12, July 2024

Agreement

This is an agreement between you and Blog Collabs (“we,” “us,” “Blog Collabs” or “our”). By signing up and accepting these Terms of Service set forth below (as amended from time to time, the “Terms of Service”), by visiting our website, blogcollabs.com (the “Website”) or by using the Platform (as defined below), you acknowledge that you are a user of the Platform for commercial purposes (“Client” or “Sponsor”), and in either instance, you have the authority to enter this agreement and that you have read it, understand it, and agree to be bound by its terms and conditions.

Platform Services

Service Description

Blog Collabs provides a platform that connects bloggers, influencers, and brands, facilitating the creation and collaboration of engaging content for marketing campaigns.

Access

Access to the Platform is subject to the Sponsor’s compliance with these Terms of Service. Sponsors must sign up and comply with the code of conduct set out below. Blog Collabs will make the Platform available to Sponsors as per these terms.

Suspension of Access and Modification

Blog Collabs may, at its discretion and without limiting its other rights or remedies:

  1. Suspend the Sponsor’s access to or use of the Platform.
  2. Make any modifications to the Platform.

Account Terms

Eligibility

Sponsors must be over the age of majority in their jurisdiction of residence and capable of forming legally binding contracts. Sponsors must ensure that using the Platform and Services is permitted by law in their jurisdiction. If the Sponsor is a corporation, partnership, association, or other business entity, they must have the authority to bind the entity to these Terms of Service.

Account Term

The account term starts immediately after sign-up and continues until the Sponsor’s account is closed by either the Sponsor or Blog Collabs.

Account Information

Upon sign-up, Sponsors are required to provide accurate and complete information, including but not limited to:

  • Name
  • Email address
  • Website URL

Sponsors must ensure that all information provided is up-to-date and accurate at all times.

Account Termination by Blog Collabs

Blog Collabs may terminate, suspend, or restrict access to the Platform and take technical and legal steps to prohibit the Sponsor from using the Platform for any reason without prior notice.

Compliance with Applicable Laws

Sponsors must ensure that all content complies with applicable laws, including the requirement for content creators to label their content as advertising in line with joint Advertising Standards Authority (ASA) and Competition and Markets Authority (CMA) guidance. Sponsors should consult their professional legal advisors to ensure compliance with all applicable jurisdictional laws.

Grant of Rights and Ownership

Ownership of Platform

All content, data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names, logos, trade dress, patents, copyrighted or copyrightable materials, and other information contained in or made available through the Platform and Services are proprietary to Blog Collabs, its affiliates, and/or third-party licensors. This content is protected by international copyright and trademark laws and is confidential information of Blog Collabs. Sponsors may only use the content for purposes related to receiving the Services during the term of these Terms of Service.

Rights Granted to Blog Collabs

Sponsors grant Blog Collabs a non-exclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, and communicate the Sponsor’s name and trademark as a user of the Platform or Services in any media, including marketing materials, during and after the term of these Terms of Service.

Privacy and Confidentiality

Privacy

Sponsors understand that personal information will be treated in accordance with Blog Collabs’ privacy policy located at https://blogcollabs.com/privacy-policy/.

Confidential Information

In connection with or as a result of entering into these Terms of Service, both Sponsor and Blog Collabs will share and receive confidential information, which includes details about the other party’s past, present, or future customers, suppliers, technology, business operations, marketing and consumer research, market potential information, consumer data, clinical data, formulas, product applications, potential consumer use information, operating plans, financial data, business and/or marketing plans, forecasts, designs, prototypes, concepts, as well as all data compilations, analyses, conversations, discussions, descriptions, and expressions of opinions (collectively, “Confidential Information”).

Exclusions

Confidential Information does not include information that:

  1. Was publicly known and made generally available in the public domain prior to the time of disclosure.
  2. Becomes publicly known and made generally available through no action or inaction of the other party.
  3. Is obtained by the other party from a third party without a breach of such third party’s confidentiality obligations.
  4. Is independently developed by the other party without use of or reference to the Confidential Information, as demonstrated by competent evidence in the other party’s possession.

Confidentiality Obligations

Sponsor and Blog Collabs agree that during the term of these Terms of Service and at all times thereafter they will not, except to exercise their rights or perform their obligations under these Terms of Service:

  1. Disclose Confidential Information of the other party to any person, except to their own personnel or affiliates who have a “need to know” and who have entered into written agreements that are no less protective of such Confidential Information than these Terms of Service, and to such other recipients as the other party may approve in writing.
  2. Use Confidential Information of the other party.
  3. Alter or remove any proprietary legends from the other party’s Confidential Information.

