Expert Stylist Agreement
Issued: December 01, 2024
1. Introduction
Please read carefully the following provisions of this Expert Stylist Agreement (“Agreement”). This is a legal agreement between you ("you", "your" or “Expert Stylist”) and Zhoosh Sp. z o.o (“Zhoosh”, “we”, “our”, or “us”) regarding your creation and publishing of content (“Expert Stylist Content”) through use of the Zhoosh software programs and related documentation being installed or used by you on any of your devices (the “Software”). By downloading or otherwise accessing the Software, however accessed, and by providing Expert Stylist Content through the Software, you acknowledge that you have read, understood, and agree to be bound by the following terms of use of this Agreement (including any additional guidelines and future modifications).
This Agreement shall be read in conjunction with the Zhoosh Terms of Use ("Terms of Use") and Community Guidelines. In the event of any conflict or inconsistency between the terms of this Agreement and any applicable provision of the Terms of Use, as between Zhoosh and you, this Agreement shall prevail to the extent of such conflict or inconsistency. Except otherwise provided, all capitalized terms shall have the same meaning as defined in the Terms of Use.
2. Eligibility and Additional Restrictions
You may only be an Expert Stylist in Zhoosh if you are:
- Eighteen (18) years of age or older;
- Reside in a jurisdiction in which the use of the Software is permitted;
- Not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and not be listed on any U.S. Government list of prohibited or restricted parties;
- Requested Zhoosh to become Expert Stylist in the Service;
- Successfully completed the verification process from Zhoosh.
Any creation and publishing of Expert Stylist Content by individuals who do not meet the specified eligibility criteria is unauthorized, unlicensed, and a violation of this Agreement.
You are solely responsible for your Expert Stylist Content and the consequences of uploading, publishing or making it available. You represent and warrant that: (1) you are the creator and owner of the Expert Stylist Content, or otherwise have sufficient rights and authority to grant the rights granted herein; (ii) your Expert Stylist Content does not and will not violate this Agreement and the Terms of Use; (iii) your Expert Stylist Content does not and will not violate the rights of third parties, including but not limited to, copyrights, trademarks, rights of publicity, right or privacy etc.
You are solely responsible for the completeness, truth and accuracy of any Expert Stylist Content created or published by you using the Software. Any Expert Stylist Content created and published by you will be considered non-confidential and non-proprietary. Without derogating from the above, you shall possess all authorizations, licenses, consents and permissions necessary to publish or distribute any of the Expert Stylist Content to any person (including the right of Zhoosh to use such Expert Stylist Content in accordance with the Terms of Use).
Your use of the Software to create and publish Expert Stylist Content is for personal use only, except as permitted herein or as otherwise permitted by Zhoosh. You shall not allow others to use your Zhoosh account to provide Expert Stylist Content. If your access to the Software has been suspended, limited or terminated by Zhoosh, you shall not create another Zhoosh account or request others to create another Zhoosh account in your favor.
The Software is provided to you by Zhoosh free of charge. Your use of the Software to create and publish Expert Stylist Content that may or may not be viewed by other users of the Software, shall not give rise to any actual or deemed payment of consideration between you and Zhoosh. Any potential earnings or benefits will be derived from the platform's mechanisms, such as giving Virtual Items to you by users.
3. Limitation on Use
- You hereby warrant that you have all necessary and sufficient rights to share any information with Zhoosh, the Software and other users of its community.
- You hereby warrant that you will not:
- Impersonate any person or entity or otherwise misrepresent affiliation, connection or association with any person or entity, or use any fraudulent, misleading or inaccurate contact information;
- Violate other users' or third parties' rights to privacy, publicity and any other rights;
- Use the Software to create and publish Expert Stylist Content that a reasonable person could deem to be: stalking, offensive, abusive, obscene, objectionable, defamatory, libelous, fraudulent or deceptive, indecent, pornographic, profane, threatening, advocating harassment or intimidation, distressing, vulgar, hateful, malicious, harmful for minors, racially or ethnically offensive, advocating racism, bigotry, abusive towards minors in any manner, hatred or physical harm of any kind against any group or individual, or disparaging the religious, political, or legal agenda of any person or entity, or is otherwise inconsistent with our Community Guidelines;
- Create, publish, share or promote Expert Stylist Content that may endanger your life, lead to your physical harm, or encourage others to engage in physically harmful behavior; this includes but is not limited to: suicide threats, glorification or encouragement of self-harm, intentional physical trauma, illegal use of drugs, illegal or dangerous consumption of alcohol, and dangerous or distracting driving;
- Use the Software to create and publish Expert Stylist Content in connection with any advertisements, solicitations, chain letters, pyramid schemes, spamming or any other commercial communication, except as permitted under this Agreement;
- Use the Software to create and publish Expert Stylist Content which promotes illegal activities, or the violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights (including, but not limited to, patents, trademarks, trade secrets, copyrights, or any confidential, proprietary or trade secret information of any third party), information protection and privacy, including, but not limited to, content which disseminates another person's personal information without his or her permission.
