled by us, and certain functionalities of the service may require your use of third-party services. If you use a third-party service in connection with the service, you are subject to and agree to, and must comply with, the third party’s terms and conditions made available via, or agreed in connection with, its services. We do not endorse or assume any responsibility for any third-party services. If you access a third-party service from the service or share your Creator content OR OUTPUT on or through any third-party service, you do so at your own risk, and you understand that these terms and our privacy notice do not apply to your use of any third-party service. You expressly relieve us from any and all liability arising from your access to and/or use of any third-party service. Additionally, your dealings with, or participation in promotions of, advertisers found on the service, including as relates to payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You understand and acknowledge that we will not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
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11. Release

You hereby release us from all claims, damages (whether direct, indirect, incidental, consequential, or otherwise), obligations, losses, liabilities, costs, debts, and expenses, in each case of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including any other User) in connection with the Service. In addition, you waive any Applicable Law that says, in substance: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE RELEASED PARTY.”
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12. Indemnity

You will defend, indemnify, and hold us and our subsidiaries and affiliates, and our and their respective agents, suppliers, licensors, employees, contractors, officers, directors and the Brands (collectively, including Statusphere, the “Statusphere Indemnitees”) harmless from and against any and all claims, damages (whether direct, indirect, incidental, consequential, or otherwise), obligations, losses, liabilities, costs, debts, and expenses (including, but not limited to, legal fees) arising from: (a) your access to and/or use of the Service; (b) your violation of any term of these Terms, including, without limitation, your breach of any of your representations and warranties set forth in these Terms; (c) your violation of any third-party right, including, without limitation, any privacy right or Intellectual Property Right; (d) your violation of any Applicable Law; (e) Creator Content or any content that is submitted via your Creator Account, including, without limitation, any misleading, false, or inaccurate information; (f) your willful misconduct; or (g) any third party’s access to and/or use of the Service with your username(s), password(s), or other authentication credential(s).
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13. No Warranty; Disclaimers

The service is provided on an “as is” and “as available” basis. Your use of the service is at your own risk. To the maximum extent permitted by applicable law, the service, the Statusphere Intellectual Property, and any other information available on or through the service are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and/or non-infringement. No advice or information, whether oral or written, obtained by you from us or through the service will create any warranty not expressly stated herein. Without limiting the generality of the foregoing, none of the STATUSPHERE indemnitees warrants that any content or any other information contained in, or available via, the service is accurate, comprehensive, reliable, useful, or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted, or secure; that any defects or errors in the service will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is so obtained at your own risk, and you will be solely responsible for any damage to your computer system(s) or mobile device(s) and/or for loss of data that results from same or from your access to and/or use of the service. You may have other statutory rights, but the duration of statutorily required warranties, if any, will be limited to the shortest period permitted by applicable law.
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Further, STATUSPHERE does not warrant, endorse, guarantee, recommend, or assume responsibility for any product or service advertised or offered by any third party through the service or any hyperlinked website or service, and STATUSPHERE will not be a party to, or in any way monitor, any transaction between you and third-party providers of products or services.
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United states federal law and some states, provinces, and other jurisdictions do not allow the exclusion of and/or limitations on certain implied warranties, so the above exclusions and/or limitations may not apply to you. These terms give you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations under these terms will not apply to the extent prohibited by applicable law.
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14. Limitation of Liability

To the maximum extent permitted by applicable law, in no event will any STATUSPHERE indemnitee be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, or data, or other intangible losses, arising out of or relating to the use of, or inability to use, the service or any portion thereof. Under no circumstances will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access to or use of the service or your Creator account or the information contained therein.
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To the maximum extent permitted by applicable law, we assume no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the service; (c) any unauthorized access to or use of the servers running the service and/or any and all personal information stored therein; (d) any interruption or cessation of transmission to or from the service; (e) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the service by any third party; (f) any errors or omissions in any content, or any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (g) your data, any Creator content, or the defamatory, offensive, or illegal conduct of any third party.
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In no event will any STATUSPHERE indemnitee be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to us hereunder or one hundred U.S. Dollars ($100.00), whichever is greater. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage.
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Some jurisdictions do not allow the exclusion of and/or limitations on incidental or consequential damages, so the above exclusions and/or limitations may not apply to you. These terms give you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these terms will not apply to the extent prohibited by applicable law.
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15. Governing Law, Arbitration, and Class Action/Jury Trial Waiver

