1. Terms and Conditions

 

     a. These Terms will start when you accept them or otherwise start accessing or using Platform, whichever date is earlier. If you are accepting these Terms or accessing or using Platform on behalf of an entity, you represent and warrant that you have the authority to bind such entity to these Terms and you agree on behalf of such entity to be bound by these Terms (and for clarity, all other references to “you” in these Terms refer to such entity).

 

     b. You must also comply with the applicable requirements state by Social Influence Foundation and all applicable laws and regulations, including with respect to your collection, use, or other processing of website Data.

 

     c. If you fail to comply with these Terms or any other applicable terms or policies, we may suspend or terminate your App or account, as described below.

 

2. Intellectual Property Rights

 

     a. Our License to You. Subject to your compliance with these Terms and all other applicable terms and policies, we grant you a limited, non-exclusive, non-indispensable (except to Service Providers as described below), non-transferable, non-assignable license to use, access, duplicate platform format to provide same services based off our processing system, duplicate or share any information to create an online resource directory for financial gain,  and integrate with membership page, but only to the extent permitted in these Terms and all other applicable terms and policies. You will not sell, transfer, or sub-license membership page or its information to anyone. Except as expressly licensed herein, you will not use, access, integrate with, modify, translate, create derivative works of, reverse engineer, or otherwise exploit membership information or any aspect thereof. Social Influence Foundation reserve all rights, title, and interest (including the right to enforce any such rights) not expressly granted in these Terms.

 

b. Your License to Us:

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i. Your Content:1. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to: host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of any information, data, and other content made available by you or on your behalf (including by your Service Providers or through your membership page) in connection with website (collectively, “Your Content”) for any business purpose in connection with operating, providing, or improving Platform or any other Social Influence Foundation program. This license remains in effect even if you stop using membership unless written notice is provided to remove your listing (refer to Declaration Terms, c. Request of membership or online directory removal line item). Without limitation, your license to us includes: the right to incorporate Your Content into other parts of Social Influence Foundation marketing and promotion of online directory and available resources, the right to attribute the source of Your Content using your name, trademarks, or logos; the right to use Your Content for promotional purposes, and the right to analyze Your Content (including to make sure you’re complying with these Terms and all other applicable terms and policies).

 

      1. If you owned Your Content before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in these Terms or any other applicable terms or policies and any access you provide to others by sharing it via Platform within our membership page or online directory.

 

ii. Your Membership Page & Online Directory Listing

 

      1. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to: host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your membership page for any business purpose in connection with operating, providing, or improving website membership page platform. This license remains in effect even if you stop using platform. Without limitation, the foregoing license includes the right to frame or link to your membership page, to place content (including ads) around your membership page, and to analyze your membership page (including to assess your compliance with these Terms and all other applicable terms and policies).

 

      2. As between the parties, in connection with membership page, we won’t be subject to any terms or policies associated with your usage of your membership page provided by you or Your Content (even if we click or tap agreement). Those terms and policies are considered null and void and are rejected and excluded from these Terms.

 

      3. Nothing in these Terms will be interpreted as a representation or agreement that we will not develop or have not developed membership pages, products, features, or services that are similar to your membership page or compete with your business resource.  Similar business are allowed to be listed and market their resource.  Defaming, public humiliation, hate, bullying, or attacking of people's characters or businesses will be prohibited.  Should you have a complaint about a business and their practices please email info@socialinfluencefoundation.org to submit a formal complaint and include information of your complaint in order for us to conduct a formal investigation. No harassment of any form is to be tolerated on our platform, or be taken to other platforms in relations to any business conducted on our platform in order to protect the privacy of all members.

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iii. Your Name, Trademarks, and Logos: You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use your name, trademarks, and logos for distribution, marketing, and promotional purposes, in connection with your use of your membership page, online submission form and, in all formats and media. This license remains in effect for existing materials and instances even if you stop using Platform.

 

3. Privacy Policy

 

     a. You will provide, maintain, and comply with a privacy policy that is available through an active, publicly available, easily accessible (including by our crawlers), and non-geoblocked URL. This URL must also be disclosed in the privacy policy field in the settings of your App Dashboard.

 

     b. Your privacy policy must clearly explain what data you are Processing, how you are Processing it, the purposes for which you are Processing it, and how Users be removed from your resource data base should they no longer accept your services

 

     c. You may only Process website Platform Data as clearly described in your privacy policy and in accordance with all applicable law and regulations, these Terms, and all other applicable terms and policies.

   

     d. Your privacy policy will not supersede, modify, or be inconsistent with these Terms or any other terms or policies applicable to Platform Data.

