Agreement is a reference to the contract between you and us as evidenced in these Terms and Conditions and any other documentation that we may provide to you;
Blogger, you, your and yours is a reference to a person or entity who writes and posts content on social media websites on specific subjects and who registers with us to offer blogging services to Brands;
Brand, you, you and yours is a reference to a business entity which sells and markets goods and services using a trade mark, logo or style which it wishes to develop and promote on social media networks;
Content is a reference to any material including but not limited to photographs, information, data, software, videos, text, music, sound, graphics, messages posted by you or other users on our Website;
Content and Listing Guidelines is a reference to the guidelines issued from time to time by us to Bloggers and Brands as displayed on the Website and in these Terms and Conditions;
Membership Services means the services we offer to Bloggers and Brands to display their profile, locate Brands and Bloggers, promote their services and to seek jobs on the Website;
we, us and our are references to The Blogger Programme Limited; and
Website is a reference to the website, http://www.thebloggerprogramme.com/, which is run and operated by us and on which these Terms and Conditions are displayed.
2. Registering with Us
In order to use our Membership Services you must first register with us on the sign up page on our Website – http://www.thebloggerprogramme.com/signup/.
We provide a venue for you to locate Bloggers and Brands. We do not process payment transactions between a Blogger and a Brand and the contract for the provision of Services by a Blogger is between the Brand and the relevant Blogger and not with us. By registering with us you agree to be bound by these Terms and Conditions and to the Content and Listing Guidelines displayed in these Terms and Conditions and elsewhere on the Website from time to time.
Membership is free of charge to Bloggers but there is a monthly fee which is payable by Brands. Brands must pay for membership at the time of becoming a member.
You must be 18 years or over in order to receive the Membership Services.
You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of registration and are not false or misleading or misrepresent your identity. You must provide us with valid and complete contact details and a valid email address. Any material changes to this information must be notified to us as soon as possible. You will be sent an email containing a link to activate your account. Once you have activated your account you may then set up your profile. Any username you choose to use must not be offensive or obscene and must meet the requirements displayed on the Website. You may upload a photo gallery which must meet our requirements. All photos must have a maximum resolution of no more than 380×380 pixels, in JPG, JPEG, PNG or GIF image format. Photos may be altered by us to fit the current accepted picture size.
You agree that in becoming a Blogger we may, either by ourselves or through a third party: approach Brands to obtain feedback on the services that you have provided, and publish feedback and ratings on you obtained from Brands on our Website. (We cannot be held liable for any derogatory or negative feedback received from Brands. If the majority of feedback is negative then we may remove you as a Blogger.)
Bloggers are encouraged to post reviews on Brands. Any feedback provided by a Brand about work undertaken by a Blogger may be published by the Blogger.
For the avoidance of doubt, Bloggers and Brands do not receive protection afforded under the Consumer Protection (Distance Selling) Regulations 2000 and the Sale of Goods and Supply of Services Act, 1979 as amended in relation to this Agreement.
You may cancel your membership with us at any time by selecting the “Cancel” icon within your account. No refunds will be made for unused Membership Service periods.
3. Content and Listing Guidelines
Your details may be uploaded onto our Website using the online template provided on the sign-up page. The completed template may be reviewed by us (and may be amended) to ensure that it is in compliance with the Content and Listing Guidelines prior to being displayed on our Website. The decision to list a Blogger or a Brand is at our absolute discretion and we may refuse to do so where we consider in our absolute discretion that the Blogger or Brand is not suitable for the Website or our business.
Brands may also upload details of opportunities and jobs available with it on the relevant pages. Details of competitions run by Brands may also be uploaded to the site. When you upload Content to the Website you agree to follow these guidelines. A failure to do so will result in cancellation of your membership and you will no longer be entitled to use the Membership Services. In some cases a failure to follow these guidelines may result in you being reported to the police.
A Blogger must be legally capable of offering its services to Brands through the Website. The Brand must have full legal authority to advertise and promote jobs, opportunities and competitions.
