About us
Bloggsy was invented in 2017 to solve an initial problem of connecting Bloggers together in their local areas.
More specifically I wanted to find like minded bloggers for my wife’s blog (as im not always the keenest instagram husband!!)
Having a directory of competent local photographers or web designers was exactly what was needed initially. The idea grew and it became obvious that there were a number of other services that my wife or I had developed a decent level of experience in … and therefor other bloggers would also have some good marketable skills to share with others.
The problem though … was that there wasn’t a marketplace that promoted all of these things in one place … and so Bloggsy began to take shape.
Being able to find these skills in your local area was important … and having an understanding of what ability level was on offer was a big requirement … both in terms of the service provider’s own perceived ability level … and the rated ability from other users.
We wanted to make Bloggsy a place where users could find a trusted local person to 1) help improve technical aspects of their blog … like web development or media editing, 2) perform more repetitive tasks that bloggers don’t always enjoy doing, 3) help with tasks like photography that you can’t always do on your own, and 4) help find other users with more skill or experience particularly with social media promotion and blog development … plus a whole heap of other services.
The unique thing we created was a place for user’s to not only find other service providers, but to be able to help users promote their own skills and experience. This was a major observation of the Blogging world … in that the top Bloggers will earn money through promotions and collaborations … but this isn’t the case for everyone. Having a marketplace where Bloggers can increase their own revenue earning potential became a massive core feature for Bloggsy.
We then added functionality for professional providers to be able to promote their services on Bloggsy too … because many bloggers will sometimes want to go all out and make the most out of a particular post.
This meant that users would have a choice of how to spend their (say) £20 on a user’s service that they could easily see is highly rated, or is provided by a user that has a very high number of followers.
Given that I provided a very good instagram husband photography service for my wife … we thought it would be great for Bloggsy to allow these “associate’s” services in the app. This would then help skilled associates increase their revenue making potential for having developed a marketable skill through their friend/partner’s blog. Everybody wins!!
Having a marketable idea was a great start for Bloggsy. Being able to incentivise bloggers and other social media users to help promote it to their followers was the game changer.
The referral functionality is intended to appeal to bloggers and other social media users so that promotion of Bloggsy will result in a larger marketplace of services, and reward users for helping increase the membership numbers.
The functionality is intended to be extremely straightforward and allow users an easy way to share with their social media followers. The hope was that users with large numbers of followers would be encouraged and want to receive a referral income for introducing lots of their followers to Bloggsy.
And this was the idea behind Bloggsy. The name is partly my own school nickname and obviously the word Blog.
The development story involved researching suitable companies to partner with … and my new friends at Octal Solutions have helped build a fantastic product.
Thankfully I come from a Finance, IT and project management background in London so the development of Bloggsy over 9 months has been something I’ve known how to progress.
Friends and family have been great in helping test the final phases of development and we all hope that you enjoy our app.
It was built with you in mind … to help find you that special user out there who can brighten up your photos … who can talk you through your Bluehost setup … or who can help manage your social media promotion.
All at the same time of increasing your own revenue making potential and rewarding you for helping grow our membership numbers.
Bloggsy … the app for Bloggers
Bloggsy is an app developed by Fuggle Consulting Limited.
Registered Co. 08732283
Terms & Conditions
User Agreement
Effective Date: October 1, 2018
This User Agreement (this “Agreement”) is a contract between you (“you” or “User”) and Bloggsy (“Bloggsy”, “we,” or “us”) and, to the extent expressly stated, our affiliate Fuggle Consulting Limited. You must read, agree to, and accept all of the terms and conditions contained in this Agreement in order to use our website located at www.Bloggsy.com (the Site), our affiliated mobile applications “Bloggsy”, owned and operated by us, all services, applications and products that are accessible through the Site and all Bloggsy mobile applications that link to or reference this Agreement (“Mobile Application Services”) whether provided by us or our Affiliates.
This Agreement includes and hereby incorporates by reference the following: Bloggsy Fee Agreement; Terms of Use; Cookie Policy; Privacy Policy; User Membership Agreement; Bloggsy / Paypal Payments Agreement; Proprietary Rights Infringement Reporting Procedures; “Bloggsy Team” Software License Agreement; API Terms of Use; Bloggsy Widget Terms of Use, as such agreements may be in effect and modified by Bloggsy from time to time (collectively, with this Agreement, the “Terms of Service”). The Terms of Service are available at www.Bloggsy.com/legal/terms/.
Subject to the conditions set forth herein, Bloggsy may, in its sole discretion, amend this Agreement and the other Terms of Service at any time by posting a revised version on the Site and will provide reasonable advance notice of any amendment that includes a Substantial Change. If the Substantial Change includes an increase to Fees charged by Bloggsy, Bloggsy will provide at least 30 days’ advance notice of the change, but may not provide any advance notice for changes resulting in a reduction in Fees or any temporary or promotional Fee change. Any revisions to the Terms of Service will take effect on the noted effective date or when posted if there is no noted effective date (each, as applicable, the “Effective Date”).
Your continued use of the Site or the Mobile Application Services after the Effective Date of a revised version of this Agreement or of any other Terms of Service constitutes your acceptance of and agreement to be bound by the Terms of Service as revised. In the event of a conflict between this Agreement and the other Terms of Service, this Agreement will control unless the other Agreement explicitly states that it controls. Capitalized terms are defined throughout this Agreement and in Section 23 (Definitions).
YOU UNDERSTAND THAT BY USING THE SITE OR MOBILE APPLICATION SERVICES AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE, INCLUDING THE MANDATORY BINDING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 21.4 OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE Mobile Application Services AFTER THE EFFECTIVE DATE. IF YOU AGREE TO THE TERMS OF SERVICE ON BEHALF OF AN ENTITY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY OR AGENCY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR AGENCY TO THE TERMS OF SERVICE. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT ENTITY OR AGENCY.
1. DIGITAL SIGNATURE
By registering for a Bloggsy account on the Mobile Application (an “Account”), or by clicking to accept the Terms of Service when prompted on the Site, you are deemed to have executed this Agreement and the other Terms of Service electronically, effective on the date you register your Account or click to accept the Terms of Service, pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.). Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement, the other Terms of Service, and any amendments.
2. CONSENT TO USE ELECTRONIC RECORDS
In connection with the Terms of Service, you may be entitled to receive certain records from Bloggsy or our Affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the Site and the Mobile Application Services, you give us permission to provide these records to you electronically instead of in paper form.
2.1 YOUR CONSENT AND YOUR RIGHT TO WITHDRAW CONSENT
By registering for an Account, you consent to electronically receive and access, via email or the Site, all records and notices for the services provided to you under the Terms of Service that we or our Affiliates would otherwise be required to provide to you in paper form. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting the Customer Support email. If you withdraw your consent to receive such records and notices electronically, we will revoke your access to the Site and the Mobile Application Services, and you will no longer be permitted to use the Mobile Application Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
2.2 KEEPING YOUR LOCATION ADDRESS AND EMAIL ADDRESS CURRENT WITH US
In order to ensure that we are able to provide records and notices to you electronically, you agree to notify us immediately of any change in your email address by updating your Account information on the Site or by contacting Customer Support.
2.3 HARDWARE AND SOFTWARE YOU WILL NEED TO USE THE Mobile Application Services FOR YOUR BUSINESS
To access and retain the records and notices we provide to you electronically, you will need: (a) a valid email address; (b) a computer system that operates on a platform like Windows or Mac; (c) a connection to the Internet; (d) Current Versions of the software, browsers, plug-ins, or other computer applications and programs identified on the Site (Users utilizing other browsers may experience compatibility difficulties); (e) a Current Version of a program that accurately reads and displays PDF files, such as the Current Version of Adobe Acrobat Reader; (f) a computer or device and an operating system capable of supporting all of the above; and (g) a printer to print out and retain records and notices in paper form or electronic storage to retain records and notices in an electronic form. By “Current Version”, we mean a version of the software that is currently being supported by its publisher. We may change these requirements from time to time and will update this Agreement accordingly. You should retain a copy of all of the records and notices we send to you electronically.