 

     e. Social Influence Foundation is a 501(c)3 non-profit organization. By completing this form you are giving permission for to be listed on the Social Influence Foundation website as a resource.  This includes your company information to be displayed and listed on our resource directory on www.socialinfluencefoundation.org.

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4. Service Providers

 

i. You will not use a Service Provider in connection with your use of Platform or Processing of Platform Data unless such Service Provider first agrees in writing to do the following:

     1. Use Platform and Process Platform Data solely for you and at your direction in order to provide services you requested in a manner that is consistent with these Terms, all other applicable terms and policies, and your privacy policy, and for no other individual or entity and for no other purpose, including for the Service Provider’s own purposes; and

     2. In the event the Service Provider engages another Service Provider (“Sub-Service Provider”) in order to provide the services requested, ensure the Service Provider requires the Sub-Service Provider in writing to comply with the above requirements.

 

      3. Social Influence Foundation or any of their said programs are responsible for any transactions, debts, credits, balances, refunds, any and all monetary or trade of services member to member that are providing services. Members accepting any services provided from any registered resources on our website platform are at the risk of the member to engage with the member.  All legal actions are the responsibility of the member who engage in services with the provider and is a private civil matter and not to involve Social Influence Foundation in any legal allegations.  We will provide any data needed from our platform that has been documented to support your case.

 

      4. Social Influence Foundation has the legal right to remove any member or online directory resource should the terms and conditions be violated, or ruled that member or online resource is conducting unethical practices on our membership or directory to platform.  This is to extend to any links that are unethical, discriminatory or do not align with the Mission or values of Social Influence Foundation, any of their programs or associated businesses.
 

          ii. You must ensure that any Service Provider and Sub-Service Provider complies with these Terms and all other applicable terms and policies as if they were in your place, and you are responsible for their acts and omissions, including their noncompliance.

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          iii. When you cease using a Service Provider or Sub-Service Provider, you must ensure they immediately cease using Platform and Processing Platform Data and promptly delete all Platform Data in their possession or control.

 

          iv. Upon our request, you must provide a list of your Service Providers and Sub-Service Providers including up-to-date contact information for each, the types and volume of Platform Data shared, and proof of written agreements with your Service Providers to demonstrate compliance with this section.

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          v. We may prohibit your use of any Service Provider or Sub-Service Provider in connection with your use of Platform or Processing of Platform Data if we believe that (1) they have violated these Terms or other applicable terms or policies or (2) they are negatively impacting Platform, other Social Influence Foundation or associated business Platform Data, or people who use Social Influence Foundation, and will provide notice to you if we do. Promptly upon such notice, you must stop using that Service Provider or Sub-Service Provider in connection with your use of Platform or Processing of Platform Data.

 

         vi. We may require that your Service Providers or Sub-Service Providers agree to these Terms or other applicable terms or policies in order to access Social Influence Foundation, Platform, or Platform Data.

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5. Data Security

 

          i. You must always have in effect and maintain administrative, physical, and technical safeguards that do the following:

 

      1.You must protect and not transfer, share, or solicit Social Influence Foundation IDs, access tokens, or membership page secrets, but you may share with a Service Provider who helps you build, run, or operate your membership page.

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6. Incident Reporting

 

           i. If any of the following incidents happen, you must notify us by emailing info@socialinfluencefoundation.org as soon as practicable and provide us with information we request regarding:

 

      1. Any unauthorized (including in violation of these Terms or any other applicable terms or policies) Processing (including, for the avoidance of doubt, access, destruction, loss, alteration, disclosure, distribution or compromise) of Platform Data; or

 

      2. Any incidents that are reasonably likely to compromise the security, confidentiality, or integrity of your IT Systems or your Service Provider’s or Sub-Service Provider’s IT Systems.

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           ii. You must immediately begin remediation of the incident and reasonably cooperate with us, including by informing us in reasonable detail of the impact of the incident upon Platform Data and corrective actions being taken, and keeping us updated about your compliance with any notification or other requirements under applicable laws and regulations.

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7. Compliance Review Rights and Suspension and Termination of these Terms

 

a. Membership Page Review
We review all membership page and online resource directory submissions and may deny or approval , or request to modify your submission or membership page (“Membership Page Review”). Whether or not your membership page (including its access to any Platform Data) is approved (which will be in our sole discretion), you will ensure that your membership page is compliant with these Terms and all other applicable terms and policies, and we may review your membership page and online directory information listed for such compliance from time to time, in our sole discretion. You will cooperate with our reviews and provide any information we request, including access to your membership page or online directory information. We may verify information you provide to us during any such reviews or otherwise in your membership page Dashboard, which you will update to keep it complete and accurate via inbox you on your membership page or email you from the email provided on your account.