No pornographic or obscene Content should be displayed on the Website nor should any Content be designed to incite violence or racial hatred or contravene any law or regulation. A Blogger must ensure that its description of the services it provides is not false, inaccurate or misleading and complies with the British Code of Advertising Practice in all respects. Full and accurate information concerning the blogging services should be provided along with details of its fees and other pertinent information. Any description or Content posted by you must not include any hyperlinks unless specifically authorised by us in writing. You must not infringe someone else’s copyright or intellectual property when uploading Content. You should not use any names, logos and trademarks unless owned by you or are used by you under licence. You must be legally entitled to display any graphics used in connection with the Content. We reserve the right to alter, amend or withdraw any Content at any time where we consider it appropriate to do so. For Brands that are listing a job or opportunity the following items are prohibited from being listed as wanted on our Website and we reserve the right to immediately suspend the listing and where appropriate, ban users who deliberately breach our terms – advertise jobs which are inappropriate to the job boards on the Website which shall include seeking employees for a job of a sexual nature; promote any opportunity that does not represent bona fide employment or which involves pyramid selling, franchising, distributorship or other agency relationship; advertise sexual services; advertise or promote any illegal or unlawful product or service; or promote any political, ethnic, racial or religious organisation or belief; We reserve the right to review and approve all Content uploaded to our Website at any time. We may decide, without notice to you, to remove, amend or delete any Content or listing where we consider at our sole discretion that such Content or listing is either bogus or in breach of these Terms and Conditions. When using our Website and our Membership Services you shall not:
- send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- interfere with or disrupt the integrity or performance of the Website or the data contained therein, or our servers or networks;
- attempt to gain unauthorised access to the Website or its related systems or networks or to any other computer system or website; or
- take any action that imposes an unreasonably or disproportionately large load on our system. You must not use the Website or the Membership Service for spamming, unsolicited or unauthorised advertising, “chain letters” or sending unsolicited, abusive or threatening emails to users. You are not permitted to sell or place advertising on your portfolio page or any other page of our Website.
You cannot publish the contact details of another user on the Website.
You may only modify or add Content to the Website where specifically permitted. Under no circumstances may you block, obscure, overwrite or modify any content or pages generated by us. All other site locations or components of our Website pages are strictly for our use.
We reserve the right to alter, amend or withdraw any job board or posting at any time where we consider it appropriate to do so.
4. Communications between Brands and Bloggers
Neither Brands nor Bloggers are permitted to make unsolicited phone calls or send unsolicited mail or texts, email or newsletters to other Brands or Bloggers listed on the Website or to contact any individual by any other means without express permission from the individual. All contact between Brands and Bloggers must initially take place through the facility available on the Website. Due to the nature of the Website we do not verify the Content and validity of Bloggers or Brands which are uploaded to the Website.
Individuals posting Content do so in the knowledge that this will be on public display and that the Content will be viewed and distributed by or to third parties. You should exercise the usual caution when arranging to meet either a Blogger or a Brand for the first time. It is recommended that the first meeting is in a public place. Meetings are arranged entirely at the discretion of the Brand and the Blogger.
We do not get involved in any payment transactions made between the Brand and the Blogger.
5. Prices and Payment for Brands
Brands are required to pay a non-refundable monthly subscription fee on registering to become a member. The applicable subscription fee is displayed on the Website and is correct at the time of publication. We reserve the right to alter our subscription fee rates in the future. Fees quoted are exclusive of value added tax which may be added to your order. Upon the expiry of your monthly subscription, we will automatically bill you for the following month using the same credit/debit card details you provided to us unless you have notified us in writing that you no longer wish to use the Membership Services.
By making a payment you are agreeing to the immediate delivery of our Membership Services and you will be unable to obtain a refund should you later wish to cancel your membership. No refunds will be provided for unused periods of service.
Complaints made by Brands concerning the blogging services provided by the Blogger must be dealt with between the Blogger and the Brand fairly, promptly and reasonably. In the event of a dispute between a Brand and a Blogger concerning services sold by the Blogger we will liaise with both parties to try to resolve the dispute amicably and any decision we make concerning the dispute shall be binding on both parties.
