Terms and Conditions

Terms Of Service

  1. INTRODUCTION
    1. Please read these Terms and Conditions carefully before using the services offered by Zooka Creative Corp., (dba " Social Insiders").
    2. Social Insiders (SI)  is a collection of web, mobile, and social tools that support bloggers, distribute products and product information, so that bloggers can share their opinions. Social Insiders also includes a system for motivating and tracking actions of participants.
    3. This Agreement contains the complete terms and conditions that apply to your participation in our site. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to participation in SI and the content/services provided by or through SI
    4. Please read these terms of use carefully before using SI and its services. By accessing this site or using any part of SI, you agree to become bound by these terms and conditions. If you do not agree to all the terms and conditions, then you may not access the site or use the content or any services in the site. Amendments to this agreement can be made and effected by us from time to time.  
    5. We will notify you of changes ask that you review the Agreement to ensure you understand the rules, restrictions, and limitations.
  2. ELIGIBILITY
    1. AGE: Social Insiders including its tools, applications, and services are intended solely for access and use by individuals who are at least eighteen (18) years old and above. By accessing SI including its tools, applications and services, you warrant and represent that you are at least eighteen (18) years old and with full authority, right, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
    2. LOCATION: This site and is services is intended for participation in the United States only and shall only be construed according to, and governed exclusively by United States law. Do not participate in SI if you are not a legal resident of and physically located in one of the fifty United States or District of Columbia at any time of entry.
    3. NO COMMERCIAL USE: Members on this social networking website are prohibited to use the services of the website in connection with any commercial endeavors or ventures.
    4. REAL PEOPLE: organizations, companies, and/or businesses may not become Members of Social Insiders and should not use the site for any purpose. Artificial people, or other non-living persons created solely by law are not eligible.
    5. You represent and warrant that you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
  3. USE OF THE SITE & PROHIBITIONS
    1. SI allows you to join social networks, gain friends, mingle with other members express your thoughts, and make some comments and discussion, and communicate with other members.
    2. You understand and agree, however, that you will use SI including its tools and services with full sense of responsibility and in a manner that is consistent with these Terms and in such a way as to ensure compliance with all applicable laws and regulations. You agree that you will use the site and its services in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.
    3. We reserve the right to deny access to anyone who we believe, in our sole discretion, has in any way breached these Terms or where we reasonably believe a user does not comply with any relevant age restrictions on the site.
  4. REGISTRATION / MEMBER ACCOUNT
    1. You are required to register with SI, provide a username, and a password
    2. You must complete the full registration process and shall provide the site with accurate, complete, and updated information. You are responsible for maintaining your profile bio information and keeping it up to date and accurate.
    3. To participate in this program you must own and maintain a blog. The blog you maintain and provide to us must be a blog that is currently maintained, and posted to with a frequency of at least twice a month within the last three months. Failure to do so shall constitute a breach of the  Terms of Use, which may result in immediate termination of your account.
    4. You are solely responsible for any and all use of your Member Account and Member profile.
    5. You agree not to use the Member Account, Member profile, username, or password of another Member at any time. You are entirely responsible for maintaining the confidentiality of your password.  You agree to notify us immediately if you suspect any unauthorized use of your Member Account or Member profile or access to your password.
    6. You may not register for more than one Member Account, register for a Member Account on behalf of an individual other than yourself or register a Member Account on behalf of any group or entity. Furthermore, you may not use or attempt to use another's Member Account without authorization from us or create a false identity on our Services.
    7. You must not transmit any worms or viruses or any code of a destructive nature.
    8. Any information provided by you or gathered by the site or third parties during any visit to the site shall be subject to the terms of Social Insiders’ Privacy Policy.
    9. You represent and warrant that all of the information provided by you to our website to participate in the Service is correct and current.
    10. The SI community is a platform for connecting Brands with influencers. You receive free product in exchange for your honest review. By participating in this program as a member you acknowledge that you are not employed by SI, or our participating Brands.
    11. When you become a member or send e-mails to us, you are communicating with us electronically. You consent to receive communication from us electronically. We will communicate with you by e-mail or by posting notices on this Site through the other services. You agree that all agreements, notices, disclosures, and other communication that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any communication or other information about SI services sent to us via e-mail or otherwise in connection with you use of the sites, including but not limited to suggestions, ideas and comments, will be treated as non-confidential and all such information may be used by us for any purpose without compensation.
  5. COMPLIANCE & MONITORING
    1. We reserve the right to monitor and review your account, content and activity for compliance with this Agreement.
    2. We may terminate or suspend your account or ability to use the service if you breach this Agreement, and we may remove any content that is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property rights.
