Terms of Use
The Terms of Use of the operating system of Tellscore ("Tellscore Platform") include any documents that constitute the reference ("Terms of Use"). These Terms of Use are legally binding between Tellscore Co., Ltd., a company incorporated under the laws of Thailand ("the Company"), and you, an Influencer (as defined below). The Influencer wishes to provide services, advertising, and publicizing the Marketer's brands, products, and services to be widely known through the Tellscore Platform by these Terms of Use to the Marketer (as defined below). These Terms of Use apply to the Influencer access and use of the Tellscore Platform, the scope of services of the Tellscore Platform includes but is not limited.
- Market, advertising, and publicizing the Influencer to be known to the Marketer.
- Process the Influencer's data to present and select the appropriate work for the Influencer.
- Process the Influencer's data to present to the Marketer for hiring consideration.
- Do an advertising campaign and promotion by the Tellscore Platform to be presented to the Marketer.
- Do other promotions on the Tellscore Platform for the benefit of the Influencer.
- Communicate for hiring between the Influencer and the Marketer.
- Notify any services or news from the Tellscore Platform.
Please read these Terms of Use carefully before you start using Tellscore Platform. Using the Tellscore Platform, the Influencer must accept and agree to be bound and obliged by the Terms of Use and Privacy Policy to collect, use, and disclose personal information. The Influencer will need to register and accept or agree to the applicable Terms of Use as soon as these Terms of Use and Privacy Policy are made visible to the Influencer. In the event that the Influencer does not wish to accept these Terms of Use and Privacy Policy, the Influencer must not log in or use the Tellscore Platform.
By using the Tellscore Platform, the Influencer represents and warrants that the Influencer has the right, power, and ability to be bound by these Terms of Use and has the ability to bind an Agreement with the Company. If the Influencer is ineligible for any of the above, the Influencer must not log in or use the Tellscore Platform.
In the event that the Tellscore Platform is operated by any company having the status of an affiliate of the Company ("Affiliate") provides these Terms of Use, there is a legally binding between that the Affiliate and the Influencer, whereby the Affiliate is a party which is responsible for the operation and serve the Tellscore Platform to meet the requirements of applications, the reference to the "Company" in Terms of Use shall be deemed a reference to both the Company and/or its affiliates, as the case may be.
- "Company" means Tellscore Co., Ltd. established under the laws of Thailand. Its registered office is located at 319 Phayathai Road, Pathum Wan, Pathum Wan, Bangkok 10330, Thailand.
- "Affiliated Company" means a limited company or a public limited company in which the Company holds no less than 25 percent of the registered capital or under the control of the Company whether located in the country or abroad.
- "Tellscore Platform" means a service connects through a computer network (online) that the user can access through www.tellscore.com or does not connect through a computer network (offline), content channels, software, programs, computer code, programs on mobile phone, advertising channels or other service channels. Including any content, tools, or services that offer services through its platform allows the Marketer to find, contact, assign and transact with the Influencer in a package of services to promote the brands, products, or services of the Marketer.
- "Business Partner" means any person who operates a business involving the Tellscore Platform also includes licensee or service providers who operate on behalf or under the permission of the Company.
- "Influencer" means you, any other Influencer, service provider, or related seller, or is suitable for the Marketer's brands and products, and can assist, advise, or build the Marketer's brands or products by sharing the brand's story through the network of influencers or by any means must be a person who has a member account with access to the Tellscore Platform.
- "Influencer's Content" means texts, images, links, videos, threads, web pages or personal accounts, forums, forums, and interactive features that an influencer may post, transmit, publish, display or distribute the content of a service package on or through Tellscore Platform.
- "Influencer Service Fees" means the compensation paid to the Influencer due to a service package assigned by the Marketer.
- "Marketer" means a natural person or entity who is the Marketer, brand owner, or buyer who wishes to search, contact, engage and transact in connection with the Influencer’s service package to promote public relations and expand the marketing base for the Marketer's brands or products, by having a member account that can access the Tellscore Platform.
- "Marketer's content" means to texts, images, connection (link), videos, topics, pages or books, private forum boards, and effects that work with each other (interactive features) that make the Marketer can announce a publishing display or distribute any contents, for entering into transactions that bind the Influencer's service package on or through the Tellscore Platform.
