TERMS OF USE

As part of our mission to create an easy manageable environment for an inspiring content development and to help brands to increase their online presence and get their story heard in the digital noise, we connect brands with social media influencers. Our aim is successful and authentic brand storytelling, which builds a strong connection between brands and consumers with the help of influencers in between. It is important to us that you feel comfortable and trust us with your information when you use the FAMENOTE website (the “Service”). Please take a few minutes to read these Terms of Use so that you understand how our service is supposed to be used. These Terms apply in full force and effect to your use of FAMENOTE website. By using this Website, you accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of FAMNEOTE Terms And Conditions.

Before creating your account, please read the following terms in order to be informed what should govern you in the way you use our website.

Identification of Parties

FAMENOTE is a website owned by Octo Group Ltd. Leninova 14, 2400 Strumica, Republic of Macedonia, phone: 0038970733425, Rade Grozdanov. Our aim is to connect social influencers and brands. Depending on your role and in accordance with the purpose of FAMENOTE website, you can register in our website as an Influencer or as a Brand. For the purpose of our website Influencer is someone who has more than 5000 followers in his/her social media account (Facebook or Instagram) and wants to use his/her social influence for the purposes of the digital marketing. This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use FAMENOTE if you are a minor. Brand on the other hand is a registered trademark, a trader or other judicial person who want to advertise a product or a service via social media and in order to increase its social presence searches for a social influencer.

Intellectual Property Rights

Other than content you own, which you may have opted to include on FAMENOTE, under these Terms, Octo Group Ltd. and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website, creating and using your account, posting and communicating via FAMENOTE. The content that you post here is your property. By posting it, you agree it to be used for the purposes of our website. As a creator of a content social media influencers registered in FAMENOTE, agree that FAMENOTE can use the content created by them in order to connect them with a Brand, to repost, tag and share their content with others.

Restrictions

You are expressly and emphatically restricted from all of the following:

  • publishing any Website material in any media without an exact permission
  • selling, sublicensing and/or otherwise commercializing any FAMENOTE material other than your own content or a content that you have rights on;
  • using FAMENOTE in any way that is, or may be, damaging to the Website;
  • using FAMNOTE in any way that impacts user access to the Website;
  • using FAMENOTE contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Website, or while using the Website;

Octo Group Ltd. may restrict access by you to any areas of FAMENOTE, at any time, in its sole and absolute discretion if you do not abbey the rules of fair use. Any user name and password you may have for this Website are confidential and you must maintain confidentiality of such information

Your Content

In these FAMNEOTE Terms of Use, “Your Content” shall mean any audio, video, text, images or other material you choose to display or share on this Website. With respect to Your Content, by displaying it, you grant Octo Group Ltd. a non-exclusive, worldwide, irrevocable, royaltyfree, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any media.

Your Content must be your own and must not be infringing on any third party’s rights. Octo Group Ltd. reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice if it infringes someone’s rights or if it is inappropriate, defamed or may cause legal issues because of expressing nudity, violence, hatred, racism or something else forbidden by law.

Contracting via FAMENOTE

As our aim is to connect Influencers with Brands there are several ways in which the connection could happen:

  • Brand call – If a brand has a certain campaign they call for an Influencer who could present their product/ service in social media. Registered influencers may send a picture or a video created by themselves and the brand should choose from the different offers. Then both sides should settle for the price.
  • Influencer call – If a Influencer has a certain idea of the way he/ she could represent a brand, he/ she could contact the brand and send the created content with a offer. If the brand is interested they may negotiate the price

Payment

Have in mind that the payment passes through third parties (CaSys International, operated by Uni Banka AD Skopje) and you should review their Privacy Policy and Terms of Use. FAMENOTE is free for registration. However, as our role is important in the process of connecting the both sides – brand and influencer, we are supposed to get some prize. That is why after both sides settle for the price of the social media advert and the brand sends the money, we will take a commission of 10 percentage of the whole amount of the deal. The payment will pass through Octo Group Ltd. Bank account so we will directly stop our brokerage.

Limitation of liability

Octo Group Ltd. nor any of its officers, directors and employees, is liable for breach of a contract between an Influencer and a Brand. Full responsibility for completing the contract lays on the parties. In case of any leakage of an advert or information that could be considered intellectual property or any unfair use of a created content, because of the attitude of the parties, they should be responsible for their own actions and any responsibility of Octo Group Ltd. Should be searched. For our liability concerning our obligation to protect your personal data, please review our Privacy Policy.

Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

Assignment

Octo Group Ltd. shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms of Use, we will notify you if that happens. However, .you are not permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms of Use, our Privacy Policy and Cookies Policy, constitute the entire agreement between Octo Group Ltd. and you (Registered User – Influencer or Brand) in relation to your use of FAMENOTE, and supersede all prior agreements and understandings with respect to the same. In case that something concerning our commitment is not regulated by this agreement, the relevant Macedonian Law and European Union Law should be applied.

Updates to these Terms:

From time to time, as our services evolve, we may update the Terms of Use. If we do, we will let you know by revising the date at the top of the policy. If we make a change to these Terms that, in our sole discretion, is material, we will provide you with additional notice. We encourage you to review the Terms of Use whenever you access or use our Services or otherwise interact with us to stay informed about our your rights and obligations in the process of using our services.

Applicable Law and Jurisdiction:

As mentioned above, FAMENOTE – Octo Group Ltd. complies with the legislation of the Republic of Macedonia. Any disputes concerning breach of these terms, which cannot be solved with agreement, should be raised before the Macedonian Court. If you are a citizen of the European Union you have certain rights about the way your personal data is processed and controlled, so for further information about personal data issues, please review our Privacy Policy and the EU data regulations EU2016/679-EUR-Lex, on the question of choice, onward transfer, security, data integrity, access, and enforcement the relevant legislation. For any disputes on this data privacy policy, you may contact us and we encourage you to do so in order to find an agreeable decision for your concerns. If not, you can bring the subject in front of the competent court in your country.

These Terms will be governed by and construed in accordance with the laws of the State of Macedonia and you submit to the non-exclusive jurisdiction of the state and federal courts located in [STATE] for the resolution of any disputes

Contact Information

If you still have questions about our privacy policy, please feel free to send us an email to hello@famenote.com, contact@octogroup.co, or using the contact form on the FAMENOTE website. FAMENOTE is powered by Octo Group Ltd., registered in the Republic of Macedonia, with UIC 4027016525430. You can find us in our office Leninova 14, 2400 Strumica, Republic of Macedonia or call us on the following number: 0038970733425.

In the event you read these Terms of Use in any language other than English, you agree that in the event of any lack of correspondence or misunderstanding, the English version shall prevail.

These Terms of Use are updated and enforced on 25th of May 2018.