Sponsor and Blog Collabs will take industry-standard precautions to safeguard Confidential Information, ensuring that these precautions are at least as stringent as those taken to protect their own Confidential Information of a similar nature.

Warranties

Sponsor represents and warrants that:

  1. Sponsor has the full authority and legal capacity to enter into these Terms of Service and any related agreements, and, if applicable, the individual accepting these Terms of Service on its behalf has the authority to bind the entity.
  2. Sponsor has obtained all necessary rights, permissions, and waivers to grant the rights outlined in these Terms of Service. The use of any content provided to Blog Collabs does not infringe on third-party rights.
  3. Sponsor will comply with all applicable laws, rules, regulations, and guidelines related to advertising, marketing, competition, consumer protection, and privacy.
  4. Sponsor is responsible for the content and conduct of its campaigns, ensuring that any claims about its products or services are truthful and comply with all applicable advertising laws and regulations.

Any breach of these warranties may result in the immediate termination of the Sponsor’s account and access to the Platform and could subject the Sponsor to legal liability.

Disclaimer

The Platform provided by Blog Collabs are supplied “as is” and “as available”. To the fullest extent permitted by applicable law, Blog Collabs disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Blog Collabs does not guarantee that the Platform or Services will meet the Sponsor’s requirements or be uninterrupted, timely, secure, or error-free.

Blog Collabs does not control, endorse, or take responsibility for any content created or posted by Creators/Influencers on the Platform. The views and opinions expressed by Creators/Influencers are their own and do not reflect those of Blog Collabs.

Blog Collabs makes no representations about the accuracy, reliability, completeness, or timeliness of any content or information provided through the Platform. Any reliance on such content or information is at the Sponsor’s own risk.

The Platform may contain links to third-party websites or services that are not owned or controlled by Blog Collabs. Blog Collabs has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Access to and use of any third-party websites or services are at the Sponsor’s own risk.

Limitation of Liability

Blog Collabs shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

  1. The Sponsor’s access to or use of or inability to access or use the Platform.
  2. Any conduct or content of any third party on the Platform.
  3. Any content obtained from the Platform.
  4. Unauthorised access, use, or alteration of the Sponsor’s transmissions or content.

Entire Agreement

These Terms of Service represent the entire agreement between Sponsor and Blog Collabs and cannot be overridden by terms contained in any later received document unless the additional terms are accepted in writing by both Sponsor and Blog Collabs.

If the Sponsor has any questions or comments regarding these Terms of Service, please contact Blog Collabs at sacha@blogcollabs.com.

Agreement

This is an agreement between you and Blog Collabs (“we,” “us,” “Blog Collabs” or “our”). By clicking on the button accepting these Terms of Service set forth below (as amended from time to time, the “Terms of Service”), by visiting our website, blogcollabs.com (the “Website”), or by using the Platform, you acknowledge that you are a user of the Platform for commercial purposes (“Creator”), and that, whether as an individual or a representative of an entity, you have the authority to enter into this agreement. You further confirm that you have read, understood, and agree to be bound by its terms and conditions.

Eligibility

If the Creator is an individual, the Creator must be over the age of majority (18 years or older) in their jurisdiction of residence and capable of forming legally binding contracts to sign up and be accepted by Blog Collabs. The Creator is solely responsible for ensuring that the use of the Platform and Services in accordance with these Terms of Service in their jurisdiction of residence is permitted by law or regulation. If such use is not permitted by applicable law, Blog Collabs prohibits all use and access to the Platform and Services. If the Creator is a corporation, partnership, association, or other business entity, the Creator agrees that they have the authority to bind the corporation, partnership, association, or other business entity to these Terms of Service.

Account Sign Up

Upon sign-up, Creators are required to provide accurate and complete information, including but not limited to:

  • Name
  • Website URL
  • Email Address
  • Topics (What niches does your blog cover)

Creators must ensure that all information provided is up-to-date and accurate.

Services Provided

Blog Collabs provides a platform to help social media celebrities, influencers, and creators (i.e., Creators) connect and collaborate with brands, advertisers, and marketing agencies (“Sponsor” or “Client”) to create content for sponsored marketing campaigns.

Compliance with Applicable Laws

In certain jurisdictions, the law requires Creators to identify when posts are paid for, or when other compensation is given, by a Sponsor (which compensation may include payments in cash, free or discounted products, trips, meals, or other incentives), and also when the Creator has any other material connection to a Sponsor (for example, a partnership or other interest in the Sponsor’s company). It is the Creator’s responsibility to comply with these requirements, which are in line with the Advertising Standards Authority (ASA) and Competition and Markets Authority (CMA) guidance. Sponsors should consult their professional legal advisors to ensure compliance with all applicable jurisdictional laws.

