Thank you for using the Howl platform (the “Platform”) and the products, services, and features we make available to you (collectively, the “Services”). The Services allow you to use Howl’s commerce and payments tools to discover and share campaign opportunities, track your sales and earnings to see what your customers buy, and receive payments from your partners.
The Platform is owned and operated by and the Services are provided by Howl Technologies, Inc. d/b/a Howl (“Howl” or “we” or “us”). These terms, together with any documents expressly incorporated by reference herein (collectively, the “Terms of Use”) are entered into by and between Howl and any user of or visitor to the Platform or user of the Services (“you”). These Terms of Use govern your access to and use of the Services, including any content, functionality, and services offered on or through the Services.
Please read the Terms of Use carefully before you start to use the Services. By using any of the Services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://planethowl.com/privacy, and incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use any of the Services.
The Services are offered and available to users who are 18 years of age or older. By using our Services, you represent and warrant that you are of legal age to form a binding contract with Howl. If you are under the age of 18, you must not access or use any of the Services.
You agree to abide by our Community Guidelines located in Exhibit A.
All information we collect through the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
We may revise and update these Terms of Use and the content offered through the Services from time to time in our sole discretion. All changes to the Terms of Use are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following
the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
We reserve the right to withdraw, suspend, restrict or amend the Services, and material we provide through the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period.
You are responsible for: (a) making all arrangements necessary for you to have access to the Services; and (b) ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.
You may be required to create an account with Howl (an “Account”) and a username and password to access the Services or some of the resources offered through the Services (the “Credentials”). You may also be required to provide additional information that will assist us in authenticating your identity when
you log into your Account in the future ("Unique Identifiers"). It is a condition of your use of the Services that all information you provide through the Services, including when registering for an Account, is true, accurate, current, and complete. You agree that all information you provide to register for the Services or otherwise, including, but not limited to, through the use of any Interactive Features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose or are provided with Credentials, Unique Identifiers, or any other piece of information as part of our security procedures, you are solely responsible for the confidentiality thereof and must not disclose such information to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to the Services or portions thereof using your Credentials, or other security information. You agree to notify us immediately of any unauthorized access to or use of your Credentials or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information. Howl reserves the right to delete or change your Account, Credentials or Unique Identifier at any time and for any reason, including if, in our opinion, you have violated any provision of these Terms of Use. Howl will not be liable for any loss or damage caused by any deletion, change, or unauthorized use of your Account.
Once your Account is set up, you can start: (i) using the Services and (ii) recommending products and services sold by brands that use Howl’s Platform (“Brands”). Through the creation tools in the Platform, you can create one or more Howl tagged hyperlinks that facilitate your online recommendation to a Brand and records the impressions, clicks, and/or sales activity between such recommendation and Brand (each a “Howl.me Link”) within the Platform, using the Chrome extension provide to you by Howl (the “Howl Browser Extension”) or by putting the code provided to you by Howl (the “Howl JavaScript Code”) on your website.
If you choose to implement the Howl JavaScript Code on your website for the purpose of automatically creating a Howl.me Link, you consent to any update of your hyperlinks via the Services, unless you indicate explicitly that particular links or categories of links should not be updated, including by using the lock button on the chrome extension.
The use of the Services is prohibited on any websites, newsletters, social media platforms, or other digital content, that you do not own, control or have legal authority to use and display content.
If clicks are driven and/or purchases or sales are made through your Howl.me Links, Howl shall pay you certain earnings (the “Earnings”) based upon Commission Rate (“Commission”), Cost Per Click (“CPC”), or other determinations of earnings.
Commission and CPC will be determined as follows:
Additional earnings may be paid in amounts determined at the discretion of Howl or the Brands using Howl. These may include but not be limited to flat fees or ad-hoc bonus earnings based on performance, referrals, and/or link creation. The amount and terms of these earnings are at the discretion of Howl or the Brands using Howl.