- "Personal Data" means any information which enables the identification of any individual, directly or indirectly, including name, e-mail address, telephone number, payment method, online social networks (social media account), including but not limited to Facebook, Twitter, Instagram as defined in the Personal Data Protection Act B.E. 2562 ("Personal Data Protection Act").
- "Score" means any form used to represent the value of the scoring rate assessed and calculated by the Company to reflect the services and features of the Influencer.
- "Service package" means the scope of works and services of the Influencer.
- "Terms of Use" means these Terms of Use.
- "Privacy Policy" means the policy to collect, use and disclose personal information of Tellscore Platform, which follows the Personal Data Protection Act.
- To start using Tellscore Platform, the Influencer needs to register a member account with Tellscore Platform. In the registration process, the Company requires the Influencer to provide personal information through the Tellscore Platform.
- The Influencer represents and warrants that all information provided in Tellscore Platform is current, accurate, and not misleading by the Influencer, which will announce any changes in any of the Influencer had informed the Company through Tellscore Platform. If the Influencer does not notify of changes in the information, they have previously notified the Company through Tellscore Platform within a reasonable period or the information previously provided is incorrect or not accurate or mislead, the Company may, in its sole discretion, suspend and/or terminate all or part of the services in accordance with these Terms of Use without prior notice.
- The Company may use its discretion to approve or disapprove the requests to use Tellscore Platform with no obligation to disclose the consideration process to the Influencer. The Company shall not be liable for any loss or damage incurred to personal data before the requisition's approval or decline.
- When the registration is completed, and the Company has already approved the Inflenecer to use the Tellscore Platform. It causes binding an agreement to use Tellscore Platform between the Influencer and the Company under these Terms of Use. The Influencer will be able to use the Tellscore Platform immediately.
- The Company will not disclose personal data to third parties except in the cases specified below or disclosed to the Marketer for offering the jobs to the Influencer as part of the Tellscore Platform.
- (1) To government agencies, Affiliates, business partners, suppliers, customers, companies, influencer management companies, Influencer Manager (in case you sign up under the influencer management companies or Influencer Manager), technology companies, telecommunication companies, software development companies, information security companies, communication or PR companies, logistics companies and/or service provider companies to the Tellscore Platform entrusted by the Company entering into a contract to provide and/or receive services from the Company whether located in the country or abroad and such companies agree to abide by these Terms of Use.
- (2) To promote the Influences and/or the Tellscore Platform to third parties interested in the Tellscore Platform.
- (3) To stipulate according to the provisions of the laws.
- (4) When the Company considers it necessary to protect the rights or keep the Influencer's safety or anyone. Also, it is the investigation and/or the prevention of fraud or a breach of security.
- The Influencer acknowledges and agrees that the Company discloses the Marketer's data (in case of Marketer is an individual) to the Influencer for the benefit of using the Tellscore Platform. The Influencer agrees to comply with the Privacy Policy strictly. In the event that the Marketer has exercised its right to request the erasure or suspension of the Marketer's use of personal data against the Company. The Company is obligated to process the requests, and the Influencer agrees to cooperate and respond to such requests.
At its sole discretion, the Company may make corrections or update these Terms of Use from time to time. The modification will be effective immediately when the Company is publishing the modification on the Tellscore Platform. However, any modification with respect to the dispute resolution set forth in the Applicable Law and Jurisdiction shall not apply to disputes that the parties have already given notice on the date or prior to the modification are published on the Tellscore Platform.
If the Influencer remains to use the Tellscore Platform after the publication of modified Terms of Use, these shall be deemed that the Influencer accepts and agrees with such modification. The Influencer must check the website every time the Influencer logs in to the Tellscore Platform to be aware of any modification binding with the Influencer.
The Company reserves the right, in its sole discretion, to terminate or modify the Tellscore Platform, including any services or content which the Company has published on the Tellscore Platform without prior notice. The Company shall not be liable for any failure of the Tellscore Platform to provide the Services, in whole or in part. The Company may suspend users, including registered users who have access to Tellscore Platform, in whole or in part, whenever from time to time.
The Influencer is responsible for the following matters:
- Implement the Influencer’s account can log in to the Tellscore Platform.
- Ensuring that anyone who accesses the Tellscore Platform through the Influencer's internet system or other network connection knows and complies with these Terms of Use.