  • Governing Law. You agree that: (a) the Service will be deemed solely based in the State of Delaware; and (b) the Service will be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Delaware. These Terms will be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law governing these Terms, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (as it may be amended, “FAA”) governs the interpretation and enforcement of the Arbitration Agreement below and preempts all state laws (and laws of other jurisdictions) to the fullest extent permitted by Applicable Law. If the FAA is found to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue will be resolved under and governed by the law of the U.S. state where you live (if applicable) or the jurisdiction mutually agreed upon in writing by you and us. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Delaware for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Confidential Information, or Intellectual Property Rights, as set forth in the Arbitration Agreement below, including any provisional relief required to prevent irreparable harm. You agree that Delaware is the proper and exclusive forum for any appeals of an arbitration award, or for trial court proceedings in the event that the Arbitration Agreement below is found to be unenforceable. These Terms were drafted in the English language and this English language version of the Terms is the original, governing instrument of the understanding between you and us. In the event of any conflict between the English version of these Terms and any translation, the English version will prevail.
  • Arbitration Agreement
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    1. General. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. This Arbitration Agreement applies to and governs any dispute, controversy, or claim between you and us that arises out of or relates to, directly or indirectly: (i) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, and enforceability thereof; (ii) access to or use of the Service, including receipt of any advertising or marketing communications; (iii) any transactions through, by, or using the Service; or (iv) any other aspect of your relationship or transactions with us, directly or indirectly, as a User or consumer (each, a “Claim,” and, collectively, “Claims”). This Arbitration Agreement will apply, without limitation, to all Claims that arose or were asserted before or after your consent to these Terms.
    2. Opting Out of Arbitration Agreement. If you are a new Creator, you can reject and opt out of this Arbitration Agreement within thirty (30) days of accepting these Terms by emailing us at statussquad@joinstatus.com with your full, legal name and stating your intent to opt out of this Arbitration Agreement. Opting out of this Arbitration Agreement does not affect the binding nature of any other part of these Terms, including the provisions regarding controlling law or the courts in which any disputes must be brought.
    3. Dispute-Resolution Process. For any Claim, you will first contact us at statussquad@joinstatus.com and attempt to resolve the Claim with us informally. In the unlikely event that we have not been able to resolve a Claim after sixty (60) days, we each agree to resolve such Claim exclusively through binding arbitration by JAMS before a single arbitrator (the “Arbitrator”), under the Optional Expedited Arbitration Procedures then in effect for JAMS (the “Rules”), except as provided herein. JAMS may be contacted at www.jamsadr.com, where the Rules are available. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement will control. The arbitration will be conducted in the U.S. County where you live (if applicable) or New Castle County, Delaware, unless you and Statusphere agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing and administrative fees and Arbitrator fees in accordance with the Rules, and the award rendered by the Arbitrator will include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the Arbitrator may include your costs of arbitration, your reasonable attorneys’ fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this would not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. You and we agree that the Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any disputes relating to the scope, interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator will also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are, or whether any provision of these Terms is, unconscionable or illusory, and any defense to arbitration, including waiver, delay, laches, unconscionability, and/or estoppel.
    4. Equitable Relief. NOTHING IN THIS ARBITRATION AGREEMENT WILL BE DEEMED AS: PREVENTING US FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS AS NECESSARY TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF OUR DATA SECURITY, CONFIDENTIAL INFORMATION, OR INTELLECTUAL PROPERTY RIGHTS; OR PREVENTING YOU FROM ASSERTING CLAIMS IN A SMALL CLAIMS COURT, PROVIDED THAT YOUR CLAIMS QUALIFY AND SO LONG AS THE MATTER REMAINS IN SUCH COURT AND ADVANCES ON ONLY AN INDIVIDUAL (NON-CLASS, NON-COLLECTIVE, AND NON-REPRESENTATIVE) BASIS.
    5. Severability. If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, will be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, will have no impact on the remaining provisions of this Arbitration Agreement, which will remain in force, or on the parties’ ability to compel arbitration of any remaining Claims on an individual basis pursuant to this Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver below is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement will be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief will be stayed pending the outcome of any individual claims in arbitration.
  • Class Action/Jury Trial Waiver. BY ENTERING INTO THESE TERMS, YOU AND STATUSPHERE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER. THE FOREGOING APPLIES TO ALL USERS (BOTH NATURAL PERSONS AND ENTITIES), REGARDLESS OF WHETHER YOU HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES. THIS CLASS ACTION/JURY TRIAL WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S OR ENTITY’S CLAIMS. YOU AND STATUSPHERE AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS. 

16. U.S. Government Restricted Rights

To the extent the Service is being used by or on behalf of the U.S. Government, the Service will be deemed commercial computer software or commercial computer software documentation (as applicable). Accordingly, if you are an agency of the U.S. Government or any contractor therefor, you receive only those rights with respect to the Service as are granted to all other Users hereunder, in accordance with 48 C.F.R. §227.7202 and 48 C.F.R. §12.212, as applicable.

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17. Export Controls

You understand and acknowledge that the Service may be subject to export control laws and regulations. You will comply with all applicable import and export and re-export control and trade and economic sanctions laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations maintained by the U.S. State Department. You represent and warrant that you are not, and that no person to whom you make the Service available or that is acting on your behalf, is (a) listed on the List of Specially Designated Nationals and Blocked Persons or on any other list of sanctioned, prohibited, or restricted parties administered by OFAC or by any other governmental entity, or (b) located in, a national or resident of, or a segment of the government of, any country or territory for which the United States maintains trade or economic sanctions or embargoes or that has been designated by the U.S. Government as a “terrorist supporting” region.

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18. General Provisions

  1. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior express written consent, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof will be null and void.
  2. Notification Procedures and Changes to these Terms. We may provide notifications, whether such notifications are required by Applicable Law or are for marketing or other business-related purposes, to you via email notice or written or hard copy notice, or through posting of such notice on the Service, as we determine, in our sole discretion. We reserve the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification, as required under Applicable Law or as described in these Terms. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We may, in our sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to these Terms. These Terms apply to and govern your access to and use of the Service effective as of the start of your access to the Service, even if such access began before publication of these Terms. Your continued use of the Service after any change to these Terms constitutes your acceptance of the new Terms of Service. If you do not agree to any part of these Terms or to any future Terms of Service, do not access or use (or continue to access or use) the Service.
  3. Entire Agreement; Severability. These Terms, together with any amendments and any additional agreements you may enter into with us in connection with the Service, will constitute the entire agreement between you and us concerning the Service. Any statements or comments made between you and any of our employees or representatives are expressly excluded from these Terms and will not apply to you or us, or to your access to or use of the Service. Except as otherwise stated in the Arbitration Agreement, if any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.
  4. No Waiver. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or of any other term, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.
  5. California Residents. The provider of the Service is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting it in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
  6. Contact. If you have any questions about these Terms and/or the Service, please contact us at statussquad@joinstatus.com

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