By accepting and agreeing to this Agreement and the other Terms of Service electronically, you represent that (x) you have read and understand the above consent to receive records and notices electronically; (y) you satisfy the minimum hardware and software requirements specified above; and (z) your consent will remain in effect until you withdraw your consent as specified above.
3. BLOGGSY ACCOUNTS
3.1 ACCOUNT ELIGIBILITY
To use the Site and certain Mobile Application Services, you must register for an Account. Bloggsy offers the Site and Mobile Application Services for your business purposes and for personal or consumer use. To use the Site and Mobile Application Services, you must represent that account as an owner or affliate. You understand that you must comply with any licensing or registration requirements with respect to your business, and you represent that you comply with all such requirements. To register for an Account, you must be, and hereby represent that you are, a legal entity or an individual 18 years or older who can form legally binding contracts. By registering for an Account, by using the Site or Mobile Application Services after the Effective Date if you had an account on the Effective Date, or by clicking to accept the Terms of Service when prompted on the Site, you agree to: (a) abide by this Agreement and the other Terms of Service; (b) be financially responsible for your use of the Site and the purchase or delivery of Service Provider Services; and (c) perform your obligations as specified by any Service Contract that you enter into, unless such obligations are prohibited by applicable law or the Terms of Service. Bloggsy reserves the right, in our sole discretion, to refuse, suspend, or revoke your access to the Site and Mobile Application Services upon discovery that any information you provided on any form or posted on the Site is not true, accurate, or complete, or such information or other conduct otherwise violates the Terms of Service, or for any other reason or no reason in Bloggsy’s sole discretion.
You represent that you are not: (x) a citizen or resident of a geographic area in which access to or use of the Site or Mobile Application Services is prohibited by applicable law, decree, regulation, treaty, or administrative act; (y) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (z) an individual, or an individual employed by or associated with an entity, identified on Denied Persons or Entity Lists, Specially Designated Nationals or Blocked Persons Lists, or Debarred Parties List or otherwise ineligible to receive services subject to export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Site and Mobile Application Services.
3.2 ACCOUNT REGISTRATION; PROFILE
By registering for an account, you must complete a User profile (“Profile”), which you consent to be shown to other Users and the public. If you are a Service Provider, unless you use the Site or Mobile Application solely as an employee and Agency Member of a registered Agency Account, you represent and warrant that you use your Profile to market your business to others for the purpose of entering into independent contractor relationships with other Users. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide and to correct any information about your location, your business, your skills, or the services your business provides that is or becomes false or misleading. You agree not to register for more than one Client Account and one Service Provider Account without express written permission from us (except that you may register as an Agency Member of other Accounts as provided below). You agree not to ask or allow another person to create an Account on your behalf, for your use, or for your benefit.
3.3 IDENTITY VERIFICATION
When you register for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity and your ability to represent your business on Bloggsy, if it is a separate legal entity. You authorize Bloggsy, directly or through third parties, to make any inquiries necessary to validate your identity and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must provide us with information about you and your business.
3.4 USERNAMES AND PASSWORDS
When you register for an Account, you will be asked to provide an email and password for the Account.
You authorize Bloggsy to assume that any person using the Site with your username and password, either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to your password or the password of any User of your Account. You further agree not to use any username, or password of another User of the Site that you are not authorized to use, and not to allow others who are not authorized to do so to use your Account at any time.
3.5 MARKETPLACE FEEDBACK
You acknowledge and agree that feedback benefits the marketplace, all Users, and the efficiency of the Site and Mobile Application and you specifically request that Bloggsy post composite or compiled feedback about Users, including yourself, on User Profiles and elsewhere on the Site. You acknowledge and agree that feedback results for you, including your Rating or Review, will consist of comments, ratings, indicators of User satisfaction, and other feedback left by other Users. You further acknowledge and agree that Bloggsy will make feedback results available to other marketplace Users, including composite or compiled feedback. Bloggsy provides this feedback system as a means through which Users can share their opinions publicly and Bloggsy does not monitor or censor these opinions. You acknowledge and agree that posted composite or compiled feedback and any Rating or Review relate only to the business advertised in the Service Provider Profile and not to any individual person. You agree not to use the Review or Rating to make any employment, credit, credit valuation, underwriting, or other similar decision about any other User.
Bloggsy does not investigate any remarks posted by Users for accuracy or reliability but may do so if a User requests that Bloggsy do so. You may be held legally responsible for damages suffered by other Users or third parties as a result of your remarks if such remarks are legally actionable or defamatory. Bloggsy is not legally responsible for any feedback or comments posted or made available on the Site or Mobile Applicayopn by any Users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect Users from abuse, Bloggsy reserves the right (but is under no obligation) to remove posted feedback or information that, in Bloggsy’s sole judgment, violates the Terms of Service or negatively affects our marketplace. You acknowledge and agree that you will notify Bloggsy of any error or inaccurate statement in your feedback results, including the review and / or ratings, and that if you do not do so, Bloggsy may rely on the accuracy of such information.
4. PURPOSE OF THE SITE AND MOBILE APPLICATION SERVICES
The Mobile Application is a marketplace where Clients and Service Providers can identify each other and advertise, buy, and sell Services online. Subject to the Terms of Service, Bloggsy provides the Mobile Application Services to Users, including hosting and maintaining the Site, enabling the formation of Service Contracts “Orders”. If Users agree on terms for Orders, a Service Contract is formed directly between such Users, subject to the provisions set forth in Section 5 (Contractual Relationship Between Client and Service Provider). When a User enters a Service Contract, the User uses the Mobile Application to engage, communicate, invoice and pay online.
5. CONTRACTUAL RELATIONSHIP BETWEEN CLIENT AND SERVICE PROVIDER
5.1 SERVICE CONTRACTS
Unless you use the services described in the Bloggsy / Paypal Payments Agreement, you acknowledge and agree that a Service Contract is comprised of the following agreements (as applicable): (a) The Fixed-Price Instructions; (b) the Hourly Agreement with Instructions; (c) the Engagement terms awarded and accepted on the Site and Mobile Application to the extent that the terms do not, and do not purport to, expand Bloggsy’s obligations or restrict Bloggsy’s rights under the Terms of Service; (d) the terms in Section 8 (Service Contract Terms), unless other terms are agreed to by the parties, to the extent that the provisions do not, and do not purport to, expand Bloggsy’s obligations or restrict Bloggsy’s rights under the Terms of Service; and (e) any other contractual provisions accepted by both the Client and the Service Provider, to the extent that the provisions do not, and do not purport to, expand Bloggsy’s obligations or restrict Bloggsy’s rights under the Terms of Service. You acknowledge and agree that Bloggsy is not a party to any Service Contracts, and that the formation of a Service Contract between Users will not, under any circumstance, create an employment or other service relationship between Bloggsy and any Service Provider.
5.2 PAYMENT AGREEMENTS AND ESCROW INSTRUCTIONS
Fixed-Price Engagements. If Users choose fixed-price compensation, then the Users agree that they will be bound by, and Bloggsy (via Paypal) will follow, the Fixed-Price Instructions.
Hourly Engagements. If Users choose hourly compensation, then the Users agree that they will be bound by, and Bloggsy (via Paypal) will follow, the Hourly Payment Agreement with Instructions.
6. PAYMENT TERMS
6.1 SERVICE FEE
The fees to use the Site and Mobile Application Services are paid solely by the Service Provider. When a Client pays a Service Provider, or when funds related to an Engagement are otherwise released to a Service Provider, the client (via Paypal) will pay the full amount, and then subtract and disburse to Bloggsy a service fee in the amount specified in the Bloggsy Fee and ACH Authorization Agreement (the “Service Fee”). Service Provider agrees to pay Bloggsy the Service Fee for using the Site’s communication, order capture, and payment services. Refer to the Bloggsy / Paypal Payments Agreement for applicable fees to use Bloggsy.