Deductions from Earnings: Howl may make deductions from Earnings at Howl’s discretion, including but not limited to if User violates these Terms of Use, including any of the Community Guidelines or if Earnings are paid to User based on overreported sales or Earnings.
The Earnings due to you for any given month will be paid: (i) using Instant Pay in accordance with the applicable terms herein; or (ii) approximately ninety (90) days after the end of such month, provided, however, that Howl will not be required to pay the Fee until payment has actually been received by Howl from the applicable Brand. You will be subject to a minimum threshold amount of one-hundred and twenty dollars ($120.00) (the “Payment Threshold”) before the Earnings will be paid to you for any particular month. Payment will be made in U.S. dollars. If the Payment Threshold has not been met for any particular month, the amount owed will be paid to you the next following month in which the cumulative amount of the Fee owed meets the Payment Threshold.
All data relevant to the Earnings will be based solely on the Howl Dashboard. Howl’s calculations shall be final and binding on User, provided, however, that the Parties will work together in good faith to the extent Howl’s calculations are materially different from User’s calculations.
Howl will collect all relevant details for tax purposes as necessary and specified by the tax code. Each Party shall be responsible for paying any income taxes due on revenue earned by such Party pursuant to this Agreement.
Subject to your continued compliance with the terms and conditions of these Terms of Use, Howl hereby grants you a non-exclusive, worldwide, royalty-free, fully paid, non-transferable limited right to use: (i) the Platform, and its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof); and (ii) the Services on any websites, newsletters, social media, or other digital properties that you own or have authority from the owner to use and display content (the “User Channels”).
Howl is and will remain the sole and exclusive owner of all right, title, and interest in and to the Platform, the Services, the Marketing Materials (except for User Content and User Contributions), and any other Services, including, without limitation, all source code, object code, operating instructions, and all interfaces developed for or relating to the same, together with all modifications, enhancements, revisions, changes, copies, partial copies, translations, compilations, improvements, and derivative works thereof and thereto made by or on behalf of Howl, and including all Intellectual Property Rights embodied in any of the foregoing.
The Howl name and all related names, logos, product and service names, designs, and slogans are trademarks of the Howl or its affiliates or licensors (the “Howl Marks”). You must not use such marks without the prior written permission of the Howl. All other names, logos, product and service names, designs, and slogans on the Platform or in connection with any of the other Services are the trademarks of their respective owners
Except as otherwise stated herein, no right, title, or interest in or to the Platform, the Services, the Howl Marks, any other Services, or any content on the Platform is transferred to you, and all rights not expressly granted herein are reserved by the Howl.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows: (i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (ii) you may store files that are automatically cached by your Web browser for display enhancement purposes; and (iii) you may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution. If we provide desktop, mobile, or other applications for download, you may download a single
copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
As used herein, “Intellectual Property Rights” means any and all (i) rights associated with works of authorship throughout the universe, including but not limited to copyrights, moral rights, and mask-works; (ii) trademark and trade name rights and similar rights; (iii) trade secret rights; (iv) patents, designs, algorithms and other industrial property rights; (v) all other intellectual and industrial property and proprietary rights (of every kind and nature throughout the universe and however designated), whether arising by operation of law, contract, license or otherwise; and (vi) rights or interest in registrations, applications, renewals, extensions, continuations, divisions or reissues thereof.
By using any of the Services, you expressly agree that Howl may: (i) refer to you and any of the User Channels as a user of the Services; and (ii) use any of your profile images and screen names in materials to advertise, promote, and market the Services and/or Howl or in connection with Brand re-targeting campaigns referencing your product recommendations (the “Marketing Materials”), unless you expressly opt-out in writing. To opt-out, please email Howl at creators@planethowl.com. You acknowledge and agree that you shall have no right to review or approve Marketing Materials before they are used by Howl, and that Howl has no liability to you for any editing or alteration of the Marketing Materials. Howl has no obligation to create or use the Marketing Materials or to exercise any rights given by these Terms of Use.