In order to use the characteristics of the Tellscore Platform, the Influencer must provide details and other information as specified by the Company during the registration. The Company assumes that all information the Influencer provides through the Tellscore Platform is accurate, current, and complete as a critical condition for the Influencer to use the Tellscore Platform. The Influencer agrees that information provided in registration through the Tellscore Platform or by any other means including but not limited to providing information over the connection to the special feature of the Tellscore Platform following the Privacy Policy.
If the Influencer chooses or receives a username and/or password or any part thereof as part of the security process, the Influencer must keep that information confidential and not disclose it to any person or any other organization. Also, the Influencer acknowledges that the account is the Influencer's identity and agrees not to allow other people to log in to the Tellscore Platform or any part of the Tellscore Platform by using a username, password, or information security information of the Influencer. The Influencer agrees to notify the Company immediately when anyone uses their username or password without permission or any other security breach. In addition, the Influencer agrees to leave or sign out of its account whenever the Influencer finishes using the Tellscore Platform. The Influencer will take precautions when logging into their account from a public place or a shared computer so that others cannot see or save passwords or other personal information. The Company will not be liable for any loss or damage resulting from the Influencer's failure to comply with the above requirements.
The Company has the right to suspend the username, password, or other identification by the Influencer's request or by the Company's discretion at any time, for whatever reason or no reason includes in the event that the Company believes that the Influencer has breached any of the provisions of these Terms of Use.
The Company does not claim that the Tellscore Platform or any portion of its content is accessible or suitable outside of Thailand. Accessing the Tellscore Platform may be illegal for some individuals or countries. If the Influencer accesses the Tellscore platform from outside Thailand, the Company shall deem that the Influencer operates by itself and is responsible for compliance with that local law.
- When the registration is complete, and the Company has approved the use of the Tellscore Platform, the Company will notify the Influencer of the scoring results through the Tellscore Platform.
- The Company will grant the Score to the Influencers according to the method determined by the Company. The Company will determine the value and conditions of the Score and will announce it on the Tellscore Platform. In its sole discretion, the Company may change and/or modify the value of the Score or any conditions related to scoring in whole or in part subject to these Terms of Use without prior notice.
- The value of the Score cannot be exchanged or used for any other purpose other than the Tellscore Platform's purpose. The Score cannot be used in conjunction with other devices running on different operating systems.
The Tellscore Platform, Content, special feature and all operating program about the Tellscore Platform (including but not limited to information, software, text messaging, display, images, videos, sound, design, selection, and implementation of the Tellscore Platform) is the ownership of the Company, the licensor or other suppliers of those mentioned above. They will be protected by copyright, trademarks, patents, trade secrets, and other intellectual property or the law on ownership rights.
These Terms of Use allow the Influencer to use the Tellscore Platform for personal use only, and the Influencer shall not reproduce, distribute, modify, copy, create derivative works from, publish, republish, download, store or transmit any material contained on the Tellscore Platform, except in the following cases:
- The Influencer's computer may maintain a temporary copy of the details on temporary memory (RAM) due to the Influencer's login and viewing of those details.
- The Influencers may maintain files automatically cached by the Influencer's web browsing computer program to display their progress.
- The Influencer may print or download one copy in a reasonable number of pages from the Tellscore Platform for personal use only. It must not be reproduced, modified, created, published, or redistributed.
If the Company provides a program for downloading to a computer, mobile phone, or another device, the Influencer may download one copy solely for personal use to its computer or mobile device. The Influencer agrees to be bound by the end-user license agreement to use the program in such a case.
The Influencer must not
- Make any material changes in the copy obtained from this website.
- Use visual illustrations, photographs, videos, audio, or any graphics separately from the text.
- Remove or change any notice for copyright, trademark, or other ownership rights from a copy of material information from this website.
If the Influencer prints out, copies, modifies, downloads, or otherwise uses or provides to any person to access any part of the Tellscore Platform in violation of these Terms of Use, the rights to use the Tellscore Platform of the Influencer will be suspended immediately. The Company may order the Influencer to return or destroy copies of material information that the Influencer made. The right, title, interest in or to the Tellscore Platform or any content on Tellscore Platform will not be transferred to the Influencer. The Company reserves such all rights unless the Company provides express permission under these Terms of Use. Using the Tellscore Platform without express permission shall be deemed a violation of these Terms of Use and may violate copyright, trademark, and other laws.
The Company name, other things about the name, trademark, logo, product and service name, design, and slogan are the Company's trademark, Affiliated or licensor. The Influencer must not use such marks without prior permission in writing from the Company. The name, logo, product and service names, design, and slogan displayed on the Tellscore Platform is the trademark of related owners.