6.2 MEMBERSHIP FEES
6.3 NO FEE FOR INTRODUCING OR FOR FINDING ENGAGEMENTS
Bloggsy does not introduce Clients to Service Providers and does not help Service Providers secure Engagements. Bloggsy merely makes the Mobile Application Services available to enable Service Providers to do so themselves. Therefore, Bloggsy does not charge a fee when a Service Provider finds a suitable Client or finds an Engagement. However, a Client and a Service Provider are obligated to use the Site to pay and receive payment for their work together if they identified each other through the Site, as detailed in Section 7 (Non-Circumvention), below. In addition, Bloggsy does not charge any fee or dues for posting public feedback and composite or compiled feedback.
6.4 DISBURSEMENTS TO Service ProviderS
Under the relevant Instructions, the client (via Paypal) disburses funds that are payable to a Service Provider for the Engagement (less any applicable Bloggsy fees) to Service Providers within 24 hours after the Service Provider completes the work. Service Provider agrees that it will not receive interest or other earnings on the funds held by the client from the client (or Bloggsy) prior to disbursement to Service Provider.
For Hourly Contracts, funds become payable to Service Providers following the expiration of the 24 hour dispute period and the security period. For Fixed-Price Contracts, the Service Provider Fees become payable to Service Providers following the expiration of the security period. The security period begins after Client accepts and approves work submitted by Service Provider by clicking the Make a Payment button.
In cases of fraud, abuse, or violation of the Terms of Service, Bloggsy reserves the right to revoke any payments and instruct Bloggsy (via Paypal) to (and Bloggsy (via Paypal) will have the right to) hold and reclaim from Bloggsy (via Paypal) all Service Provider Fees due to Service Provider (not just the Service Provider Fees from the Service Contract(s) under investigation) unless prohibited by applicable law. In addition, we reserve the right to seek reimbursement from you, and you will reimburse us, if we suspect fraud or criminal activity associated with your payment, withdrawal, or Engagement; if we discover erroneous or duplicate transactions; or if we have supplied our services in accordance with this Agreement yet we receive any chargeback from the Payment Method used by you, or used by your Client if you are a Service Provider. You agree that we have the right to obtain such reimbursement by instructing Bloggsy (via Paypal) to (and Bloggsy (via Paypal) will have the right to) charge any accounts you hold with us, offsetting any amounts determined to be owing, deducting amounts from future payments or withdrawals, charging your Payment Method, or obtaining reimbursement from you by any other lawful means. Failure to pay for reimbursements of chargebacks is cause for revocation of your access to the Site.
6.5 NON-PAYMENT
If Client fails to pay the Service Provider Fees or any other amounts due under the Terms of Service, whether by canceling Client’s credit or debit card, initiating an improper chargeback, or any other means, Bloggsy may suspend or close Client’s Account and revoke Client’s access to the Site, including Client’s authority to use the Site to process any additional payments, enter into Service Contracts, or obtain any additional Service Provider Services. Without limiting other available remedies, Client must pay Bloggsy upon demand for amounts owed under the Terms of Service, plus interest on the outstanding amount at the lesser of one and one-half percent (1.5%) per month or the maximum interest allowed by applicable law, plus attorneys’ fees and other costs of collection to the extent permitted by applicable law. To the extent permitted by applicable law, Bloggsy or Bloggsy (via Paypal), at our discretion, may set off amounts due against other amounts received from or held by Bloggsy or Bloggsy (via Paypal) for Client, make appropriate reports to credit reporting agencies and law enforcement authorities, and cooperate with credit reporting agencies and law enforcement authorities in any resulting investigation or prosecution.
6.6 NO RETURN OF FUNDS
Client acknowledges and agrees that Service Provider via Bloggsy (via Paypal) will charge Client’s designated Payment Method for the Service Provider Fees upon Client’s acceptance and approval of the Service Provider Services, or 24 hours after which the work was performed. Therefore, and in consideration of the Mobile Application Services provided by Bloggsy, Client agrees that once Bloggsy (via Paypal) charges the Client’s designated Payment Method for the Service Provider Fees as provided in this Agreement or the other Terms of Service, the charge is non-refundable, except as otherwise required by applicable law. Client also acknowledges and agrees that the Terms of Service provide a dispute resolution process as a way for Client resolve disputes. To the extent permitted by applicable law, Client therefore agrees not to ask its credit card company, bank, or other Payment Method provider to charge back any Service Provider Fees or other Fees charged pursuant to the Terms of Service for any reason. A chargeback in breach of the foregoing obligation is a material breach of the Terms of Service. If Client initiates a chargeback in violation of this Agreement, Client agrees that Bloggsy or Bloggsy (via Paypal) may dispute or appeal the chargeback and institute collection action against Client.
6.7 FORMAL INVOICES AND TAXES
Bloggsy will have no responsibility for determining the necessity of or for issuing any formal invoices, or for determining, remitting, or withholding any taxes applicable to the Service Provider Fees. Service Provider will be solely responsible for determining whether it is required by applicable law to issue any formal invoices for the Service Provider Fees and for issuing any invoices so required. Service Provider will also be solely responsible for determining whether: (a) Service Provider or Bloggsy is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the Service Provider Fees and remitting any such taxes or charges to the appropriate authorities on behalf of itself or Bloggsy, as appropriate; and (b) Bloggsy is required by applicable law to withhold any amount of the Service Provider Fees and for notifying Bloggsy of any such requirement and indemnifying Bloggsy (either by Bloggsy, at our sole discretion, offsetting the relevant amount against a future payment of Service Provider Fees to Service Provider or Service Provider reimbursing Bloggsy for the applicable amount) for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest). In the event of an audit of Bloggsy, Service Provider agrees to promptly cooperate with Bloggsy and provide copies of Service Provider’s tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing Service Provider is engaging in an independent business as represented to Bloggsy.
6.8 PAYMENT METHODS
Clients are charged a fee for payment processing and administration as described in the Bloggsy Fee and ACH Authorization Agreement.
In order to use the Mobile Application Services, Clients must provide account information using Paypal.
Client hereby authorizes Bloggsy, Paypal, and Fuggle Consulting Limited to run credit card authorizations on all credit cards provided by Client, to store credit card and banking or other financial details as Client’s method of payment for Services, and to charge Client’s credit card (or any other Payment Method). Credit cards and PayPal accounts and, if applicable, bank accounts in most countries will be charged by Bloggsy (via Paypal).
When Client authorizes the payment of the Service Provider Fees for a Fixed-Price Contract on the Site, Client automatically and irrevocably authorizes and instructs Bloggsy (via Paypal) or Fuggle Consulting Limited to charge Client’s Payment Method for the Service Provider Fees. When Client approves an Hourly Contract, Client automatically and irrevocably authorizes and instructs Bloggsy (via Paypal) or Fuggle Consulting Limited to charge Client’s Payment Method for the Service Provider Fees.
By providing Payment Method information through the Site or mobile application, Client represents, warrants, and covenants that: (a) Client is legally authorized to provide such information; (b) Client is legally authorized to perform payments using the Payment Method(s); and (c) such action does not violate the terms and conditions applicable to Client’s use of such Payment Method(s) or applicable law. When Client authorizes a payment using a Payment Method via the Site or mobile application, Client represents, warrants, and covenants that there are sufficient funds or credit available to complete the payment using the designated Payment Method. To the extent that any amounts owed under this Agreement or the other Terms of Service cannot be collected from Client’s Payment Method(s), Client is solely responsible for paying such amounts by other means.
6.9 US DOLLARS AND FOREIGN CURRENCY CONVERSION
If Client’s Payment Method is denominated in a currency other than the service provider’s and requires currency conversion to make payments, the Site or mobile application may display foreign currency conversion rates that Bloggsy, Bloggsy (via Paypal) or other Affiliates currently make available to convert supported foreign currencies. These foreign currency conversion rates adjust regularly based on market conditions. Please note that the wholesale currency conversion rates at which we or our Affiliates obtain foreign currency will usually be different than the foreign currency conversion rates offered on the Site or mobile application. Client, at its sole discretion and risk, may authorize the charge of its Payment Method in a supported foreign currency and the conversion of the payment to the service provider’s currecny at the foreign currency conversion rate displayed on the Site or mobile application. A list of supported foreign currencies is available on the Site or mobile application. Client’s Payment Method provider may also charge fees directly to the Payment Method used to fund a cross-border payment even when no currency conversion is involved. Client’s authorization of a payment using a foreign currency conversion rate displayed on the Site or mobile application is at Client’s sole risk. Bloggsy, Bloggsy (via Paypal), and other Affiliates are not responsible for currency fluctuations that occur when billing or crediting a Payment Method denominated in a currency other than client’s own default currency.
