Fakespot Trusted Deals Customer Portal Terms of Use

Updated: April 19, 2024

Terms of Use

These Fakespot Trusted Deals Customer Portal Terms of Use (“Terms”) are entered into between you (the “Customer”) and Fakespot by Mozilla (“Fakespot”). These Terms govern Customer’s access to, and use of, the Trusted Deals Customer Portal located at https://partners-portal.fakespot.com (the “Services”) via any platform or device. By accessing, signing up for, or using the Services, you agree to be bound by these Terms. If you agree to these Terms on behalf of a third party, such as an employer, Customer represents that they are authorized to bind that party to these Terms.

1. Services

1. The Services
   The Services include an advertising platform and Customer Portal (“Portal”) located at https://partners-portal.fakespot.com which: (1) enables Customer to submit profile, campaign, and budget information for publishing Customer’s advertising campaigns as well as view and download aggregate performance reports; and (2) operates as the means by which Fakespot and its affiliates use automated tools to format Customer’s advertisements pursuant to an applicable agreement separate and apart from these Terms (such agreement being the “Ad Agreement”) between Customer and Fakespot. While Customer may be able to sign up for, or login to, an account through the Service and enter and edit account information and campaign details, no campaign will be published without a signed Ad Agreement between Customer and Fakespot.
   
   Please note that reports available through the Service will provide for aggregated performance and Fakespot’s fees associated with each as set forth in the Ad Agreement. Customer understands and acknowledges that the reports are for Customer's reference purposes only and that the data contained therein may not be current or accurate at the time the Customer views the reports. The data contained in the reports is subject to corrections at any time.


2. Beta Services
   Some Services features could be identified as “Beta” or as otherwise unsupported or confidential (“Beta Features”). Customer may not disclose any information from Beta Features or the terms or existence of any non-public Beta Features. Fakespot and its affiliates may modify or cancel the Beta Features at any time.

2. Using the Services

1. Creating an Account
   In order to use the Services, Customer will need to create an account. Customer has two options for account creation:
   • Through our system: During registration, Customer will need to provide a business contact first and last name, email address, and phone number as well as set a password. Customer is responsible for keeping their password confidential and for the activity that happens through its Fakespot account. Fakespot is not responsible for any losses arising out of unauthorized use of Customer’s Fakespot account. Customer agrees not to share or delegate access to the Services.
   • Using your Google Account: Customer can sign up for use of the Services, using your Google Account. Customer can create a Google Account on Google’s signup page. More information about the information that we receive from Google, and how we use that information, is included in our Privacy Notice. Google Accounts has its own Privacy Notice.
   
   
2. Customer’s Use of the Services
   Customer must be 18 years of age to use the Service. Customer gives Fakespot all rights necessary to operate the Service, including processing the data and Customer Content (defined below) you submit to the Services. Customer will comply with our Acceptable Use Policy as well as the other policies referenced in these Terms. Customer agrees that they will not use the Services to violate any laws in the jurisdiction where they are based. Customer is prohibited from using the Services if barred under any Office of Foreign Assets Control Specially Designated Nationals List or face any other similar prohibition in any other applicable jurisdiction. The Service is provided solely for use according to, and Customer’s access to the Service is subject to their compliance with, these Terms.

3. Customer Content and License to Fakespot.

1. Customer Content
   Customer understands that it can submit profile and account information, advertisements and related materials, products, keywords, feed data, budget, destinations, targets, videos, creative content (including, without limitation images, videos, and copy), and technology (collectively, “Customer Content”) through the Services regardless of whether there is an Ad Agreement between the parties. Customer warrants that (i) Customer holds, and hereby grants Fakespot and its affiliates, the rights in Customer Content necessary for Fakespot and its affiliates to operate the Services (including, in some cases, after Customer ceases to use the Services), and (ii) all information and authorizations provided by Customer are complete, correct and current.


2. Campaign Content
   To the extent you enter into an Ad Agreement with Fakespot, that Ad Agreement may forth the details, and governs, the rights and obligations of the parties relating to Customer’s advertising content and campaign details (“Campaign Content”). Campaign Content may include Customer Content you submit through the Services if and to the extent Customer Content you submit through the Services is relevant to your campaign or advertising. In all cases, Campaign Content shall be deemed Customer Content for purposes of these Terms.

4. Privacy Notice

We use the information we receive through the Services as described in our Privacy Notice.

5. Payments

While Customer may be able to see campaign, budget, and some invoicing details, all billing and payment information and processing terms and conditions are set forth in Customer’s Ad Agreement with Fakespot.