The Influencer may use the Tellscore Platform only for lawful purposes and following these Terms of Use. The Influencer agrees not to use the Tellscore Platform by any means, which is a violation of laws and regulations.
- To send, receive, upload, download, use, or reuse material that does not conform to the standards of content set forth in these Terms of Use.
- To distribute, transmit or arrange for transmission which material information for advertising or promotion of any kind, including "junk mail", "chain letters", or "spam" or other similar solicitations.
- To imitate or try to imitate the Company, employee, other users, or any other person or entity (including but not limited to using an e-mail address or the name that appears on the social media accounts or in connection with anything mentioned above).
- To be bound by any other action forbidden or inhibit the use or taking advantage from the Tellscore Platform of any person or which the Company deems may be harmful to the Company or the users of the Tellscore Platform or incur liability to such persons.
In addition, the Influencer agrees not to
- Use the Tellscore Platform in any way that renders the website unusable, creates an excess burden, causes damage, disgrace the website, or interferes with another person's use of the Tellscore Platform, including interfering with the ability to use the Tellscore Platform of another person.
- Use any robot, spider, or other automated devices, process, or other means of accessing the Tellscore Platform for any purpose, including tracking or copying any material information contained on the Tellscore Platform.
- Bring virus programs, trojan horses, worms, logic bombs, or other disadvantageous or dangerous tools with technology.
- Attempt to login by unauthorized intervention, damage, or disrupt any part of the Tellscore Platform server, which is preserving the Tellscore Platform, server, computer, or database connected to the Tellscore Platform.
- Try to interfere with the regular operation of the Tellscore Platform.
- Disclose to third parties any information of the Marketer, the Company, Affiliate, and Business Partner that the Influencers receive through the Tellscore Platform.
All Content of the Influencer must comply with the standards set forth in these Terms of Use.
Any Influencer’s Content published on the Tellscore Platform will be considered non-confidential, and no person owns such content. The Influencer's Content published on to the Tellscore Platform, the Influencer transfers the right to use, repeat, modify, operate, display, distribute, and disclose material information to the Company, licensee, successor, and other assignees.
The Influencer represents and warrants that
- The Influencer is the content creator and is responsible for the accuracy (both legally and comply with the Terms of Use), completeness, and up-to-date content. After publishing through the Tellscore Platform, the Company owns and/or controls all rights in the Influencer’s Content and is entitled to license the above rights to the respective licensee, successor, and assignee. The Company agrees that the Influencer may modify such content at any time unless otherwise notified by the Company.
- All Influencer’s Content must comply with and will abide by these Terms of Use and related laws.
- The Influencer's Content is accurate, current, and complete, and up-to-date at any time.
The Influencer must notify the Company of any changes to the Influencer’s Content. Suppose the Influencer does not inform the Company of any changes in the Influencer’s Content within a reasonable period or the Influencer's Content is inaccurate or inaccurate. In that case, the Company may suspend and/or terminate the service of the Tellscore Platform, in whole or in part, without prior notice.
The Influencer understands and acknowledges that the Influencer is responsible for the Influencer's Content's regarding legality, credibility, completeness, and suitability.
The Company is not responsible or liable to a third party for the content or the accuracy and completeness of the Influencer's Content that the Influencer or any other user published on the Tellscore Platform.
The Company has the right to
- By its discretion, remove or refuse to publish the Influencer's Content for any reason or without reason.
- By its discretion, to take any action concerning the Influencer's Content if the Company deems necessary or appropriate, including if the Company believes that the Influencer’s Content violates the Terms of Use or the standards of content. Also, infringement of intellectual property, or the rights of any person or organization, appears to be a threat to the security of other users of the Tellscore Platform or the public or may cause liability to the Company.
- Disclose the Influencer's identity or any Influencer's information to the Marketer or third party who claims that the Influencer has published the information infringes any right, intellectual property right, or personal right.
- Take appropriate legal action, including but not limited to enforcing any illegal or unauthorized use of the Tellscore Platform.
- Block, prohibit, withhold, cancel, suspend or take any action whether temporarily or permanently for the Influencer's member account on Tellscore Platform without prior notice, if the Company believes that the Marketer and the Influencer have entered into an obligation to each other and/or communicate with each other directly regarding the Service Package and other objectives related without using the Tellscore Platform. As a result, the Influencer's Content or using the Tellscore Platform violates the Terms of Use, in whole or in part.