6.10 LIMITED PAYMENT PROTECTION
7. NON-CIRCUMVENTION
You acknowledge and agree that a portion of the compensation Bloggsy receives for making the Site or mobile application available to you is collected through the Service Fee described in Section 6.1 (“Service Fee”). Bloggsy only receives this Service Fee when a Client and a Service Provider pay and receive payment through the Site. Therefore you identify or are identified by any party through the Site (the “Non-Circumvention Period”), you must use the Site as your exclusive method to request, make, and receive all payments for work directly or indirectly with that party or arising out of your relationship with that party (the “Bloggsy Relationship”). You may opt-out of this obligation with respect to each Client-Service Provider relationship only if Client or prospective Client or Service Provider pays Bloggsy for each such relationship:
(a) an “Opt-Out Fee” computed to be the greater of the following amounts:
(i) $1,000; or
(ii) 15% of the cost to the Client of the services to be performed in the Bloggsy Relationship during the Non-Circumvention Period, as estimated in good faith by the prospective Client; or
(iii) all Service Fees that would be earned by Bloggsy from the Bloggsy Relationship during the Non-Circumvention Period, computed based on the annualized amount earned by Service Provider from Client during the most recent normalized 8-week period, or during such shorter period as data is available to Bloggsy; and
(b) interest at the rate of 18% per annum or the maximum rate permitted by applicable law, whichever is less, calculated from the date Client first makes payment to the subject Service Provider until the date the Opt-Out Fee is paid.
To pay the Opt-Out Fee, you must request instructions by sending an email message to admin@Bloggsy.com.
Except if you pay the Opt-Out Fee, you agree not to circumvent the Payment Methods offered by the Site. By way of illustration and not in limitation of the foregoing, you must not:
Submit proposals or solicit parties identified through the Site to contact, hire, work with, or pay outside the Site.
Accept proposals or solicit parties identified through the Site to contact, deliver services, invoice, or receive payment outside the Site.
Invoice or report on the Site or in an Opt-Out Fee request an invoice or payment amount lower than that actually agreed between Users.
You agree to notify Bloggsy immediately if another person improperly contacts you or suggests making or receiving payments outside of the Site. If you are aware of a breach or potential breach of this non-circumvention agreement, please submit a confidential report to Bloggsy by sending an email message to: misuse@Bloggsy.com.
If you refuse to accept any new version of the Terms of Service or elect not to comply with certain conditions of using the Site, such as minimum rates supported on the Site, and therefore choose to cease using the Site, you may pay the Opt-Out Fee for each other User you wish to continue working with on whatever terms you agree after you cease using the Site.
8. SERVICE CONTRACT TERMS
Unless otherwise expressly agreed to in writing by both Users, the default terms and conditions of the Service Contract that a Service Provider enters directly with a Client when the Service Provider agrees to provide Service Provider Services to the Client are as set forth in this Section 8. If Bloggsy / Paypal Payment is used for the Engagement, then only Sections 8.7 and 8.8 of this Section 8 apply. Users may agree between them on any additional or different terms for their Service Contract as long as such terms do not and do not purport to affect the rights or responsibilities of Bloggsy or violate the Terms of Service. Bloggsy is not a party to any Service Contract by or between Users.
Users agree that the terms concerning the Service Contract described on the Site or mobile application, including Service Provider Fees, rates, hours, and milestones, form part of the Service Contract. Users agree to obtain the consent of the other before making changes to the Service Contract by adding additional or different milestones or making other changes to the Service Contract on the mobile application. If consent of the other party is not first obtained, the other party may reject such changes by terminating the Service Contract (see Section 8.5) or accept such changes by continuing to work on the Service Contract.
8.1 SERVICES
Service Provider will perform the Service Provider Services in a professional and workmanlike manner and will timely deliver any agreed upon Work. The manner and means of performing the Service Provider Services will be determined and controlled solely by Service Provider, which is engaged by Client as an independent contractor.
8.2 RESPONSIBILITY FOR EMPLOYEES AND SUBCONTRACTORS, INCLUDING AGENCY MEMBERS
If a User subcontracts with or employs third parties to perform Service Provider Services on behalf of the User for any Engagement, the User represents and warrants that it does so as a legally recognized entity or person and in compliance with all applicable laws and regulations. As used in this Agreement, the term “Delegee” refers to any employee, independent contractor, or agent of a User, including an Agency Member, that the User engages to perform any work on its behalf under a Service Contract. Regardless of whether a User has Delegees, the User remains responsible for all services performed under the User’s Service Contracts, including ensuring that the services comply with the Terms of Service (including confidentiality and intellectual property obligations).
Service Provider, Delegee, and Client acknowledge and agree that Delegees are not employees, independent contractors or agents of Bloggsy or Client. Delegee, and Service Provider represent, warrant, and covenant that: (a) each other User is solely responsible for all payments, obligations, wages, costs, unemployment insurance, workers’ compensation insurance, contributions, and expenses of Delegees; (b) neither Bloggsy nor Client has the right or power to supervise or control Delegees; and (c) no Delegees or other User will have any claim under this Agreement or the other Terms of Service for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, contributions, or any other employee benefits of any kind from Bloggsy or Client.
With respect to Delegees, Bloggsy merely provides the platform for Service Provider to communicate and share information with Clients and, if they are Users, with Delegees. Delegee, and Service Provider understand and agree that the contract terms, pay rate, work hours, service dates and working conditions will be established by the Service Provider, and/or Client and not by Bloggsy. Delegee, and Service Provider acknowledge and agree that Delegees are not employees or independent contractors of Bloggsy, and further acknowledge and agree that they will not be providing any services to Bloggsy (directly or indirectly) while employed or engaged by the another User.
Delegee, and Service Provider acknowledge and agree that Bloggsy does not, in any way, supervise, direct, or control Delegees; Bloggsy does not set Delegees’ contract terms (including determining whether the contract will be set at an hourly or fixed fee), fees, rates, work hours, work schedules, or location of work; Bloggsy will not provide Delegees with training or any equipment, labor, or materials needed for a particular Service Contract; and Bloggsy does not provide the premises at which the Delegees will perform the work.
8.3 CLIENT PAYMENTS AND BILLING
For Fixed-Price or hourly Contracts, Client becomes obligated immediately upon sending a Fixed-Price Contract offer “order”.
8.4 DISPUTE RESOLUTION
With respect to disputes arising between Clients and Service Providers, you agree to abide by the dispute resolution provisions set forth in the Instructions that apply to your particular Service Contract.
8.5 TERMINATION OF A SERVICE CONTRACT
Under Hourly Contracts, either Client or Service Provider has the right to terminate the Service Contract after providing any required notice, or immediately on the end date specified in the Service Contract terms and/or upon completion of the Service Provider Services, in the event of a material breach, or with the consent of the other party. Except as required by law, Client remains obligated to pay the Service Provider Fees for any Service Provider Services provided prior to termination of the Hourly Contract.
Under Fixed-Price Contracts, once a Client’s Payment Method has been charged for the Engagement, absent a full refund to Client by Service Provider, the Service Contract does not terminate until the Service Provider Services are completed. However, either Client or Service Provider has the right to terminate a Fixed-Price Contract at any time with the consent of the other party or in the event of a material breach. If a Fixed-Price Contract is terminated, Client does not have the right to recover any payments already released to Service Provider for the Engagement.
8.6 INTELLECTUAL PROPERTY RIGHTS
CERTAIN DEFINED TERMS
The following capitalized terms have the following meanings:
“Background Technology” means all Inventions developed by Service Provider other than in the course of providing Service Provider Services to Client under the Service Contract and all Inventions that Service Provider incorporates into Work Product.