4. Endorsements / Testimonials
You agree that if your Expert Stylist Content will include any endorsements or testimonials your Expert Stylist Content will comply with the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising, the FTC’s Disclosures Guide, the FTC’s Native Advertising Guidelines, and any other guidelines issued by the FTC from time to time (the “FTC Guidelines”), as well as any other advertising guidelines required under applicable law. For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through the Software or Service, or if you are an employee of a company and you decide to discuss or promote that company’s products or services through the Software or Service, you agree to comply with the FTC Guidelines’ requirements for disclosing such relationships. You, and not Zhoosh, are solely responsible for any endorsements or testimonials you make regarding any product or service through the Software or Services, including the accuracy, truthfulness, or any other aspects of your endorsements. Zhoosh is not responsible for any potential legal issues or negative consequences that may arise from your endorsements.
5. Experience Points Program
Any Virtual Items that are given to you by users are converted in your Account Balance to, and are referred to herein as, Experience Points (“Experience Points”). Notwithstanding your receipt or possession of Experience Points, you acknowledge and agree that the amounts of any Experience Points in your Zhoosh account do not refer to any credit balance of real currency or its equivalent until withdrawn.
Any giving of a Virtual Item by a user of the Software to an Expert Stylist is made solely at the User's discretion. Zhoosh merely facilitates the collection and transmission of the Virtual Items to the Expert Stylist and shall not be deemed as acting as an agent in procuring or providing the Virtual Items. Zhoosh also retains no actual or apparent authority to contract on behalf of either any user of the Software or Expert Stylist to effectuate the giving of Virtual Items. The sole contractual rights arising as between the Expert Stylist and the User are granted in this Agreement and the Terms of Use and nothing in this Agreement or the Terms of Use shall be read to imply that a right or obligation is provided with respect to Zhoosh as to the giving of Virtual Items.
You acknowledge that the ratio of Virtual Items to Experience Points is detailed on Zhoosh's Service (as amended). By your use of the Software to create and publish Expert Stylist Content, you confirm your understanding and acceptance of the then-current ratio of Virtual Items to Experience Points at the time of their redemption.
Any Experience Points balance shown in your Zhoosh Account does not constitute a real world balance or reflect any stored value. When you ask to redeem your Experience Points, you acknowledge and agree that you shall pay any applicable charges, including taxes and fees related to your redemption. Completed transactions of Virtual Items to Experience Points are confirmed upon receipt of payment, absence of a refund, and the provision of content by Expert Stylists, taking into account its compliance with the Expert Stylists' Guidelines. You may not redeem more than 500 Experience Points (or such other amount as may be determined from time to time by Zhoosh in accordance with its policies and procedures) per day. Zhoosh reserves the right to temporarily confiscate from your Zhoosh account any unredeemed Experience Points in the event that Zhoosh determines, in its sole discretion, that you have not logged in to your Zhoosh account during a period of 30 days. Any confiscated Experience Points will be reinstated in your account on return and request to Zhoosh. In addition, you will not be able to redeem Experience Points if your access to the Software has been suspended, limited or terminated by you or by Zhoosh.
Zhoosh may, at its sole discretion, reject any attempted redemption and withhold any funds related to your Zhoosh Account if it has a reason to believe that: (i) you have breached this Agreement or the Terms of Use; (ii) your Account is related to fraudulent activity; (iii) your Account or Expert Stylist Content are related to illegal activities; or (iv) the electronic transfer of funds by the User to Zhoosh was not successfully completed for any reason.
In the event your Zhoosh Account Balance with respect to Experience Points is incorrect due to system maintenance or other technical failures as determined by Zhoosh in its sole discretion, Zhoosh will use commercially reasonable efforts to correct your Zhoosh account balance. You may contact us regarding your Zhoosh Account Balance at support@zhoosh.ai.
You are solely responsible for paying all federal, state and other all types of taxes (direct or indirect taxes) related to your Experience Points, funds or withdrawal in accordance with all applicable laws. In case we are entitled to withhold any tax or duty on behalf of you, we may send you federal or state tax forms and/or other appropriate form(s). In that case, we may withhold from you any amount required to be withheld by applicable laws, including amounts due in connection with your failure to complete relevant tax documentation.
Zhoosh takes fraud seriously. Please note that in addition to taking any desirable or necessary legal action, Zhoosh reserves the right to terminate your use of the Software and Service and/or to permanently confiscate any Experience Points from your Zhoosh account that it determines, in its sole discretion, were acquired using fraudulent or otherwise improper means. This includes confiscation of any Experience Points which have been converted from Virtual Items received by you from another user in which such Virtual Items were purchased or received fraudulently. Zhoosh will notify you prior to such confiscation in order to provide an opportunity for you to make an appeal via the Service; provided, however, that Zhoosh’s determination, in its sole discretion, shall be final and binding on you.
Any amounts confiscated from you in accordance herewith shall be reduced from your Experience Points balance.
7. General
Sections 17-18 of the Terms of Use apply to this Agreement, insofar as applicable in the context of this Agreement.
8. Contact Us
If you have any questions about this Expert Stylist Agreement or the Software, please contact us at: support@zhoosh.ai.