In addition, the Company has the right to cooperate with any agencies that enforce the laws or the court's order request or order to disclose the identity or other information of anyone who published the content on or through Tellscore Platform. The Influencer has waived the right and will not cause the Company, Affiliate, licensee, and the service provider damaged by any claims arising from action operated by any as mentioned above during or as a result of the investigation by the Company, agencies, or other parties.
However, the Company does not have an obligation to review the contents before publishing on the Tellscore Platform. The Company cannot guarantee that it will remove undesirable contents immediately. The Company is not liable for any act or omission to forwarding, communications, or contents provided by users or any third party. The Company has no liability or responsibility to any person for action or omission following this clause.
These standards of content apply to the Content of the Influencer, in whole or in part. All of the contents of the Influencer must follow not only the laws and regulations but also must not
- Contain message: slandering, obscene, indecent, harassing, offensive, threatening, violent, hateful, provocative, or otherwise unwelcome.
- Promote explicit sexual content or pornography, violence, or unfair discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.
- Infringe with patents, trademarks, trade secrets, copyrights, or other intellectual property or other rights of any other person.
- Violate with legal rights (including the right to publish and the privacy rights) of anyone or consisting of texts that may cause civil liability or criminal under the laws or regulations or may otherwise conflict with these Terms of Use and the Privacy Policy.
- Defraud with anyone.
- File a claim against the products or services provided by the Marketer
- Promote, encourage, promote or assist illegal activities.
- Cause annoyance, inconvenience, or anxiety or likely to interfere with the mental state causing embarrassment, panic, or annoyance.
- Imitate another person or mislead about the Influencer's identity or affiliation with an individual or other organizations.
- Make-believe that the contents were sent from or endorsed by the Company or other person or organization, which is invalid.
- The Company is not responsible for correcting or preventing any violations committed by the Influencer or others under the Terms of use regardless of the obligations and responsibilities towards the Influencer, Influencer’s contents, and others mentioned previously.
- The Company may take necessary and appropriate measures if the Company becomes aware that the Influencer is using the Tellscore Platform in a manner that violates the Terms of Use.
- In the event that the Company loses, damage, or is charged for expenses directly or indirectly due to the Influencer's violation of relevant laws or Terms of use while using the Tellscore Platform. The Influencer shall indemnify the Company immediately upon receipt of any claim from the Company.
- In the event that the Influencer fails to perform following the Service Package as agreed with the Marketer, the Influencer will be directly liable for any loss to Marketer, including not limited to return the products that the Influencer receives from the Marketer under the Service Package. If the Influencer does not return the products to the Marketer, the Company may charge a fine equal to the value of the products and also terminate, suspend or take any action with the account of Influencer in the Tellscore Platform, temporarily or permanently, without prior notice.
The information displayed on or through the Tellscore Platform is intended for general information only. The Company does not guarantee the accuracy, completeness, or usefulness of such information. The Influencer must take their own risk for any reliance on such information. The Company disclaims all liability arising out of the dependence of the Influencer, visitors on the Tellscore Platform, or any person who may receive such information.
The Tellscore Platform contains contents provided by third parties, including information provided by the Marketer, users, bloggers, and outsiders who are the licensee, member of association, aggregator, and/or reporting service provider. All statements and/or opinions expressed in information, articles, quizzes, and other contents other than the content provided by that Company are the opinion and responsibility of the individual or organizations that provide such information. Such information may not reflect the Company's opinions, so that the Company is not responsible or liable to the Influencer or any third party for such content or the accuracy and completeness of the information provided by those third parties.
All information on the Tellscore Platform is subject to the Privacy Policy unless the Company is obliged to follow the law specifically. The Influencer can erase its data on the Tellscore Platform by logging in to its account, selecting "Edit", and selecting "Delete Account", respectively. However, the Influencer is still obliged to read Privacy Policy carefully because once the Influencer exercises the right to delete its information, the Influencer and the Company will no longer retrieve such information.