“Client Materials” means requests, intellectual property, and any other information or materials that Client provides to Service Provider for Service Provider to perform Service Provider Services.
“Invention” means any ideas, concepts, information, materials, processes, data, programs, know-how, improvements, discoveries, developments, designs, artwork, formulae, other copyrightable works, and techniques and all Intellectual Property Rights therein.
BACKGROUND TECHNOLOGY
Service Provider will disclose in the Engagement Terms any Background Technology which Service Provider proposes to incorporate into Work Product or upon which use or distribution of the Work Product will depend. If Service Provider discloses no Background Technology, Service Provider warrants that it will not incorporate any Background Technology into Work Product provided pursuant thereto. Service Provider will separately provide, with each delivery of Work Product to Client, a third-party bill of materials that identifies all Background Technology and other third-party materials that have been incorporated into the Work Product and provides, for each item of Background Technology identified, (a) the name and any associated version number, (b) the applicable license or licensing terms, (c) whether the item has been modified by Service Provider, and (d) how the item has been incorporated into, is used by, or is relied upon by the Work Product. Notwithstanding the foregoing, unless otherwise agreed in the Engagement Terms, Service Provider agrees that it will not incorporate into Work Product or otherwise deliver to Client any software code for which the use or distribution of the code will create (or purport to create) obligations for Client to grant any rights or immunities under Client intellectual property to a third-party, including without limitation any obligation that the Work Product or Client software combined with, derived from, or distributed with such Work Product (x) be disclosed or distributed in source code form, (y) be licensed for the purpose of making derivative works, or (z) be redistributable at no charge.
LICENSE TO BACKGROUND TECHNOLOGY
Upon Service Provider’s receipt of full payment from Client for delivery of Work Product, Service Provider hereby automatically grants to Client a non-exclusive, perpetual, fully-paid and royalty-free, irrevocable and worldwide right, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, distribute, publicly perform, and publicly display in any form or medium, whether now known or later developed, make, have made, use, sell, import, offer for sale, and exercise any and all present or future rights in the Background Technology incorporated or used in Work Product delivered for that payment. If payment is made only for partial delivery of Work Product, the grant described herein applies only to the portion of Work Product delivered.
CLIENT MATERIALS
Client grants Service Provider a limited, non-exclusive, revocable (at any time, at Client’s sole discretion) right to use the Client Materials as necessary solely for the performance of the Service Provider Services under the applicable Service Contract. Client reserves all other rights and interest, including, without limitation, all Intellectual Property Rights, in and to the Client Materials. Upon completion or termination of the Service Contract, or upon Client’s written request, Service Provider will immediately return all Client Materials to Client and further agrees to destroy all copies of Client Materials and Deliverables (except for Background Technology as permitted by the Service Contract) contained in or on Service Provider’s premises, systems, or any other equipment or location otherwise under Service Provider’s control. Within ten days of such request from Client, Service Provider agrees to provide written certification to Client that Service Provider has returned or destroyed all Client Materials and Work Product as provided in this subsection.
OWNERSHIP OF WORK PRODUCT AND INTELLECTUAL PROPERTY
Upon Service Provider’s receipt of full payment from Client, the Work Product, including without limitation all Intellectual Property Rights in the Work Product, will be the sole and exclusive property of Client, and Client will be deemed to be the author thereof. If Service Provider has any Intellectual Property Rights to the Work Product that are not owned by Client upon Service Provider’s receipt of payment from Client, Service Provider hereby automatically irrevocably assigns to Client all right, title and interest worldwide in and to such Intellectual Property Rights. Except as set forth above, Service Provider retains no rights to use, and will not challenge the validity of Client’s ownership in, such Intellectual Property Rights. Service Provider hereby waives any moral rights, rights of paternity, integrity, disclosure and withdrawal or inalienable rights under applicable law in and to the Work Product. If payment is made only for partial delivery of Work Product, the assignment described herein applies only to the portion of Work Product delivered.
LICENSE TO OR WAIVER OF OTHER RIGHTS
If Service Provider has any right to the Work Product, including without limitation any Intellectual Property Right, that cannot be assigned to Client by Service Provider, Service Provider hereby automatically, upon Service Provider’s receipt of full payment from Client, unconditionally and irrevocably grants to Client during the term of such rights, an exclusive, even as to Service Provider, irrevocable, perpetual, worldwide, fully-paid and royalty-free license to such rights, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale and exercise any and all such rights. If Service Provider has any rights to such Work Product that cannot be assigned or licensed, Service Provider hereby automatically, upon Service Provider’s receipt of payment from Client, unconditionally and irrevocably waives the enforcement of such rights, and all claims and causes of action of any kind against Client or related to Client’s customers, with respect to such rights, and will, at Client’s request and expense, consent to and join in any action to enforce such rights. If payment is made only for partial delivery of Work Product, the grant described herein applies only to the portion of Work Product delivered.
ASSISTANCE
Service Provider will assist Client in every way, including by signing any documents or instruments reasonably required, both during and after the term of the Service Contract, to obtain and enforce Intellectual Property Rights relating to Work Product in all countries. In the event Client is unable, after reasonable effort, to secure Service Provider’s signature on any document needed in connection with the foregoing, Service Provider hereby designates and appoints Client and its duly authorized officers and agents as its agent and attorney in fact to act on its behalf to further the purposes of this Section with the same legal force and effect as if executed by Service Provider.
IMMUNITY
A disclosure of information will be immune from prosecution or civil action under the Defend Trade Secrets Act, 18 U.S.C. section 1832, if it: (A) is made (i) in confidence to a Federal, State, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
8.7 WORKER CLASSIFICATION
Client is responsible and assumes all liability for determining whether Service Providers are independent contractors or employees and engaging them accordingly; Bloggsy disclaims any liability for such determination or the related Engagement. The Terms of Service do not create a partnership or relationship between Users. Service Provider does not have authority to enter into written or oral (whether implied or express) contracts on behalf of Bloggsy. For Service Contracts classified as independent contractor relationships, Client may not require an exclusive relationship. A Service Provider classified as an independent contractor is free at all times to provide Service Provider Services to persons or businesses other than Client, including any competitor of Client.
8.8 EMPLOYMENT SERVICES
9. RECORDS OF COMPLIANCE
Users will each (1) create and maintain records to document satisfaction of their respective obligations under this Agreement; any Service Contract, including, without limitation, their respective payment obligations and compliance with tax and employment laws; and any Bloggsy / Paypal Payments Agreement, and (2) provide copies of such records to Bloggsy upon request. Nothing in this subsection requires or will be construed as requiring Bloggsy to supervise or monitor a User’s compliance with this Agreement, the other Terms of Service, or a Service Contract.
10. RELATIONSHIP WITH BLOGGSY
Bloggsy is not a party to the dealings between Client and Service Provider, including posts, proposals, screening, selection, contracting, and performance of Service Provider Services. Bloggsy does not introduce Service Providers to Clients or help Service Providers find Engagements. Bloggsy merely makes the Mobile Application Services available to enable Service Providers to identify and determine the suitability of Clients for themselves and to enable Clients to identify and determine the suitability of Service Providers for themselves. Bloggsy does not, in any way, supervise, direct, or control Service Provider or Service Provider’s work. Bloggsy does not set Service Provider’s work hours, work schedules, or location of work, nor is Bloggsy involved in determining if the Service Provider Fees will be set at an hourly or fixed rate for a Service Contract. Bloggsy will not provide Service Provider with training or any equipment, labor, or materials needed for a particular Service Contract. Bloggsy does not provide the premises at which the Service Provider will perform the work. Bloggsy makes no representations about, and does not guarantee the quality, safety, or legality of, the Service Provider Services; the truth or accuracy of Service Provider’s listings on the Site; the qualifications, background, or identities of Users; the ability of Service Providers to deliver the Service Provider Services; the ability of Clients to pay for the Service Provider Services; or that a Client or Service Provider can or will actually complete a transaction.