Grant of Rights and Ownership

Ownership of Platform

Any and all content, data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names, logos, trade dress, patents, copyrighted or copyrightable materials, and other information (collectively, the “Content”) contained in or made available through the Platform and Services are proprietary to Blog Collabs, its affiliates, and/or third-party licensors. The Content is protected by international copyright and trademark laws and is the confidential information of Blog Collabs.

Creators may download, print, and reproduce the Content for purposes related to receiving the Services during the term of these Terms of Service. Any other use of the Content in whole or in part, including but not limited to adapting, displaying, distributing, publishing, storing in a retrieval system, transmitting, converting, copying or issuing copies, lending or reproducing the Content in any other form or by any other means whatsoever, whether electronic or otherwise, and including making the same available to or via the internet or wireless technology or authorising any of the foregoing without the prior written consent of Blog Collabs, is strictly prohibited.

Ownership of Content

All right, title, and interest, including without limitation, all intellectual property rights in and to any Campaign Content, including all photographs, images, videos, audio, works of art, original writing, drawings, derivatives, compositions, creations, and inventions developed by the Creator, will be owned exclusively by the Creator.

Rights Granted to Blog Collabs

Creators hereby grant Blog Collabs a non-exclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, and communicate the name and trademark of the Creator’s company or organisation (collectively, the “Marks”) as a user of Blog Collabs’ platform in any media whatsoever, including in Blog Collabs’ marketing materials during and after the term of these Terms of Service. Blog Collabs agrees that it will not acquire any interest in the Marks and the goodwill associated with Blog Collabs’ use of the Marks will insure to the Creator’s benefit.

Privacy

Creators understand that information about an identifiable individual or information that is subject to applicable privacy or data protection laws (“Personal Information”) will be treated in accordance with Blog Collabs’ privacy policy located at https://blogcollabs.com/privacy-policy/.

Confidentiality

Creators will maintain the confidentiality of all Confidential Information disclosed to them. “Confidential Information” shall include, but not be limited to, business and marketing plans, technology and technical information, product plans and designs, customers, pricing, anything identified as confidential or communicated to the Creator as confidential, business or operational processes disclosed to the Creator, or any of the foregoing that the Creator becomes aware of as a result of participating in a campaign. Creators will take all necessary precautions against unauthorised disclosure of the Confidential Information. Creators will not directly or indirectly disclose, allow access to, transmit, or transfer any Confidential Information to any third party without the prior written consent of Blog Collabs.

Warranties

Creators represent and warrant that:

  1. Creators have the authority and right to enter into these Terms of Service and have obtained all necessary rights, permissions, and waivers from third parties to grant the rights, titles, and interests granted herein.
  2. Creators will comply with all applicable laws, by-laws, rules, regulations, and guidelines, including requirements and standards related to advertising and marketing, competition, consumer protection, and privacy.

Disclaimer

The laws of certain jurisdictions do not allow the exclusion or limitation of legal warranties and the exclusion or limitation of representations made concerning Blog Collabs’ goods or services. If these laws apply to the Creator, some or all of the below exclusions or limitations may not apply to the Creator and the Creator may have additional rights.

Creators’ use of the Platform and the Services is entirely at their own risk. Blog Collabs does not control the content of postings by its members. The Platform, including the content and services provided herein, is being provided on an “as is” and “where is” basis and without warranties or conditions of any kind, either express or implied.

Blog Collabs has no control over and does not guarantee the truth or accuracy of any campaign descriptions contained in the Platform, a campaign brief, or the ability of the Creator to complete the campaign to the satisfaction of the Sponsor.

Limitation of Liability

The laws of certain jurisdictions do not allow specific exclusions or limitations of liability or certain damages. If these laws apply to the Creator, some or all of the following exclusions or limitations may not apply, and the Creator may have additional rights.

Blog Collabs and its affiliates, including any of their officers, employees, agents, and licensors, will not be liable for:

  1. Any direct, indirect, special, incidental, punitive, or consequential damages
  2. Loss of profits
  3. Damages arising from completed or non-completed campaigns or other transactions between members
  4. Misrepresentation by any member, including regarding campaigns or transactions

This limitation applies regardless of whether the damages arise from use, misuse, or inability to use the Platform or Services, or from interruptions, suspensions, or termination of the Platform or Services.

Entire Agreement

These Terms of Service represent the entire agreement between the Creator and Blog Collabs and cannot be overridden by terms contained in any later received document unless the additional terms are accepted in writing by both the Creator and Blog Collabs. No oral modifications to these Terms of Service shall be binding.

If the Creator has any questions or comments regarding these Terms of Service, please contact Blog Collabs at sacha@blogcollabs.com.