Creative Partner Terms & Conditions
CREATIVE PARTNER TERMS AND CONDITIONS
Version number: 1.01
Effective date: October 2021
1. Who we are
1.1. We are The Office Rocks Ltd trading as “Bump, Baby & You”. Our company information is at the end of this document.
2. What this is all about
2.1. These are our terms and conditions which apply to Creative Partners (explained below). We’ve tried to make them user-friendly. Please read them carefully and save a copy as we don’t file a copy specifically for the transaction with you. They’re available in English only.
3. Some definitions
3.1. Here are some definitions which are used in this document (all capitalised):
- “Consumer” - an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
- “Content” - all information of whatever kind (including profiles, blogs, posts, comments, images, photos, audio, video, messages) displayed, stored or sent on or via our Service.
- “Creative Partner” – anyone using our Service as a blogger or influencer.
- “Service” – the service we offer by means of our website, our mobile app and any related services.
- “User” – people or organisations using our Service (whether or not registered with us).
4. How you enter a legal contract with us
4.1. Your request to become a blogger on our Service or to join our influencer network is an offer to enter a legal contract with us. We accept your offer and there is a binding legal contract if and when we send you a confirmation email.
4.2. If you are an influencer, this contract is separate from any contract that we may enter with you to supply influencer services.
4.3. We reserve the right in our discretion for any lawful reason to refuse any request to use our Service.
5. Changing these terms and conditions
5.1 We may change these terms and conditions by giving you at least 15 days’ notice unless a more urgent change is needed to comply with law/regulation or to deal with an unforeseen and imminent danger. We will notify you by posting the new version on our website and, if the changes are important, by email.
5.2 If you don’t agree to the new terms, you should end this contract as explained below before the new terms take effect.] Otherwise, the new terms will apply.
6. Behaviour when using our Service
6.1.You agree not to do any of the following in connection with our Service:
- break the law or infringe anyone else’s rights;
- send, store, display or link to unlawful, infringing or otherwise inappropriate Content;
- victimise or harass other people;
- use offensive, pornographic obscene, abusive, discriminatory or other inappropriate language or images;
- deceive or mislead anyone;
- send, store, display or link to any Content that includes someone else’s personal information unless that person is 18 years or over and you have obtained their written consent;
- use our Service with a view to competing with us or infringing our rights;
- disrupt our Service, e.g., spam, viruses or phishing;
- interfere with or damage our Service or gain unauthorised access to any part of our system, data, passwords or otherwise;
- intercept or modify communications;
- impose an unreasonable load on our Service;
- get around any security features including those designed to stop copying of Content; or
- attempt, encourage or assist any of the above.
6.2. You agree to:
- comply with the guidance/requirements on our Service;
- cooperate reasonably with us in relation to our Service; and
- ensure that any contact or other information that you supply to us is accurate and not misleading and you will tell us if there are any important changes.
7. Your Content (e.g., blogs and profiles)
7.1. You are responsible for your Content.
7.2. You agree that you have (and will keep) all rights needed to enable us to use your Content as contemplated by the Service and these terms and conditions.
7.3. We are allowed without telling you:
- to reject, suspend, alter, remove or delete Content for any reason and to disclose to the police or other relevant authorities or to a complainant any Content or behaviour provided we are legally permitted to do so; and
- to edit the text or layout of your Content to ensure it complies with our terms and conditions and otherwise in accordance with how we think it should appear on our Service. Even if we edit your Content, you remain solely responsible for it, so please monitor it carefully.
7.4. You can ask us to remove your displayed Content at any time by email to our email address shown below.
7.5. We are not legally responsible if your Content is misused by others. You must take reasonable care when deciding which Content to display on or send via our Service.
7.6. We may place advertisements near or within your Content. If so, we retain all revenue from such advertisements.
7.7. We do not guarantee that your Content will generate any particular benefits for you.
7.8. It is your responsibility to make your own frequent backups of Content if you want protection if it is lost or damaged. We are not responsible for such loss or damage.
8. If you are a blogger…
8.1. You agree that you aren’t entitled to any payment for your blog.
8.2. You agree not to include any advertising or affiliate/marketing links in your Content except that, if we agree, you are allowed to include a link to your own blog or website.
8.3. You must prominently disclose any financial or other interest that you may have in relation to the subject of your blog.