Bloggsy does not deduct any amount for withholding, unemployment, Social Security, or other taxes for Client or Service Provider, each of which is solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority in any nation with respect to Service Provider’s performance, and Client’s acceptance, of Service Provider Services.
Bloggsy is not required to and may not verify any feedback or information given to us by Service Providers or Clients, nor does Bloggsy perform background checks on Service Providers or Clients.
You hereby acknowledge and agree that Bloggsy may provide information on the Site about a Service Provider or Client, such as feedback, composite feedback, including a strength or risk score, geographical location, or verification of identity or credentials. However, such information is based solely on data that Service Providers or Clients voluntarily submit to Bloggsy and does not constitute and will not be construed as an introduction, endorsement, or recommendation by Bloggsy; Bloggsy provides such information solely for the convenience of Users.
11. THIRD-PARTY BENEFICIARY
Users appoint Bloggsy as a third-party beneficiary of their Service Contracts for purposes of enforcing any obligations owed to, and any benefits conferred on, Bloggsy hereunder. For example, Section 5.1(c) and Section 5.1(d) of this Agreement prohibit certain terms in any Service Contract and Bloggsy is hereby made a third-party beneficiary for purposes of enforcing such prohibitions. Users further agree that Bloggsy has the right to take such actions with respect to their Accounts, including, without limitation, suspension, termination, or legal actions, as we, in our sole discretion, deem necessary to enforce our rights as a third-party beneficiary under the Service Contracts.
The Terms of Service and any Account registration will not be construed as creating or implying any relationship of agency, franchise, partnership, or joint venture between Users and Bloggsy, except and solely to the extent expressly stated in this Agreement.
12. COMMUNICATIONS FROM YOU TO BLOGGSY
All notices to Bloggsy or our Affiliates intended to have a legal effect must be in writing and delivered in writing via email to legalnotices@Bloggsy.com. All such notices are deemed effective upon receipt by Bloggsy. Bloggsy does not accept service of any legal process by email or mail; all such service should occur by hand delivery on Bloggsy or its registered agent for service of process.
13. BLOGGSY’S ROLE
13.1 SERVICE CONTRACTS
You expressly acknowledge, agree, and understand that: (a) the Mobile Application is merely a venue where Users may act as Clients and/or Service Providers; (b) Bloggsy is not a party to any Service Contracts between Clients and Service Providers; (c) you are not an employee of Bloggsy, and Bloggsy does not, in any way, supervise, direct, or control the Service Provider or Service Provider Services; (d) Bloggsy will not have any liability or obligations under or related to Service Contracts for any acts or omissions by you or other Users; (e) Bloggsy has no control over Service Providers or the Service Provider Services offered or rendered by Service Providers; and (f) Bloggsy makes no representations as to the reliability, capability, or qualifications of any Service Provider or the quality (except through previously captured reviews and ratings), security, or legality of any Service Provider Services, and Bloggsy disclaims any and all liability relating thereto.
14. LICENSES AND THIRD-PARTY CONTENT
14.1 SITE LICENSE AND INTELLECTUAL PROPERTY RIGHTS
Subject to and conditioned on compliance with the Terms of Service, Bloggsy grants you a limited license to access the Mobile Application if you have created an Account. You must not access (or attempt to access) the Site or Mobile Application Services by any means other than the interface provided, and you will not use information from the Site or Mobile Application Services for any purposes other than the purposes for which it was made available. You agree not to use the Site or Mobile Application Services for offering any services other than Service Provider Services as permitted by this Agreement. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost, or otherwise use any content of the Site or Mobile Application Services in any way for any public or commercial purpose without Bloggsy’s prior written consent. You must not use any content of the Site or Mobile Application Services on any other website or in a networked computer environment for any purpose except your own viewing without Bloggsy’s prior written consent. You must not frame or link to the Site or Mobile Application Services except as permitted in writing by Bloggsy. You must not attempt to reverse engineer, modify, adapt, translate, prepare derivative works from, decompile, attempt to interfere with the operation of, or otherwise attempt to derive source code from any part of the Site or Mobile Application Services unless expressly permitted by Bloggsy or applicable law. You will not access Mobile Application Services in order to build a similar service or application, or publish any performance, or any benchmark test or analysis relating to the Mobile Application Services. Bloggsy and our licensors retain all right, title, and interest in and to all Intellectual Property Rights related in and to the Site and the Mobile Application Services. The Bloggsy logos and names are trademarks of Bloggsy and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols on the Site or Mobile Application Services may be the trademarks of their respective owners. Except as expressly stated in this Agreement, nothing in the Terms of Service confers any license under any of Bloggsy’s or any third party’s Intellectual Property Rights, whether by estoppel, implication, or otherwise.
14.2 USER CONTENT LICENSE
When you post User Content on the Site or through the Mobile Application Services or provide Bloggsy with User Content, you represent and warrant that you have the right, power, and authority to post that User Content (including images) and grant the licenses specified below. You further represent and warrant that by posting or providing such User Content you will not violate third-party rights of any kind, including, without limitation, any Intellectual Property Rights, rights of publicity, and privacy rights. To the extent your User Content may be copyrightable, you represent, warrant, and covenant that you are the owner of all the copyright rights to such User Content and that Bloggsy may exercise the rights to your User Content granted under the Terms of Service without any liability or obligation for any payment.
You retain all ownership rights in any User Content you post on Bloggsy. To the extent permitted by applicable law, you also grant to Bloggsy and our successors and Affiliates a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, and/or likeness as contained in your User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Site and Bloggsy’s (and our successors’ and Affiliates’) business, including, without limitation, for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your User Content through the Site and to use, reproduce, distribute, display, and perform such User Content to the extent permitted through the normal functionality of the Site and subject to all applicable confidentiality and other provisions of this Agreement, our Privacy Policy, and applicable law.
Notwithstanding the foregoing paragraph, Bloggsy will only use or disclose User Content you post to any non-public area of the Site to the extent necessary to provide Services to you as further described in our Privacy Policy.
The licenses to User Content granted by you in this Agreement will terminate within a commercially reasonable time after you remove or delete your User Content from the Site, except that you grant Bloggsy and our successors and Affiliates the irrevocable and perpetual license to retain and use, but not publicly display or distribute, server or archival copies of all User Content that you have removed or deleted to the extent permitted by applicable law.
You may submit comments or ideas about the Site and Mobile Application Services, including without limitation about how to improve the Site or Mobile Application Services (collectively, “Ideas”). By submitting any Ideas, you agree that: (a) your disclosure is voluntary, gratuitous, unsolicited, and without restriction and will not place Bloggsy under any fiduciary or other obligation, (b) your Ideas do not contain the confidential or proprietary information of third parties, and (c) we are free to use the Ideas without any additional compensation to you and to disclose the Ideas on a non-confidential basis or otherwise to anyone. You further acknowledge and agree that, by acceptance of your submission, Bloggsy does not waive any rights to use similar or related ideas known or developed by Bloggsy or obtained from sources other than you.
14.3 UNAUTHORIZED ACCESS AND USE; SITE INTERFERENCE; MALICIOUS SOFTWARE
The Site contains robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission. You agree that you will not: (a) take any action that imposes or we believe may impose (in our sole discretion) an unreasonable or disproportionately large load on the Site’s or mobile application’s infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to the Site or mobile application) from the Site or mobile application, any software code that is part of the Site or mobile application, or any services that are offered on the Site or mobile application without the prior express written permission of Bloggsy and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper operation of the Site or mobile application, or any activities conducted on the Site or mobile application; (d) bypass any measures we may use to prevent or restrict access to the Site or mobile application, or any subparts of the Site or mobile application, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or mobile application, or the content therein; (e) transmit spam, chain letters, or other unsolicited communications; (f) attempt to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Site or mobile application; (g) collect or harvest any personally identifiable information, including Account names, from the Site or mobile application; (h) access any content on the Site or mobile application through any technology or means other than those provided or authorized by the Site or mobile application; or (i) directly or indirectly, advertise or promote another website, product, or service or solicit other Users for other websites, products, or services.