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You will not permit or assist any third party to, nor will you attempt to: (i) reverse engineer, decompile or otherwise attempt to discover the source code of any aspect of the Services, (ii) intentionally interfere with the operation of the Services; (iii) use the Services (except as permitted herein) in any way other than what has been expressly authorized in these Terms of Use; (iv) share your Credentials, Unique Identifiers or any other Account login information for Services with any third party; (v) use the Services in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (vi) use the Services for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (vii) use the Services to send, knowingly receive, upload, download, use, or re-use any material that does not comply with our Community Guidelines; (viii) use the Services to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (ix) use the Services to impersonate or attempt to impersonate the Howl, a Howl employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); (x) use the Services to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Howl or users of the Services, or expose them to liability.
Additionally, you agree not to: (i) use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of Services, including their ability to engage in real time activities through the Services; (ii) use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services; (iii) use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent; (iv) use any device, software, or routine that interferes with the proper working of the Services; (v) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Platform is stored, or any server, computer, or database connected to the Services; (vi) attack the Services via a denial-of-service attack or a distributed denial-of-service attack; or (vii) otherwise attempt to interfere with the proper working of the Services.
The Platform may contain message boards, personal web pages or profiles, forums, bulletin boards ,and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Platform.
Additionally, you may make available certain editorial materials, articles, images, sounds, videos, posts, and other editorial materials and content on or through the User Channels (the “User Content”). All User Contributions and User Content must comply with our Community Guidelines.
Any User Contribution and User Content you post to the site will be considered non-confidential and non proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that: (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and (ii) all of your User Contributions and User Content do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions and User Content you submit or contribute, and you, not the Howl, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions or User Content posted by you or any other user of the Platform.
If you believe that any third-party User Contributions or User Content violates your copyright, please contact us at creators@planethowl.com. It is the policy of the Howl to terminate the user accounts of repeat infringers.
In order to use Instant Pay, that: (i) you must have a Stripe Connected Account that has been fully set up and that complies with and meets the requirements of the Stripe Policies; and (ii) you must be located in and have a Stripe Connected Account located in the United States, the United Kingdom, Singapore or Canada (the “Eligibility Requirements”).
If you meet the Eligibility Requirements, pay the Transaction Fee, and are permitted by Howl, you may elect to receive your Earnings via Instant Pay, a feature on the Platform offered and operated by Stripe, Inc. (“Stripe”). Using Instant Pay, you may receive your Earnings on an accelerated basis into a bank account that is linked to your Stripe account (the “Stripe Connected Account”). Howl, on behalf of the Brand, will submit payment for Earnings to your Stripe Connected Account, up to the Daily Payout Limit. “Daily Payout Limit” means the limit of funds that Howl may send to you using Instant Pay within 24-hours.
You shall pay a transactional fee (the “Transactional Fee”) for each payment you request through Instant Pay. The Transactional Fee and the Daily Payout Limit will be listed on the Platform, and are subject to change at any time at Howl’s or Stripe’s discretion.
Instant Pay is operated Stripe, a third party, and is governed by a separate terms of use and privacy policy. By accessing and using Instant Pay, you expressly agree: (i) to all of the terms of Stripe’s privacy policy located at https://stripe.com/privacy, Stripe’s Services Agreement located at https://stripe.com/legal, and Stripe’s Connected Account Agreement located at https://stripe.com/connect-account/legal (collectively, the “Stripe Policies”) and (ii) that Howl may collect your data and share such data with Stripe solely for the purpose of enabling and allowing Stripe to provide the Instant Pay services.