    3. Social Insiders, in its sole discretion, has the right to remove content and suspend, terminate, deactivate or refuse registration or access to your account at any time, without notice and without liability, for any reason, including but not limited to violation of this Agreement, infringing on Intellectual Property and inactivity.
  6. CONTENT
    1. You may view, download for collection purposes only, and print pages or other contents from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.
    2. You should not post any blogs, items, messages, and or contents that are inappropriate and fails to observe sense of decency and or would offend other persons;
    3. You must not republish, sell, rent or sub-license any materials from this website including republication on another website; you must not reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose
    4. You must not collect and disclose information about users’ personal information;
    5. You must not post false, inaccurate, misleading, defamatory, or libelous content;
    6. You must not take any action that may damage the rating or badge system.
    7. You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
  7. SOCIAL INSIDERS’ PROGRAMS & PROMOTIONS
    1. By joining SI, you acknowledge that you are not guaranteed to receive anything in return, including Promotion kits, complimentary products and/or any other promotions or giveaways promoted on this website, emails or social media sites.
    2. Members are selected for the items mentioned above must meet specific requirements for each program which may include criteria provided by SI’s clients.  For example “available only for people with Cats”
    3. SI adheres to a strict policy of sending one Promotional kit per household address per program, regardless of whether or not multiple qualified members reside in the same household.
    4. These requirements are solely determined by Social Insiders and may change at Social Insider's discretion at any time.
    5. Social Insiders reserves the right to postpone, change and/or cancel any scheduled or running programs at any time.
    6. If a blogger decides to engage in any sweepstakes, giveaway, or a contest in relation to products they receive through Social Insiders, said bloggers are completely and entirely responsible for all aspects of said sweepstakes, giveaway or contest, including, but not limited to: the terms of entry, all associated administrative issues, fulfillment, and for ensuring complete regulatory compliance (including compliance with COPA and other applicable regulations).
  8. KIT DELIVERY POLICY
    1. SI may use both FedEx, USPS, or other services to deliver materials to SI members.  
    2. Social Insiders is not responsible in the event that packages are not delivered on a scheduled date, are misdelivered, lost, or stolen.
    3. We package our products securely and safely and are not responsible for damaged items.
    4. We do not deliver to P.O. box addresses. 
    5. We deliver to residential address on your profile; you are responsible for keeping it accurate and up-to-date.
  9. PRODUCTS SHOULD BE REVIEWED, NOT RESOLD
    1. Any items you receive as part of an SI Program (eg. free products, prizes, etc) are NOT FOR RESALE.
    2. All products a members receives from Social Insiders are meant only for the recipient to review, unless otherwise noted, as in the case where recipients are meant to share with a family member or friend or asked to hold a giveaway. In the case that a member is unable to use a product, he or she may pass along to a friend. In no case is it acceptable for any member to resell a product received through an Social Insiders Program either online or offline.
    3. If a member is found to be exchanging products received via Social Insiders for cash, his or her membership will be terminated immediately.
  10. LINKS & FRAMINGS
    1. Illegal and/or unauthorized uses of the Services, including unauthorized framing of or linking to the Sites will be investigated, and appropriate legal action may be taken.
    2. Some links, however, are welcome to the site and you are allowed to establish hyperlink to appropriate part within the site provided that: (i) you post your link only within the forum, chat or message board section; (ii) you do not remove or obscure any advertisements, copyright notices or other notices on the placed at the site; (iii) the link does not state or imply any sponsorship or endorsement of your site and (iv) you immediately stop providing any links to the site on written notice from us.
    3. You must check the copyright notice on the homepage to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on our sites.
  11. GROUPS, FORUMS, BLOGS AND MATERIALS POSTED BY YOU
    1. We welcome and encourage you to post to SI message groups and forums. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us.
    2. You are responsible for the content of your communications, messages and posts, and its consequences.
    3. We do not endorse or guarantee the accuracy, integrity or quality of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff.
    4. We do not review postings made in any chat rooms, forums and other public-posting areas on the site.
    5. By participating in this social networking site, you understand and agree not to post or transmit any material that, in our judgment, is defamatory, abusive, obscene, threatening or unlawful in any way, or any material that infringes on the rights of others or contains any virus or other computer programming routine which may interfere with or damage the site or otherwise interrupt on the ability of others to use or enjoy the same.
    6. We reserve the right to delete, move or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or for any other reason.
    7. All public posts by members on SI become proprietary information for Social Insiders.
    8. Social Insiders holds the right to share/publish these comments with the public and with clients. Members are in no way obligated to talk, promote or discuss products and brands they experience through Social Insiders.
    9. Members who participate in campaigns and other Social Insider programs and promotions also agree not to post or transmit any material on other websites and social media sites, blogs and videos that, in our judgment, is defamatory, abusive, obscene, threatening or unlawful in any way.