Additionally, you agree that you will not post or introduce any invalid data, virus, worm, or other harmful or malicious software code, agent, hidden procedure, routine, or mechanism through or to the Site, mobile application or software that is designed to cause to cease functioning, disrupt, disable, harm, or otherwise impair in any manner, including aesthetic disruptions or distortions, the operation of (or to allow you or any other person to access or damage or corrupt data, storage media, programs, equipment, or communications or otherwise interfere with operations of or on) the Site or any other software, firmware, hardware, computer system, or network of Bloggsy or any third party
14.4 THIRD-PARTY VERIFICATION
The Mobile Application makes available various services provided by third parties to verify a User’s credentials and provide other information. Any information or content expressed or made available by these third parties or any other Users is that of the respective author(s) or distributor(s) and not of Bloggsy. Bloggsy neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Mobile Application or site by anyone other than Bloggsy’s authorized employees acting in their official capacities.
14.5 LINKS AND APPLICATIONS
The Mobile Application may contain links to third-party websites. Such third-party websites are owned and operated by the third parties and/or their licensors. Your access and use of third-party websites, including online communication services, such as chat, email, and calls will be governed by the terms and policies of the applicable third-party websites. You acknowledge and agree that Bloggsy is not responsible or liable for: (a) the availability or accuracy of third-party websites; or (b) the content, advertising, or products on or available from third-party websites. You are responsible for deciding if you want to access third-party websites by clicking on a link or installing an application. The inclusion of any link or application on the Mobile Application does not imply that we endorse the linked site or application. You use the links and third-party websites at your own risk and agree that your use of an application or third-party website via the Mobile Application is on an “as is” and “as available” basis without any warranty for any purpose.
14.6 MOBILE AND OTHER DEVICES
When using our mobile applications, please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply. Our mobile applications may not contain the same functionality available on the Site.
14.7 UPDATES
We may from time to time in our sole discretion develop and provide Mobile Application Services updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we do not have any obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You will promptly download and install all Updates and acknowledge and agree that Mobile Application Services or portions thereof may not work properly should you fail to do so. You further agree that all Updates will be subject to the terms of the Terms of Service, unless otherwise provided in terms associated with such Update. Bloggsy reserves the right, at any time, to modify, suspend, or discontinue Mobile Application Services or any part thereof without notice. You agree Bloggsy will not be liable to you or any third party for any modification, suspension, or discontinuance of Mobile Application Services or any part thereof.
15. CONFIDENTIAL INFORMATION
15.1 CONFIDENTIALITY
BLOGGSY assures user’s of the site and mobile application that personal identifying data will not be sold or provided to any third party outside of the normal usage of the site or mobile application.
To the extent a Client or Service Provider provides Confidential Information to the other, the recipient will protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care, and will: (a) not disclose or permit others to disclose another’s Confidential Information to anyone without first obtaining the express written consent of the owner of the Confidential Information; (b) not use or permit the use of another’s Confidential Information, except as necessary for the performance of Service Provider Services (including, without limitation, the storage or transmission of Confidential Information on or through the Site or Mobile Application for use by Service Provider); and (c) limit access to another’s Confidential Information to its personnel who need to know such information for the performance of Service Provider Services.
15.2 RETURN
If and when Confidential Information is no longer needed for the performance of the Service Provider Services for a Services Contract or at Client’s or Service Provider’s written request (which may be made at any time at Client’s or Service Provider’s sole discretion), the party that received Confidential Information, will, at its expense, promptly destroy or return the disclosing party’s Confidential Information and any copies thereof contained in or on its premises, systems, or any other equipment otherwise under its control. The party that received Confidential Information agrees to provide written certification to the party disclosing the Confidential Information of compliance with this subsection within ten days after the receipt of disclosing party’s written request for such certification.
15.3 PUBLICATION
Without limiting Section 15.1 (Confidentiality), Client, Service Provider, and Bloggsy will not publish, or cause to be published, any other party’s Confidential Information or Work Product, except as may be necessary for performance of Service Provider Services for a Services Contract.
16. WARRANTY DISCLAIMER
YOU AGREE NOT TO RELY ON THE SITE, THE MOBILE APPLICATION SERVICES, ANY INFORMATION ON THE SITE OR THE CONTINUATION OF THE SITE. THE SITE AND THE MOBILE APPLICATION SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. BLOGGSY MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE, THE MOBILE APPLICATION SERVICES, WORK PRODUCT, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT OR THE OTHE TERMS OF SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLOGGSY DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SECTION 20 (TERM AND TERMINATION) STATES USER’S SOLE AND EXCLUSIVE REMEDY AGAINST BLOGGSY WITH RESPECT TO ANY DEFECTS, NON-CONFORMANCES, OR DISSATISFACTION.
17. LIMITATION OF LIABILITY
Bloggsy is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms of Service, including, but not limited to:
your use of or your inability to use our Site or Mobile Application Services;
delays or disruptions in our Site or Mobile Application Services;
viruses or other malicious software obtained by accessing, or linking to, our Site or Mobile Application Services;
glitches, bugs, errors, or inaccuracies of any kind in our Site or Mobile Application Services;
damage to your hardware device from the use of the Site or Mobile Application Services;
the content, actions, or inactions of third parties’ use of the Site or Mobile Application Services;
a suspension or other action taken with respect to your account;
your reliance on the quality, accuracy, or reliability of job postings, Profiles, ratings, recommendations, and feedback (including their content, order, and display), or metrics found on, used on, or made available through the Site; and
your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to the Terms of Service.
ADDITIONALLY, IN NO EVENT WILL BLOGGSY, OUR AFFILIATES, OUR LICENSORS, OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION, PROFIT, OR BUSINESS OPPORTUNITIES. THE LIABILITY OF BLOGGSY, OUR AFFILIATES, OUR LICENSORS, AND OUR THIRD-PARTY SERVICE PROVIDERS TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE WILL NOT EXCEED THE LESSER OF: (A) £1,000; OR (B) ANY FEES RETAINED BY BLOGGSY WITH RESPECT TO SERVICE CONTRACTS ON WHICH USER WAS INVOLVED AS CLIENT OR SERVICE PROVIDER DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. THESE LIMITATIONS WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS, SO TO THAT EXTENT, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
18. RELEASE
In addition to the recognition that Bloggsy is not a party to any contract between Users, you hereby release Bloggsy, our Affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, and employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the Service Provider Services provided to Client by a Service Provider and requests for refunds based upon disputes. Procedures regarding the handling of certain disputes between Users are discussed in subsection 8.4 (Dispute Resolution).
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF ANY ANALOGOUS LAW IN ANY APPLICABLE JURISDICTION WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
This release will not apply to a claim that Bloggsy failed to meet our obligations under the Terms of Service.
19.INDEMNIFICATION
You will indemnify, defend, and hold harmless Bloggsy, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party relating to: (a) use of the Site and the Mobile Application Services by you or your agents, including any payment obligations incurred through use of the Mobile Application Services; (b) any Service Contract entered into by you or your agents, including, but not limited to, the classification of a Service Provider as an independent contractor; the classification of Bloggsy as an employer or joint employer of Service Provider; any employment-related claims, such as those relating to employment termination, employment discrimination, harassment, or retaliation; and any claims for unpaid wages or other compensation, overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits; (c) failure to comply with the Terms of Service by you or your agents; (d) failure to comply with applicable law by you or your agents; (e) negligence, willful misconduct, or fraud by you or your agents; and (f) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by you or your agents.