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b. Regular Monitoring.

We, or third-party professionals working at our direction (including auditors, attorneys, consultants, and/or computer forensics analysts) (collectively, “Third-Party Auditors”), may conduct regular monitoring of your membership page and its access to Platform and Processing of Platform Data using technical and operational measures.

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c. Certifications.

From time to time, we may request (in writing or through your membership Dashboard, Platform, or any Social Influence Foundation programs or associated businesses) information, certifications, and attestations relating to your use of Platform or Processing of Platform Data, which you will provide to us in the requested time frame and form. This may include certifying: (i) your compliance with these Terms and all other applicable terms and policies, and (ii) the purpose or use for the Platform Data you have requested or have access to, and that each such purpose or use complies with these Terms and all other applicable terms and policies. All such certifications and attestations must be provided by an authorized representative of yours. 

 

      1. Any services or resources offered that legally require licensing must adhere to your state and federal laws for conducting legal business. Offering services for which you are not licensed to offer are prohibited to be listed on our Online Resource Directory or prohibited to solicit, or post services on our private membership page.  At any time Social Influence is made aware of illegal business practices the service provider shall be contacted by our team to provide proof of business, certification, or any other licensing that pertain to the business service you are providing to ensure you are in compliance to be a legal operating business.

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d. Suspension and Termination

 

i. We may take enforcement action against you and your membership if we believe, in our sole discretion, that:

 

      1. You have not timely responded to our requests related to monitoring or auditing;

 

      2. You or your membership has violated or may have violated these Terms or any other applicable terms or policies or is negatively impacting Platform, other Social Influence Foundation and associated businesses, Platform Data, or people who use the Social Influence Foundation membership page or online resource directory.

 

      3. You have created or maintained membership pages(s) to circumvent, or attempt to circumvent, our enforcement actions (an attempt to circumvent could include creating or maintaining membership pages(s) to bypass any restrictions or enforcement we’ve placed on your other membership(s) or account due to a violation of our terms and policies);

 

      4. It is needed to comply with applicable laws or regulations or otherwise required or requested by a court order or governmental authority; or

 

      5. It is needed to protect the Social Influence Foundation and any other associated businesses from legal or regulatory liability.

 

      6. If complaints of services by a provider listed as a business or organization conducting bad business, scamming, misleading, misappropriating funds, or providing bad service is grounds for termination of membership on our platform.  An investigation will occur on any given occasion when warranted and justified to conduct an investigation.  All decisions are final by the team of Social Influence Foundation if approved to remain on the directory or approved to be removed from directory.  You may request an appeal of the decision in writing and must submit to info@socialinfluencefoundation.org.  Members filing a complaint or members being removed cannot proceed with legal action in regards to the decision, and if any and all members who proceed with legal action based on a decision to be removed from our database are responsible to cover Social Influence Foundation and any of their associated businesses legal fees upfront during the legal proceedings.

 

             ii. We may take enforcement action at any time, including while we investigate your membership pages(s), with or without notice to you. Enforcement can be both automated and manual. It can include suspending or permanently removing your membership pages(s) and account, removing your access and your membership page’s access to Platform, requiring that you stop Processing and delete Platform Data, terminating our agreements with you, or any other action that we consider to be appropriate, including terminating other agreements with you or your ability to use or reference Social Influence Foundation or any other associated businesses.

 

             iii. We may suspend or end your membership page(s) access to any Platform APIs, permissions, or features that your membership has not used or accessed within a 28-day period with or without notice to you.

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8. Notice

 

a. After you agree to these Terms, any written notice, request, or communications from us to you may be provided via email or mail (for example, to the email address or mailing address in your membership page account with us) or via notifications within the Social Influence Foundation (for example, in your account with us). You will keep your contact information current, including name, business name, and email.

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b. To give notice to have your Online Resource removed from our data base; refer to Declaration Terms, c. Request of membership or online directory removal line item.

 

c. To be removed from our Social Influence Foundation private membership page. Go to our website  https://www.socialinfluencefoundation.org/ Login in to your account; Click Account; Click Discard.  If the removal of your membership does not work when you submit the request please email info@socialinfluencefoundation.org for assistance.

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9. Indemnification

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a. In addition to and without limiting the scope of the “Indemnification” Section in our Social Influence Foundation Membership Page or National LGBTQ+ Online Resource Directory if anyone brings a claim, cause of action, or dispute against the Social Influence Foundation or any other associated businesses related to your use of Platform, your Processing of Platform Data, Your Content, or your membership, name or logo, products or services, or actions in connection with Platform, you will indemnify and hold the Social Influence Foundation or any other associated businesses harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to any such claim, cause of action, or dispute.