6. Term and Termination

These Terms will continue to apply until ended by either you or Fakespot. Customer can choose to end them at any time for any reason by deleting the Services, discontinuing Customer’s use of the Services, and if applicable, unsubscribing from our emails.

We may suspend or terminate Customer’s access to the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) Customer has violated these Terms or the terms of the Ad Agreement, (ii) Customer creates risk or possible legal exposure for us; or (iii) our provision of the Services to Customer is no longer commercially viable. We will make reasonable efforts to notify Customer in the app or the next time you attempt to access the Services. If Fakespot terminates these Terms due to Customer’s material breach of these Terms or of the Ad Agreement with Fakespot, all of Customer's payment obligations under the Ad Agreement shall survive such termination. In all such cases, these Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: Indemnification, Disclaimer; Limitation of Liability, Miscellaneous.

7. Fakespot’s Intellectual Property

Fakespot does not grant Customer any intellectual property rights in the Services or other Fakespot products and services unless these Terms specifically say otherwise. For example, these Terms do not provide the right to use any of Fakespot’s’s copyrights, trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.

8. Restrictions

Without limiting any other term of these Terms or the Ad Agreement, Customer shall not, and shall not permit any third party to: (1) modify, copy, use, analyze, reverse engineer, decompile, disassemble, translate, convert, or apply any procedure or process to, any part or all of the Services to ascertain, derive, and/or appropriate for any reason or purpose the source code or source listings for any aspect of the Services or any trade secret information or process contained therein; and (2) take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure. Customer’s undertaking of any of the foregoing constitutes a material breach of these Terms.

9. Indemnification

Customer agrees to defend, indemnify and hold harmless Fakespot, and its respective parent and affiliate companies, contractors, contributors, licensors, partners, directors, officers, employees and agents (“Indemnified Parties”) from and against any and all third party claims and expenses, including attorneys’ fees, arising out of or related to your use of the Service. This includes, but is not limited to, claims and expenses arising from any of the Customer Content submitted by Customer through the Service.

10. Disclaimer & Limitation of Liability

Fakespot offers the Services “as is.” Neither Fakespot nor its Indemnified Parties represent or warrant that the Services or the platform are suitable for any particular purpose, or that they are free of defects or problems. To the extent permitted by law, Fakespot and the Indemnified Parties Disclaim all warranties, express or implied. Any tool or service that Customer selects for a particular purpose is selected at Customer’s own risk, including the risk that your content could be deleted or corrupted, or that the Services might fail to meet Customer’s specific needs or to perform at the level Customer desires. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so this disclaimer may not apply to Customer.

Except as required by law, Fakespot will not be liable for any indirect, special, incidental, consequential, or exemplary damages arising out of or in any way relating to these Terms or from Customer’s use of or loss of access to the Services. Risks may include loss of goodwill, work stoppage, lost profits, loss of data, computer failure or malfunction, and other damages, for which Fakespota will not be responsible (even if advised of the possibility of such damages), under any legal theory (tort, contract or otherwise). The collective liability of Fakespot and the Indemnified Parties under this agreement will not exceed $500 (five hundred dollars). Some jurisdictions do not allow the exclusion or limitation of incidental, consequential, or special damages, so this exclusion and limitation may not apply to Customer.

11. Modification of These Terms

Fakespot may update these Terms from time to time, and will post the updated Terms online. Where changes are substantive, we will notify you via email, in public announcements, or through the Service itself. To better enable you to track changes, we will post an effective date at the top of this page.

12. Choice of Law & Jurisdiction

These Terms will be interpreted and enforced in accordance with California state law, excluding its conflict of law provisions. If any portion of these Terms is held to be invalid or unenforceable, the remaining portions will remain in full force and effect. In the event of a conflict between a translated version of these terms and the English language version, the English language version shall control.

13. Miscellaneous

These Terms sets forth the entire agreement between Customer and Fakespot with respect to Customer’s access to and use of the Services, and supersedes any and all prior agreements of Fakespot and/or the Customer with respect to the Services. Customer shall not make any assignment of these Terms or any rights, benefits, or obligations hereunder (including, without limitation, by way of merger or consolidation) without the prior written consent of Fakespot, not to be unreasonably withheld. In the event of an assignment, these Terms shall be fully binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective successors and assigns.

14. Contact Us

To provide feedback on the product, contact us at fakespotsales@mozilla.com.
For other concerns, you may email us at legal-notices@mozilla.com or write to us at the following address:

Fakespot by Mozilla Corporation
Attn: Fakespot – Legal Notices
149 New Montgomery Street
5th Floor
San Francisco, CA 94105