GUYBRUSH LIMITED
TRADING AS “AGORA”
GENERAL TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE PLATFORM

The following general terms of use and legal information (hereinafter “Terms of Use”) govern the use and access to the website​ and the corresponding mobile application AGORA (hereinafter referred to collectively as “the Platform”).

What's in these terms?

These terms tell you the rules for using our Platform.

Who we are and how to contact us

The Platform is operated by Guybrush Limited ("We"). We are registered in England and Wales under company number 11780909 and have our registered office at 2, Eastbourne Terrace, Paddington, London, W2 6LG United Kingdom.

AGORA is a beauty content social network that aims to provide community members (hereinafter “Users”) a platform and method for creating and sharing videos of their beauty and wellness products and for discovering new products to buy or redeem.

To contact us, please email or telephone us at [email protected].

By using the Platform you accept these terms

By using the Platform, you confirm that you accept these Terms of Use and that you agree to comply with them.

If you do not agree to these Terms of Use, you must not use the Platform.

There are other terms that may apply to you

These Terms of Use refer to the following additional terms, which also apply to your use of the Platform:

We may make changes to these terms

We amend these Terms of Use from time to time. Every time you wish to use the Platform, please check these Terms of Use to ensure you understand the terms that apply at that time. These Terms of Use were most recently updated in April 2021.

We may make changes to the Platform

We may update and change the Platform from time to time to reflect changes to our Users’ needs and our business priorities. In particular, we reserve the right to modify at any time without prior notice, the structure, configuration and design of the Platform.

We may suspend or withdraw the Platform

The Platform is made available free of charge.

We do not guarantee that the Platform, or any Content on it, as defined in the section entitled “Who is responsible for Content on the Platform”), will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

Who may use the Platform

No one under the age of 15 may create and account on the Platform. If we believe that an account holder may be under 15 years old, we reserve the right to require you to provide evidence of your age and to terminate your account in the event that you are under 15.

Failure to provide truthful information when registering an account constitutes a breach of the Terms of Use, which may result in immediate termination of your account on the Platform.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable your account or any user identification code, username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

If you know or suspect that anyone other than you knows your user identification code, username or password, you must promptly notify us on [email protected].

How to terminate your account

In order to terminate your account, you can do so at any time by sending an email to [email protected]​. The email should include your mobile number, email address used to submit your Content, as defined in the section entitled “Who is responsible for Content on the Platform”, and full name.

We may terminate your account

We may terminate or suspend your account immediately, without prior notice or liability, if you breach these Terms of Use, Community Guidelines, Coins and Product Redemption Policy, or other internal policies.

Who is responsible for Content (as defined below) on the Platform

The Platform allows you to post and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Platform, including its legality, reliability, and appropriateness.

Whenever you upload Content to the Platform, or make contact with other Users of the Platform, you must comply with the Content standards set out the section entitled “User-generated Content respects the rights of others”.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any Content you upload to the Platform will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Content, but, by posting Content to the Platform, you grant us, other Users of the Platform and third parties a royalty-free, perpetual, worldwide, irrevocable, unconditional, fully transferable, non-exclusive licence to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute in any language and to authorise others Users of the Platform and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your Content in any format and on any platform, either now known or hereinafter invented. You grant AGORA this licence subject to your rights to have Content removed, as explained in the Privacy Policy. Modifying could include but is not limited to translating, resizing (for technical purposes, for example making sure your Content is viewable on any device), watermarking or changing the product tag, as deemed appropriate in our sole discretion. This is a licence only, as your ownership in your Content is not affected, so you may continue to use and share it on other platforms for your own purposes.

By posting Content to or through the Platform, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any Content you post to or through the Platform.

We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to the Platform constitutes a violation of their intellectual property rights, or of their right to privacy.

You represent and warrant that: (i) the Content you post to the Platform is yours (you own it) or you have the right to use it and grant us the rights and licence as provided in these Terms of Use, and (ii) the posting of your Content on or through the Platform does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person, and (iii) the relevant Content does not contain any misrepresentation or suggestion that you have the approval or sponsorship of any other entity which you do not have, and (iv) any and all opinions and views stated in the relevant Content are genuinely held by you; and (v) the Content you post to the Platform is not used in a manner which is prohibited under the section entitled “User-generated Content respects the rights of others” .

User-generated content is not approved by us

The Platform includes Content uploaded by other Users of the Platform. This Content has not been verified or approved by us. The views expressed by other Users on the Platform do not represent our views or values.

If you wish to complain about Content uploaded by other Users please contact us by email at [email protected]​.

User-generated Content respects the rights of others

You may not use the Platform, or enable anyone else to use it, in a manner that:

We do not monitor or control Content. Notwithstanding the foregoing, we reserve the right to cancel, withdraw or not to publish, at any time and without notice to you, any Content we deem, in our sole discretion, as unsuitable or that violates these Terms of Use, the law or any rights of third parties.

If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in the Platform, and in the material published on it, including without limitation the Content of other Users. Those works are protected by trademark and copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal use and you may draw the attention of others to Content posted on our site.

You must not modify the paper or digital copies of any materials or Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors or Users) as the authors of Content on the Platform must always be acknowledged.

You must not use any part of the Content on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials, or Content, you have made.

Do not rely on information on the Platform

Although we make reasonable efforts to update the information on the Platform, we make no representations, warranties or guarantees, whether express or implied, that the Content on the Platform is accurate, complete or up to date.

We do not represent that Content available on or through the Platform is appropriate for use or available in locations outside of the United Kingdom.

We are not responsible for websites we link to

Where the Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

COINS AND PRODUCT REDEMPTION POLICY

AGORA rewards you, the User, for submitting Content, inviting your friends and other behaviors. Rewards will be given in the form of virtual coins or incentives to be used on the AGORA mobile application. We reserve the right to revoke coins or suspend your account should we suspect you of unacceptabl behaviour. Please see details of Coins and Product Redemption Policy.

Please note that product redemption is optional. By redeeming your virtual coins for product, you acknowledge and agree that we might share your personal data with the third party who is providing those products to us as well as to any fulfillment agent.

Our responsibility for loss or damage suffered by you

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy​.

We are deeply committed to compliance with personal data protection regulations and hereby guarantee full compliance with the obligations set forth, as well as the implementation of the security measures provided for in the European Data Protection Regulation. For more information, please see our ​Privacy Policy​

Rules about linking to the Platform

You may link to the Platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to the Platform in any website that is not owned by you.

The Platform must not be framed on any other site, nor may you create a link to any part of the Platform other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of Content on the Platform other than that set out above, please contact [email protected].

Affiliate Partners

As an AWIN Affiliate Publisher, AGORA earns from qualifying purchases from ASOS and Look Fantastic, a part of The Hut Group.

Which country's laws apply to any disputes?

These Terms of Use, their subject matter and their formation and any disputes, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction in connection with any matters or disputes relating to these Terms of Use.