7. Membership Cancellation
You may cancel your membership at any time by clicking the “cancel” button within your account which you may do at any time. You will not be entitled to a refund of any membership fee that you may have paid. We reserve the right to cancel or suspend your membership or authority to use our Website at any time should we reasonably consider or suspect that you have acted in breach of these Terms and Conditions or the Content and Listing Guidelines.
8. Intellectual Property Rights
Ownership in, and all rights created in relation to the contents of this Website vest in us absolutely unless otherwise indicated. The collection, arrangement and assembly of all content on the Website is the exclusive property of The Blogger Programme Limited and is protected by copyright. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our Website except where expressly invited to do so or indicated on our Website. You are not permitted or licensed to reproduce, copy or use in any way the trade marks, logos and other intellectual property rights that we own except as expressly set out in these Terms and Conditions. You warrant that you are the legal owner of the intellectual property rights in any Content that you display on our Website. You retain any intellectual property rights in the Content that you post to the Website and you grant to us, our successors and assigns, an irrevocable, perpetual, royalty free, worldwide, non-exclusive, fully paid licence to reproduce, copy, translate, distribute, commercially exploit or otherwise use such Content.
9. Your Information
Where we have requested information from you to provide the Membership Services, you agree to provide us with accurate, up to date and complete information. We reserve the right to verify with third parties the accuracy of information that you provide to us. You authorise us to use, store or otherwise process your personal information in order to provide the goods or services to you and for marketing and credit control purposes (the “Purpose”). The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the Membership Services to you.
10. Linked Sites
There may be a number of links on our Website to third party Websites which we believe may be of interest to you such as insurance companies. We do not represent the quality of the goods or services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party Websites or the services or goods that they may provide to you.
11. Limitation of Liability and Indemnity
We disclaim any and all liability to you for the supply of the Membership Services we provide to the fullest extent permissible under applicable law. If we are found liable for any loss or damage to you such liability is limited to the amount of any fees the Promoter may have paid to us in the year in which the claim has arisen. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss or damage to goodwill, loss or damage to property and/or loss from claims of third parties arising out of the use of the Website or for any services we may provide to you. We shall not be held liable for any misrepresentations other than fraudulent misrepresentations. Your use of the Website and the Membership Services is without any warranty or guarantee and is entirely at your own risk. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.
We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy We shall not be held liable for any failure or delay in performing this Agreement where such failure arises as a result of any act or omission which is outside our reasonable control such as an act of God or those of third parties.
Disclosing personal information to users is entirely at your own risk and we accept no liability for any loss, damage, cost or expense you may incur as a result.
You hereby agree to fully indemnify us on demand and hold us harmless against any losses, damages, costs (including all reasonable legal and administrative costs) and expenses, including all consequential losses such as loss of profit, loss or damage to goodwill or reputation, and/or loss from claims by third parties suffered or incurred by us as a result of
- your breach of these Terms and Conditions,
- the supply or failure to supply the services to a Brand,
- the job or opportunity which you have promoted on the Website,
- the Content which you have uploaded to the Website and/or
- your improper use of the Membership Services or your breach of any law or the rights of a third party.
We may subcontract any part or parts of our performance of this Agreement from time to time and we may assign or novate any part or parts of our rights and obligations under this Agreement without your consent or any requirement to notify you. These Terms and Conditions may be varied without notice to you. Any changes will be published on our Website and will take effect from the date of publication. You should check the Website periodically to ensure that you are familiar with any updates or variations. We reserve the right to cancel or suspend this Agreement or your authority to use our services or our Website at any time should we reasonably consider or suspect that you have acted in breach of these Terms and Conditions or the Agreement; should we reasonably consider or suspect that you have damaged or harmed (or intend to damage or harm) our reputation or goodwill; if a Brand is declared bankrupt or insolvent or a petition is granted for its winding up or makes any arrangement with or for the benefit of its creditors; or where we have received negative feedback from a Brand concerning you, or the blogging services provided by you. This Agreement constitutes the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision, these Terms and Conditions shall prevail. If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition. These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales. No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing. It is not intended that the undertakings and obligations of the parties set out in this document shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.
updated: Jan. 23, 2017