Whether you can use Instant Pay through the Platform is at the discretion of Howl. You shall not be entitled to use Instant Pay for fraudulent payments or to receive any Earnings that you believe or have reason to believe were derived from purchases that were made with the intent to return or cancel such purchases. Stripe and Howl reserve the right to restrict, suspend or terminate you from using Instant Pay at any time if: (i) Stripe or Howl determines that your activities violate Howl’s Terms of Use or Privacy Policy, the Stripe Policies, any applicable agreement between Howl and Stripe, and/or any applicable law; (ii) Stripe or Howl reasonably determine that the risk associated with your activities poses unacceptable risk to Stripe or Howl and/or their respective users; or (iii) for any other reason, in Stripe’s or Howl’s discretion.
You acknowledge and agree that Howl has the right to reverse any payment made to your Stripe Connected Account in the event that you violate these Terms of Use, Howl’s Terms of Use or Privacy Policy, the Stripe Policies, and/or any applicable law.
You may not, and may not attempt to send or receive funds to or from a person, entity, or state where such transactions are prohibited by applicable law.
You acknowledge and agree any payment from Howl through Instant Pay is not a loan, but is an accelerated payment of Earnings made on behalf of the relevant Brand(s) you have earned from.
If any purchases or sales made through your Howl.me Links are determined to be fraudulent, in Howl’s reasonable discretion, in addition to other all rights and remedies Howl has under these Terms of Use, you shall be liable for and shall return to Howl all Earnings attributed to such purchases or sales.
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform or user of the Services, or by anyone who may be informed of any of our content.
The Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Howl, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Howl. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
You must not: (i) establish a link from any website that is not owned by you; (ii) cause the Platform or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; or (iii) otherwise take any action with respect to the materials on our Platform that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and
accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites
You agree that you are solely responsible for all matters related to the User Contributions and User Content, and the operation and maintenance of the User Channels (excluding the Platform and/or the Services), including, without limitation creating and posting User Content and embedding Howl.me Links in the User Content.
You represent and warrant that: (ii) you will comply with all applicable laws, rules, governmental regulations, regulatory guidelines, and other requirements applicable to your User Content, User Contributions and the operation and maintenance of the User Channels, including without limitation, all applicable Federal Trade Commission (“FTC”) rules, guides and requirements and all applicable Digital Advertising Alliance (“DAA”) self-regulatory requirements; (iii) you own the User Channels, are legally authorized to act on behalf of the owner of each Permitted Channel, or have express permission to use and contribute you User Content to each Permitted Channel; (iv) you will use commercially reasonable efforts to ensure that the User Channels do not contain any computer instructions, circuitry or other technology whose purpose or effect is to disrupt, damage or interfere with computer or communications facilities or equipment, including without limitation, any code containing viruses, Trojan horses, worms, backdoors, trapdoors, time-out devices or similar destructive or harmful code; (v) you will not take any action or encourage any third party to generate impressions or clicks through deceptive, fraudulent or other unlawful means; (vi) your User Content and User Contributions shall be accurate and appropriate; (vi) your User Content and User Contributions do not infringe upon or misappropriate any third party intellectual property or other rights; (vii) your User Content and User Contributions are not obscene, defamatory, libelous, slanderous, or otherwise illegal; and (viii) if you use Instant Pay, all payments requested by you through Instant Pay are accurate and non-fraudulent, and are not related to purchases or sales that you believe or have reason to believe will be cancelled or returned; and (viii) you will at all times during the term of these Terms of Use, including but not limited to while using the Services, act in a professional manner in accordance with prevailing standards in the industry for services similar to the services to be performed by you for the relevant Brand, and shall not engage in harassing behavior, hate speech or the spread of false information, or act or engage in any practice or conduct that is or shall be an offense involving moral turpitude under federal, state or local laws, or that brings Howl into public disrepute, contempt, scandal, or ridicule, or that insults or offends the community or any substantial organized group thereof.
You will indemnify, defend and hold harmless Howl and its affiliates, and their respective officers, directors, shareholders, employees, contractors, licensors, agents, and successors and assigns from and against any and all liabilities, losses, damages, judgments, awards, costs, fees or expenses (including reasonable attorneys' fees and disbursements) arising out of or relating to: (i) your User Contributions, User Content or any User Channels (except to the extent arising from the Platform or the Services); (ii) your gross negligence or willful misconduct; and/or (iii) your breach, violation or alleged breach or violation of these Terms of Use or your use of the Services.