    10. All members agree not to use inappropriate language and phrases when on the SI website and when participating and communicating about Social Insiders programs and product sponsors on outside websites, blogs, videos and other platforms.
    11. The content written by bloggers must reflect the honest opinions, findings, beliefs, or experience of the blogger. Bloggers may not convey any express or implied representation that is deceptive in nature. A deceptive representation includes, but is not limited to, any representation of medical benefits, or unapproved uses. An "unapproved use" is any use not explicitly listed on the product itself. If a blogger has any question regarding whether or not a specific use is approved, said blogger is expected to err on the side of caution. Any Insider who creates misleading or deceptive content is subject to removal from the program.
    12. If a blogger's review or endorsement is not representative of the performance that consumers can generally expect to achieve with a product, advertisers must disclose the generally expected performance with the depicted circumstances.
    13. SOCIAL INSIDERS POINTS
      1. There are no membership fees associated with Insider Points. Points accumulated under the program are promotional and have no cash value.
      2. Your Points and your account under Insider Points are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one (1) Social Insider's account that is personal to you.
      3. Without notice to you, SI reserves the right to suspend any Insider Points and/or terminate your account and/or your participation in Insider Points if SI determines in its sole discretion that you have violated these Terms of Use, you have more than one (1) account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. SI may, in its sole discretion, suspend, cancel or combine accounts that appear to be duplicative. In the event that your participation in Social insiders is terminated, then all accumulated Insider Points in your account are void.
      4. Without notice to you, Social Insiders also reserves the right to “unregister" and make ineligible for the Insider Points program any account that has been inactive for two (2) consecutive years. Inactive is defined as no Insider Points earned. In the event that your account is unregistered or rendered inactive, then all accumulated Insider Points in your account are void.
      5. Social Insiders reserves the right to terminate, discontinue or cancel the Insider Points program at any time and in its sole discretion without notice to you.
      6. For full details of the Social Insiders Points Rewards Program Official Rules please click here.
  12. DISCLOSURE POLICY
    1. SI members selected to participate in product reviews may be sent complimentary product(s)
    2. Our mission is to provide the best product feedback available anywhere on the web, and it is the utmost importance to us that we remain as transparent as possible.
    3. We wan you to be honest. SI members are not instructed, coached, coerced, paid, or otherwise compensated for product reviews.
    4. All reviews are provided voluntarily, and published for informational purposes.
    5. All members are REQUIRED to disclose their receipt of free products whenever they make any public statements about them, either through SI or independently.
    6. Anytime a blogger receives a taxable benefit, they MUST report this benefit on their taxes. Bloggers are expected to report any applicable use taxes in their home state as is required by their state tax code, in addition to any applicable federal tax requirements.
    7. Should you have any questions regarding our practices, we my be reached at our contact us page.
  13. WARRANTY & DISCLAIMERS
    1. It should be noted that the site or services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. We mane no representations concerning any content contained in or accessed through the Site or Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services.
    2. You hereby accept and agree that it is beyond our control:
      1. To limit which users gain access to the Site or use the Services;
      2. What effects the content may have on you;
      3. How you may interpret or use the Content; or
      4. What actions you may take as a result of having been exposed to the Content
    3. You release us from all liability for you having acquired or not acquired Content through the Site or the Services.
    4. SI is a distributor only. Products distributed by SI are not manufactured by SI. The products may, however, be covered by each manufacturer's warranty, service, and support policy (if present). SI assigns and passes through to the customer any warranty of the manufacturer, and you acknowledge that you shall have recourse only under such warranties and only as against the manufacturer of the products.
    5. SI makes no representation of express warranty with the respect to the product except those stated in this document. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
  14. LIMITATION OF LIABILITY
    1. IN ALL CIRCUMSTANCES SI MAXIMUM LIABILITY IS LIMITED TO $100
    2. SI SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT, SI SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT SI HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
    3. We make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
    4. We may change, restrict access to, suspend or discontinue the site or any part of it at any time.
    5. The information, content, and services on the site are provided on an "as is" basis. When you use the site and or participate herin, you understand and agree that you participate at your own risk.
  15. INTELLECTUAL PROPERTY RIGHTS
    1. The Web allows people throughout the world to share valuable information, ideas and creative works. To ensure continued open access to such materials, we all need to protect the rights of those who share their creations with us. Although we make the Site freely accessible, we don't intent to give up our rights, or anyone else's rights, to the materials appearing on them. The materials available on the site shall remain the property of SI and/or it's licensors, and are protected by copyright, trademark and other intellectual property laws. You acquire no proprietary interest in any such rights. Furthermore, you may not remove or obscure the copyright notice or any other notices contained in the site or anything retrieved or downloaded from them.