The Company may use the Application Programming Interface (API) of Youtube while the Influencer uses our services. The Influencer agrees to be bound by
- (1) The Youtube's Terms of Service
- (2) The Google Privacy Policy
The Tellscore Platform collects the Influencer data such as subscribers, viewers, and engagement using the YouTube API. In addition to the standard procedure for deleting stored data, the Influencers can revoke the right of the Tellscore Platform to access its data by going to the Security Settings page at https://myaccount.google.com/permissions
The Influencer's service fees
- When a Service Package is binding between the Influencer and the Marketer through the Tellscore Platform, the Influencer is entitled to receive the Influencer's service fees following these Terms of Use. The Company will transfer the Influencer's service fees through the Tellscore Platform to the bank account designated by the Influencer or by other payment methods.
- The Influencer's service fees will be transferred with a method specified by the Company, including but not limited to the method and the unit payment. For the avoidance of doubt, the values and rates of the Influencer's service fees will be determined by the Company and displayed on the Tellscore Platform. In its sole discretion, the Company may change and/or modify the Influencer's service fees or payment terms, whether in whole or in part, under the Terms of Use without notifying the Influencer in advance.
- If the Influencer discontinues use or deletes its member account on the Tellscore Platform, the Company agrees to pay the outstanding Influencer's service fees ( if any ), which the Company is obliged to pay to the Influencer under the provisions of these Terms of Use with in the next payment period.
The Service fee for using the Tellscore Platform
- Occasionally, the Company may change any fees and/or announce new rates on the Tellscore Platform by announcing new rates of the Service fee on the Tellscore Platform. The new rates of the Service fee are determined by using the Tellscore Platform of the Influencer; all purchasing transactions made through the Tellscore Platform, other service transactions through Tellscore Platform, or the visiting of the Influencer.
- Additional terms and conditions may apply to some part of the Tellscore Platform, specifically including the service or special feature of the Tellscore Platform. The additional terms and conditions are an integral part of these Terms of Use. The Company will make the payment and money transfer through a financial institution or commercial bank that the Company will specify from time to time.
Taxes, expenses, and currency
- The Influencer is responsible for expenses and taxes incurred in connection with the Influencer’s service fees and the Service fee for using the Tellscore Platform following these Terms of Use. To avoid doubt, the Company will deduct the Influencer’s service fee for withholding tax, transfer fee, and other expenses shall be paid for the Influencer’s service fees as required by applicable law.
- Each party shall pay the Influencer's service fees and the Service fee for using the Tellscore Platform under this provision and use the currency and exchange rate as of the payment date. These will be set forth in terms of payment agreed between the parties according to the territory, and this amount has included VAT or sales tax or the applicable consumer tax.
- The Company shall not be liable for any risk, loss, or damage arising from changes in exchange rates, expenses, or taxes of the Influencer.
If the Tellscore Platform is connected to the other website or other source provided by third parties, those connections are solely for the convenience of the Influencer. Such connections mentioned herein include banner advertisements and sponsored links. The Company has no control over the content of such other websites and other sources and is not responsible for any loss or damage incurred from such connections. If the Influencer decides to access other websites connecting to the Tellscore Platform, it is its own decision to take the risk and be subject to the terms and conditions of using such a website.
Termination Terms
The Company has the right to terminate or suspend the Influencer's access to the Tellscore Platform in whole or in part for whatever reason or without cause. These include, but are not limited to, any breach of these Terms of Use.
At the expiry or after termination, the Influencer will promptly pay the Company all outstanding amounts. The Company has no liability to the Influencer for termination of these Terms of Use, the Influencer's membership account, or the deletion of the Influencer's Content.
The Company reserves the right to change or discontinue any or all of the Services without inform the Influencer in advance. The Company shall not be liable to the Influencer or any third party for any termination of the service.
Consequences of the termination
- The terms will continue after the termination: The terms that will continue to apply are clauses 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 19, 20, 21, 22, and 23.
The Influencer understands that the Company cannot and does not endorse or warrant that files downloaded from the Internet or the Tellscore Platform are virus-free or any other malicious code. The Influencer shall use the process and adequate security according to the requirements to prevent viruses and the integrity of the incoming and outgoing databases and maintain the external channels that enter into the Company's website to reassemble the missing databases.
The Company will not be liable for any loss or damage that occurs due to disruption of service (DDoS), attacks, viruses, or other technologically harmful substances. Including anything that could be entering a malicious file onto a computer device, computer programs, Influencer databases, additional proprietary information, personal information, and the Influencer’s Content is resulting from using the Tellscore Platform or any services by the Influencer or any items acquired through the Tellscore Platform or download of any contents published on the Tellscore Platform or any website connected to the Tellscore Platform by the Influencer.