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR PLATFORM FOR ANY RECONSTRUCTION OF ANY LOST DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO
YOUR USE OF OUR SERVICES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR FROM DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, (A) THE PLATFORM, ITS CONTENT, OUR SERVICES, AND ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM, AND HOWL MARKS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.(B) HOWL DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES: (I) IN CONNECTION WITH THE SERVICES, HOWL MARKS, BRANDS ACCESSIBLE THROUGH THE PLATFORM, USER CHANNELS, USER CONTENT, USER CONTRIBUTIONS, INSTANT PAY, THE OPERATION OF ANY OF THE FOREGOING; (II) THE SERVICES BEING UNINTERRUPTED OR ERROR-FREE, RELIABLE, THAT DEFECTS WILL BE CORRECTED; (III) THAT OUR SERVICES, OR ANY SERVER THAT MAKES THE SERVICES AVAILABLE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THAT OUR SERVICES OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE OUR SERVICES WILL MEET YOUR NEEDS OR EXPECTATIONS, OR OTHERWISE WITH RESPECT TO THESE TERMS OF USE; (V) WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF OUR SERVICES; AND (C) HOWL EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED AND STATUTORY REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ERROR-FREE OR UNINTERRUPTED OPERATION AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. TO THE EXTENT THAT EITHER PARTY MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY SUCH WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE MINIMUM REQUIRED BY APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, (A) IN NO EVENT WILL HOWL, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO USER OR ANY THIRD PARTY (INCLUDING, BUT NOT LIMITED TO, ANY END USER WHO INTERACTS WITH HOWL.ME LINK PLACED ON A PERMITTED CHANNEL) FOR ANY LOST PROFITS OR LOST REVENUE, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SERVICES, ANY WEBSITES LINKED TO OUR SERVICES, ANY CONTENT ON THE PLATFORM, THE USER CHANNELS, USER CONTENT, AND THE USE OF ANY SOFTWARE, EXTENSIONS, CODE, OPERATING INSTRUCTIONS, INTERFACES, OR LINKS PROVIDED IN CONNECTION THEREWITH; AND (B) IN NO EVENT WILL HOWL’S LIABILITY FOR DAMAGES OR ALLEGED DAMAGES UNDER THESE TERMS OF USE OR RELATED TO THE USE OF THE PLATFORM OR THE SERVICES, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EXCEED ALL AMOUNTS PAID AND/OR PAYABLE TO USER BY HOWL FOR USE OF THE PLATFORM OR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING SUCH CLAIM.
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS HOWL AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We cannot review material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
In addition to any rights and remedies Howl is entitled to under these Terms of Use, Howl is entitled to recover any legal fees and other costs Howl incurs to enforce these Terms of Use.
The provider of the Services is based in the State of New York in the United States. We make no claims that the Services or any related content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
No failure or delay by Howl in exercising any right or remedy under these Terms of Use will operate as a waiver of such right or remedy. In the event that any portion of these Terms of Use is held to be invalid or unenforceable, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
All matters related to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be resolved exclusively by state or federal courts located in New York City, New York. You hereby consent to the exclusive jurisdiction of such courts, and waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
These Terms of Use, our Privacy Policy, our Community Guidelines, and the Stripe Policies constitute the sole and entire agreement between you and Howl concerning the Services and supersedes all existing agreements and all other oral, written or other communication between the you and Howl concerning the Services.
This Services are provided by Howl Technologies, Inc. d/b/a Howl located at 335 Madison Ave., FL 4 New York, NY 10017.
All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: creators@planethowl.com.
As a member of the Howl community, we want you to feel supported, safe, and connected to other creators while you grow your business. To achieve that, we are deliberate about how we foster community and create a space where creators like you can thrive.