    2. You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the site except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
    3. "Public Content" refers to information that you submit or post to or through the site an/or service for public display, such as photos, comments, reviews, and your public profile information. By submitting Public Content or any other content on the site or otherwise through the service, you hereby do and shall grand SI a worldwide, non-exclusive, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the contents in connection with the site, the service and SI's (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) or the service in any media formats and through any media channels (including, without limitation, third party websites, and feeds). You also hereby do and shall grant each user of the site and/or the service a non-exclusive license to access you content through the site and the service, and to use, edit, modify, reproduce, distribute, prepare derivative work of, display and perform such content in connection with their use of the site and service.
  16. CONFIDENTIALITY
    1. You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and forum members.
    2. All information submitted to by and end-user customer pursuant to a Program is proprietary information of SI. Such customer information is confidential and may not be disclosed.
    3. Persons accessing SI agree no to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
  17. NON-ASSIGNMENT OF RIGHTS
    1. Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at anytime without notice.
  18. WAIVER AND SERVICEABILITY OF TERMS
    1. Failure on SI to insist upon strict performance of any of the terms, conditions and covenants herof shall not be deemed a relinquishment or waiver of any rights or remedy that we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and convenents shall continue to be in full force and effect. No waiver by either party of any breach of any provision hereof shall be deemed as a waiver of any subsequent or prior breach of the same or any other provision.
    2. In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
  19. ENTIRE AGREEMENT
    1. This agreement shall be governed by and construed in accordance with the substantive laws of California, without any reference to the conflict-of-laws principles. The agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, the content and materials provided by or through the Site, and the subject matter of this agreement.
  20. CHOICE OF LAW JURISDICTION; FORUM
    1. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this agreement is hereby irrevocably submitted to the exclusive jurisdiction in the courts of San Jose, California, to the exclusion of any other courts without giving effects to its conflict of laws provisions or your actual state or country of residence.
  21. TERM
    1. This Agreement will remain in full force and effect what you use the Website. You may terminate your membership at any time for any reason by contacting us via our "Contact Us" page, and we will terminate your membership within 14 days. We may terminate your membership for any reason at any time. Even after your membership is terminated, certain sections of this Agreement will remain in effect.
  22. COMMUNITY
    1. SI is a forum for your thoughtful reviews, photos, videos, tips and more. Thus, we've put together these general guidelines for keeping it clean and classy here on our site:
      1. SOCIAL INSIDERS GROUPS, FORUMS, AND BLOGGING REVIEWS
        1. We know you are social. Be social and share your thoughts. We love reviews that are honest and in your own words. Let us hear your personal writing voice in everything you share. Since you are already being social, do not forget to disclose to your readers that you received products from us, Social Insiders
        2. Keep it classy. We encourage you to let your voice shine through in your work. This is unless your voice contains offensive language, lewdness, hate speech, bigotry, threats, or harassment. Anything deemed offensive will not be tolerated.
        3. Make sure to stay on topic. A product review is not the place to vent about your crazy in-laws. Make sure you stay focused on the product and the customer experience with the product.
        4. Do not over share. Do not publish personal information or photos of anyone other than those you are legally allowed to. People need their privacy.
        5. Plagiarism will not be tolerated. We would like to hear from you, not someone that you read and thought was clever. We read that blog and liked it already.
        6. OMG! THIS IS AMAZING! Or not. Please do not exaggerate and staying away from all caps lock is a good idea too.
        7. Constructive criticism is what we are looking for. Let us know what the product is and how it worked for you.
      2. ON YOUR BLOG, VLOG, AND SOCIAL MEDIA ACCOUNTS
        1. In all online features and comments, please make sure to disclose that you received these products complimentary for testing purposes from SI. This keeps everyone hones - you, us, and our partners = so we can all be trusted Social Insiders.
  23. DISCLOSURE REQUIREMENT
    1. INTELLECTUAL PROPERTY RIGHTS
      1. The Federal Trade Commission requires testing program participants to disclose that they have received products for complimentary testing purposes in all reviews, social media posts, videos and blogs.  Bloggers must disclose in their reviews of the products  the nature of their relationship to the product's Brand and/or advertisers. This means that if the products were sent to a blogger for free, the blogger must mention that they received said products for free. Any blogger who fails to disclose material connection between themselves and advertisers, such as the aforementioned connection, are subject to removal from the program.
        1. Writing a blog post or review online? Copy and paste this line at the bottom: "I received these products complimentary from Social Insiders for testing purposes'
        2. Filming a video? Do a dramatic reading of the following: "I received these products complimentary from Social Insiders for testing purposes." You can also copy and paste that text into the "about" section of your video.
        3. Posting on social media sites like Twitter, Facebook, Instagram, Pinterest, or Vine? Make sure you attach the appropriate hashtags as outlined on the fact sheet provided with each program.