Terms of Service

Fohr Card Inc. Election Campaign Terms of Service Last Updated: October 17, 2018

Welcome to the "Influence the Election" campaign (the "Campaign") offered by Fohr Card Inc. ("Fohr Card," or "we" or "us"). Details about the campaign are located at influencetheelection.org (the "Site"). Please read these Terms of Service (the "Terms") and our Privacy Policy ("Privacy Policy") carefully because they govern your use of our Site and our services, which allow influencers to sign up on our Site and participate in the Campaign by receiving content to post on their Instagram accounts.

1. Agreement to Terms.

By participating in a Campaign, you agree to be bound by these Terms. If you don't agree to be bound by these Terms, you are not permitted to participate in a Campaign.

2. Privacy Policy.

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your participation in a Campaign is subject to our Privacy Policy.

3. Modifications to the Terms.

We may revise these Terms from time to time in our sole discretion. All changes are effective immediately when we post them to the Site. Your continued participation in a Campaign following the posting of revised Terms means that you accept and agree to the revised Terms.

4. Registration.

If you want to participate in a Campaign, you'll have to register through your personal Instagram account and provide us your personal email address. You can do this via the Site, which will guide you through the steps to register.

5. Content.

"Campaign Content" means text, graphics, images, works of authorship of any kind, and information or other materials that we send to you in connection with your participation in a Campaign.

We own all right, title and interest in to the Campaign Content, including all associated intellectual property rights. You acknowledge that the Campaign Content is protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Campaign Content.

Subject to your compliance with these Terms, Fohr Card grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to copy and display the Campaign Content solely on the Instagram social media page via which you registered to participate in a Campaign and solely in connection with such participation and for no other purpose.

You agree not to use the Campaign Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms. You shall also not impersonate or misrepresent your affiliation with any person or entity when using Campaign Content in accordance with these Terms.

6. Termination.

We may terminate your participation in a Campaign at any time and without notice to you. If you no longer want to participate in a Campaign, please let us know by sending us an email at support@fohr.co. Any section of these Terms that should by their nature survive termination of these Terms will survive.

7. Disclaimer of Warranties.

YOU AGREE THAT YOUR PARTICIPATION IN A CAMPAIGN IS AT YOUR SOLE RISK. THE CAMPAIGN CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FOHR CARD EXPRESSLY DISCLAIMS ALL APPLICABLE WARRANTIES. UNDER NO CIRCUMSTANCES, AND UNDER NO CAUSE OF ACTION OR LEGAL THEORY, SHALL FOHR CARD, ITS AFFILIATE BLOGGERS, OR OTHER PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR PARTICIPATION IN A CAMPAIGN.

8. Jurisdiction/Disputes/Choice of Law.

These Terms and all matters arising out of or otherwise relating to these terms and conditions shall be governed by the laws in effect in the State of New York, without regard to its conflict of law provisions. You hereby submit to the personal jurisdiction of the state and federal courts of the State of New York for resolution of all disputes. You hereby agree that exclusive venue for any litigation under this Agreement shall be with any federal, state, or county court located Kings County, New York. Each party shall be liable for their own attorneys' fees, expenses, and costs both at trial and appellate levels.

9. General Terms.

These Terms constitute the entire and exclusive understanding and agreement between Fohr Card and you regarding the Campaign. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction.

Waiver of Rights. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Fohr Card. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

10. Affirmation of Agreement.

You hereby acknowledge and affirm that you have read this entire agreement and that you agree to be bound by all its terms and conditions by clicking where indicated on the Campaign registration page.

11. Contact Information.

If you have any questions about these Terms, please contact us at hello@influencetheelection.org.