As part of our commitment to supporting creators that use Howl, we have developed these Community Guidelines (the “Guidelines”) to clarify what is and is not acceptable behavior when using the Services. Growing your business by working with leading global Brands means that you will be held to high standards. Howl is here to help make sure that you are set up for success.
By using the Platform, Howl.me Links or any Services, you expressly agree to our Terms of Use (the “Terms of Use”), our Privacy Policy, and these Guidelines, and to follow these policies when using the Platform and when using Howl.me Links or any Services, whether on Social Media Platforms, User Channels, third-party websites, or elsewhere. Howl reserves the right to decide, in our sole discretion, what behavior violates these Guidelines and what disciplinary action is appropriate, including but not limited to:
You may use Howl.me Links on social media platforms where you create content, such as YouTube and Instagram (each a “Social Media Platform”). By using the Howl.me Links feature on any Social Media Platform, you expressly agree to comply with all terms and conditions applicable to such Social Media Platform, including but not limited to all terms of service and privacy policies.
You shall not engage in any conduct or post any content that discriminates against, defames, or degrades any person or group of people based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, age, occupation, political affiliation, socio-economic status, disability or medical conditions.
You shall not engage in any conduct or post any content that...
You shall not engage in any conduct or post any content that...
You shall not engage in any conduct or post any content that...
You shall not engage in any conduct or post any content that…
You shall only use Howl.me Links to endorse products or Brands you have actually used and actually approve of. You may only make statements that reflect your honest beliefs, opinions, or experiences and are transparent about your connection to Brands.
When posting about a Brand’s products using Howl.me Links, you agree to disclose your material connection to such brand clearly and conspicuously, including by…
Social Media Platforms may have a required tool or feature for paid endorsements. Although these tools or features must be used to comply with the Social Media Platform's rules, they should not be relied on alone to meet FTC disclosure requirements.
Please find examples of acceptable and unacceptable disclosures in Exhibit B.
You shall not maliciously defame products or Brands in your User Content or use the Platform or Services for any malicious activity.
You shall not attempt to increase your Earnings in a dishonest way, including but not limited to:
Disclosures must explicitly disclose seeding you received, discounted price for product you received, and any compensation - including that you may earn a portion of revenue or commission from relevant brands.
Disclosures must not imply for any reason a contractual agreement or collaboration between you and the brand, either through language, the use of hashtags, or the omission of language which thereby makes clear that your recommendation is not sponsored or endorsed by the brand.
Written (in video description)
FTC: All opinions on products are true, honest and 100% my own.
FTC Disclaimer: This video is not sponsored. This post does contain commerce/affiliate links, which means that if you purchase anything through these links, I may make a small commission.
Verbal (at the beginning of a video)
"As a commerce creator, I may earn from the commerce links in the description below. When you purchase through my links, my contribution to your decision gets recognized and rewarded" "Through your loyalty and support of my stream, I may earn commissions from purchases through my Howl commerce links.”
“Like, Subscribe and Support. I may earn commissions from purchases through my Howl commerce links" “100% of these opinions are my own.”
“This video is not sponsored but you can find commerce links to purchase in the description below.” Verbal (at the beginning of every social commerce video if product was seeded or provided at a discount)
“Full transparency: I received free [product/service] from [brand] to try but this review is unsponsored and these opinions are my own.”
“I purchased [product/service] at a discount generously provided by [brand] so that I could try this out for you guys. My review is unsponsored and not in collaboration with [brand].”
Hashtags
#myopinion
If applicable: #notsponsored #affiliate #opinionsaremyown #[brandname]partner Examples of Unacceptable Disclosures Include the Following:
Examples:
“I received free [product/service] from [brand]”
“Thanks [brand] for the free [product/service]”
“I’m a paid brand ambassador for [brand”
“I have partnered with [brand] to promote [product/service]”
“I was paid by [brand] to…”
Hashtags
#sp #collab #ambassador #sponcon