9. If you are an influencer …
9.1. You agree that, during this agreement and for 12 months thereafter, you will not without our prior written consent directly or indirectly contract to supply influencer-type services with anyone that we introduce to you in connection with the possible use of your influencer services.
10. Dealing with other Users
10.1. We don’t endorse or recommend any Users or their Content. You deal with other Users at your own risk. We are not legally responsible for the accuracy of, or otherwise in relation to, any such Content or for any dealings between Users. Where appropriate, you are responsible for investigating other Users before dealing with them. Don’t assume that any Content from another User is accurate and be aware that people may not be who they claim to be.
10.2. You accept that when using the Service you may encounter behaviour or Content which you think is inappropriate. If so, please email us to our email address shown below (including if you wish to give us notice of defamatory material). Please also use any available blocking mechanisms, seek relevant external help If appropriate (e.g., from law enforcement authorities) and/or stop using the Service.
11. Other peoples’ services / advertising / websites
11.1. We may display other peoples’ services, advertising and /or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.
12. Our guidance
12.1. If we ourselves provide any guidance or other general information on or via our Service, we do not guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.
13. Your account on our Service
13.1. Unless otherwise specifically stated on our Service, your account is for your personal use only. You must not allow any other person to use your account unless we specifically say otherwise. You agree to take reasonable care to keep your login information confidential and to tell us immediately of any apparent breach of security such as loss or misuse of a password. You are responsible for other people who use your account or identity (unless and to the extent that we are at fault).
14. Ending or suspending this contract
14.1. You are entitled to end this contract at any time by emailing us to the address shown below.
14.2. We are entitled to end or suspend this contract at any time and for any reason.
14.3. If this contract ends:
- The termination does not affect any separate pending influencer contracts.
- Your right to use our Service and all licences are terminated.
- We will delete your Content displayed on our Service.
- Existing rights and liabilities are unaffected.
- All clauses in this contract which are stated or intended to continue after termination will continue to apply.
15. If our Service doesn’t work properly
15.1. We do not guarantee that the Service will be uninterrupted or error-free and we are not responsible for any losses arising from such interruptions or errors. We are entitled, without notice and without liability to suspend the Service for repair, maintenance, improvement or other technical reason.
15.2. You acknowledge that technology is not always secure and you accept the risks inherent in use of the Internet or other technology for the purpose of the Service.
16. Restrictions on our legal responsibility – very important
16.1. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.
16.2. If you are a Consumer, we shall not be liable for any loss or damage where:
- there is no breach of a legal duty owed to you by us;
- such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
- (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
- such loss or damage relates to a business of yours.
16.3. If you are a Consumer, you will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement or misuse of our Service.
16.4 The following clauses apply only if you are not a Consumer:
- In no event (including our own negligence) will we be liable for any of the following (even if we have been advised of the possibility of any such losses): economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special, indirect or consequential losses; or damage to or loss of data.
- You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.
- To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
- This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
17. Intellectual property rights (e.g., copyright)
17.1. If you supply Content for display on our Service, you retain ownership of the intellectual property rights. You allow us, at no cost and for so long as this contract lasts, to use and adapt all or part of such material however we wish on our Service as well as on other channels including social media, including to enhance, redistribute and/or promote our Service. You waive your “moral rights” in relation to such Content to the extent legally allowed. You also allow each User to use your Content in accordance with these terms and conditions. You give us the right to take any legal action we think necessary if there is an infringement of the intellectual property rights in your Content.
19. Things we can’t control
19.1. We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.
20. Transferring this contract to someone else
20.1. We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
21. English law and courts
21.1. This contract is under English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a Consumer to rely on such mandatory provisions of local law.
22. General but important information
22.1. We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement make any party as agent, employee or representative of the other.
23.1. If you have any complaints, please contact us via the contact details shown below.
24. Company information
24.1. Company name: The Office Rocks Ltd
24.2. Trading name: “Bump, Baby & You”
24.3. Country of incorporation: England and Wales.
24.4. Registered number: 08857352
24.5. Registered office and trading address: International House, 64 Nile Street, London N1 7SR, UK
24.6. Contact email address: firstname.lastname@example.org
24.7. Other contact information: See our website.
24.8. VAT number: GB217116243