For using the Tellscore Platform, contents, services, or any items received through the Tellscore Platform is a risk of the Influencer by itself. The content and services, or any items obtained through the Tellscore Platform, will be provided " as is” without warranty, whether explicitly or implicitly. The Company or persons associated with the Company does not give warranties or representations regarding the completeness, safety, reliability, quality, accuracy, or availability of the Tellscore Platform. In addition, The Company or person related to the Company does not give representations or warranties that the Tellscore Platform, contents, and services or any item obtained through the Tellscore Platform will be secure, error-free, not disturbed, have no defect. Neither the website, its existing server will be virus-free, nor will any other malicious components meet the requirements or the expectations of the Influencer.
The Company disclaims any warranties, including but not limited to warranty about suitability for commercial, free from infringement and suitability for other purposes, whether explicitly or implicitly by-laws or otherwise. The Company does not guarantee that the Influencer will be offered or receive payment from using the Tellscore Platform or other services of the Company.
The above statement does not affect any warranty that cannot be excluded or restricted by law.
In any case, the Company, its Affiliates or its licensors, service providers, employees, agents, officers, or directors of the Company shall not be liable for damages of any kind arising out of or in connection with the Influencer's use or inability to use the Tellscore Platform, other websites or any social network connected to the Tellscore Platform, any contents on the Tellscore Platform or such other website or any service or item obtained through the Tellscore Platform or such other websites including indirect damage, special damage, actual damage, consequential damage or punitive damage including but not limited to personal injury, pain, suffering, emotional pressure, loss of income, loss of profit, business loss or expected amount loss from use goodwill, loss in the database and whether arising from tort (including negligence), breach of contract or otherwise, even though it was already expected.
In any case, the joint liability of the Company and Affiliated including licensors, service providers, employees, agents, officers, and directors towards any party (regardless of the form of action, whether by contract, tort, or otherwise ), shall not exceed the amount paid by the Influencer to the Company for the relevant services in the last one-month period in which the liability has arisen.
The Influencer must use the right to claim damages caused by or cause of action arising from or in connection with these Terms of Use or using the Tellscore Platform within one (1) year from the date the cause of action has occurred; otherwise, the Company shall deem that the Influencer does not wish to make further claims.
The statement above shall not affect the liability that cannot be excluded or restricted by law.
The Influencer agrees to fight, indemnify, and does not make the Affiliates, licensor and service providers, including those related to the above persons, i.e., officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, must be damaged by and for any claims, liabilities, damages, judgments, arbitrations, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or in connection with the Influencer's breach of these Terms of Use or using the Tellscore Platform, including without limitation, Influencer’s Content, any other content of the Tellscore Platform, services and products other than as expressly permitted in these Terms of Use or the Influencer's use of information obtained from the Tellscore Platform.
Restraining or delay by the Company in exercising any rights under these Terms of Use will not be considered a waiver.
If the Terms of Use are decided by a court or any other body of jurisdiction, that it is incomplete, illegal, or unenforceable for any reason have such provisions be eliminated or limit the scope of use to a minimum, the remaining Terms of Use shall remain in full force and effect.
The parties agree (without revocation) that these Terms of Use shall be governed by laws and regulations of Thailand and shall be under the jurisdiction of the courts in Thailand.
Tellscore Co., Ltd operates the Tellscore Platform.
If the Influencer has feedback, comments, requests for technical support, and other communications in connection with the Tellscore Platform, The Influencer should submit them via the following e-mail address: contact@tellscore.com
Thank you for visiting the Tellscore Platform.
Lists of prohibited products and services include the following items:
- All types of alcoholic beverages (for some countries where advertising is prohibited by law.)
- Tobacco, cigars, and all products related to smoking (for some countries where advertising is prohibited by law)
- Firearms and all items related to weapons.
- Animal and wildlife products, including but not limited to live animals, namely shark fins and ivory.
- Medicine, medical equipment, medical treatment kit, including but not limited to prescriptions, heart rhythm control devices, and surgery equipment.
- Any property acquired by theft.
- Prostitution or human trafficking.
- Infringing intellectual property products.
- Gambling or any service related to obscenity, liquor, firearms, cigarettes, and drugs, or sells and/or provides the service associated with the software, computer programs, music, movies (which the seller does not the owner of the copyright or without a legitimate right to operate). In addition, any products and/or services may violate the law and good morals of the people in the future.