20. AGREEMENT TERM AND TERMINATION
The Terms of Service as amended from time to time, will become effective on the later of the Effective Date or your first visit to the Site and will remain in effect for the duration of your use of the Site or Mobile Application Services. Unless both you and Bloggsy expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided herein. You may provide written notice to admin@Bloggsy.com. In the event you properly terminate this Agreement, your right to use the Site is automatically revoked, and your Account will be closed; however, (a) if you have any open Engagements when you terminate this Agreement, you will continue to be bound by this Agreement and the other Terms of Service until all such Engagements have closed on the Site; (b) Bloggsy will continue to perform those Mobile Application Services necessary to complete any open Engagement or related transaction between you and another User; and (c) you will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination or as of the completion of any open Engagements, whichever is later, to Bloggsy for any Mobile Application Services and to any Service Providers for any Service Provider Services. Without limiting any other provisions of the Terms of Service, the termination of this Agreement for any reason will not release you, any User with whom you have entered into a Service Contract, or Bloggsy from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination. Those portions of the Terms of Service necessary to implement the foregoing survive termination of this Agreement for any reason.
Without limiting Bloggsy’s other rights or remedies, we may temporarily suspend, indefinitely suspend, or permanently revoke your access to the Site and refuse to provide any or all Mobile Application Services to you if: (i) you breach the letter or spirit of any terms and conditions of this Agreement or other parts of the Terms of Service; (ii) we suspect or become aware that you have provided false or misleading information to us; or (iii) we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, or Bloggsy or our Affiliates; may be contrary to the interests of the Site or the User community; or may involve illicit activity. If your Account is suspended or closed, you may not use the Site under the same Account or a different Account or reregister under a new Account without Bloggsy’s prior written consent. If you attempt to use the Site under a different Account, we reserve the right to reclaim available funds in that Account and/or use an available Payment Method to pay for any amounts owed by you to the extent permitted by applicable law. If any user becomes suspicious of another user’s behaviour in connection with Bloggsy then please contact misuse@Bloggsy.com
Without limiting Bloggsy’s other rights or remedies, if you engage in actions or activities that circumvent the Site or otherwise reduce fees owed Bloggsy or our Affiliates under the Terms of Service, you must pay Bloggsy, and you authorize Bloggsy or its Affiliate to charge you, for all fees owed to Bloggsy and our Affiliates and reimburse Bloggsy for the Opt-Out Fee, if applicable, all losses and costs (including any and all time of Bloggsy’s employees) and reasonable expenses (including attorneys’ fees) related to investigating such breach and collecting such fees. In addition, violations of the Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
If your Account is closed for any reason, you will no longer have access to data, messages, files, and other material you keep on the Site. If practicable or required by law, Bloggsy will retain this information along with all your previous posts and proposals for a period of up to five years from the date of closure. However, you understand that any closure of your Account may involve deletion of any content stored in your Account for which Bloggsy will have no liability whatsoever.
20.1 ENFORCEMENT OF AGREEMENT
Bloggsy has the right, but not the obligation, to suspend or revoke your access to the Site and Mobile Application Services if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the Terms of Service or violated our rights or those of another party. Without limiting Bloggsy’s other rights or remedies, we may suspend or close your Account, use self-help in connection with our rights to reclaim funds, and refuse to provide any further access to the Site or the Services to you if (a) you breach any terms and conditions of this Agreement or other Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, other Users, or Bloggsy.
20.2 CONSEQUENCES OF AGREEMENT TERMINATION
Termination of this Agreement and/or closing of your Account will not relieve Client of the requirement to pay for Service Provider Services performed prior to the Effective Date of the termination or thereafter for any Service Contracts executed before termination of this Agreement, which fees and expenses, together with any applicable taxes, Client hereby authorizes Bloggsy to charge to its Payment Method pursuant to Section 6 (Payment Terms).
Except as otherwise required by applicable law, we will notify you if we close your Account, unless we believe, in our sole judgment, that giving notice may cause damage. You acknowledge and agree that the value, reputation, and goodwill of the Site depend on transparency of User’s Account status to all Users, including both yourself and other Users who have entered into Service Contracts with you. You therefore agree as follows: IF Bloggsy DECIDES TO SUSPEND OR CLOSE YOUR ACCOUNT, Bloggsy HAS THE RIGHT BUT NOT THE OBLIGATION TO: (A) NOTIFY OTHER USERS THAT HAVE ENTERED INTO SERVICE CONTRACTS WITH YOU TO INFORM THEM OF YOUR SUSPENDED OR CLOSED ACCOUNT STATUS, AND (B) PROVIDE THOSE USERS WITH A SUMMARY OF THE REASONS FOR YOUR ACCOUNT SUSPENSION OR CLOSURE.
20.3 SURVIVAL
After this Agreement terminates, the terms of this Agreement and the other Terms of Service that expressly or by their nature contemplate performance after the Agreement terminates or expires will survive and continue in full force and effect. For example, the provisions protecting Confidential Information, requiring arbitration, permitting audits, protecting intellectual property, requiring non-circumvention, indemnification, payment of fees, reimbursement and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Agreement terminates.
21.CANCELLATIONS, REFUNDS, AND DISPUTES
21.1 DISPUTE PROCESS AND SCOPE
For disputes arising between Clients and Service Providers, you agree to abide by the dispute process that is explained in the Instructions that apply to your particular Service Contract.
If a dispute arises between you and Bloggsy or our Affiliates, our goal is to resolve the dispute quickly and cost-effectively. Accordingly, you, Bloggsy, and our Affiliates agree to resolve any claim, dispute, or controversy that arises out of or relates to this Agreement, the other Terms of Service, your relationship with Bloggsy (including any claimed employment with Bloggsy or one of its Affiliates or successors), the termination of your relationship with Bloggsy, or the Mobile Application Services (each, a “Claim”) in accordance with this Section. For the avoidance of doubt, Claims include, but are not limited to, all claims, disputes, or controversies arising out of or relating to the Terms of Service, any Service Contract, payments or agreements, any payments or monies you claim are due to you from Bloggsy or its Affiliates or successors, trade secrets, unfair competition, false advertising, consumer protection, privacy, compensation, classification, minimum wage, seating, expense reimbursement, overtime, breaks and rest periods, termination, discrimination or harassment and claims arising under the Uniform Trade Secrets Act as enacted in any state, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for claims for employee benefits under any benefit plan sponsored by the Company and (a) covered by the Employee Retirement Income Security Act of 1974 or (b) funded by insurance), Affordable Care Act, Genetic Information Non-Discrimination Act, state statutes or regulations addressing the same or similar subject matters, and all other federal or state legal claims arising out of or relating to your relationship with Bloggsy or the termination of that relationship. Only with respect to the Arbitration Provision, Claims do not include disputes that may not be subject to a pre-dispute arbitration agreement as provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203) and are excluded from the coverage of the Arbitration Provision.
You agree that any Claim must be resolved as described in the subsections below titled “Informal Dispute Resolution” and “Mandatory Binding Arbitration and Class Action/Jury Trial Waiver.”
21.2 CHOICE OF LAW
This Agreement, the other Terms of Service, and any Claim will be governed by and construed in accordance with the laws in the UK and United States, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG); provided, however, that any Claims made by any Service Provider located within the United States will be governed by the law of the state in which such Service Provider resides.
21.3 INFORMAL DISPUTE RESOLUTION
Before serving a demand for arbitration of a Claim, you agree to first notify Bloggsy of the Claim at Attn: admin@Bloggsy.com, and Bloggsy agrees to provide to you a notice at your email address on file (in each case, a “Notice”) and seek informal resolution of the Claim. Any Notice from you must include your name, pertinent account information, a brief description of the Claim, and your contact information, so that we may evaluate the Claim and attempt to informally resolve the Claim. Any Notice from Bloggsy must include pertinent account information, a brief description of the Claim, and Bloggsy’s contact information, so that you may evaluate the Claim and attempt to informally resolve the Claim. Both you and Bloggsy will have 60 days from the date of the receipt of the Notice to informally resolve the other party’s Claim, which, if successful, will avoid the need for further action.
21.4 MANDATORY BINDING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER (DOES NOT APPLY TO USERS LOCATED OUTSIDE THE UNITED STATES AND ITS TERRITORIES)
This Mandatory Binding Arbitration and Class Action/Jury Trial Waiver provision (“Arbitration Provision”) applies to all Users except Users located outside of the United States and its territories.
In the unlikely event the parties are unable to resolve a Claim within 60 days of the receipt of the applicable Notice, you, Bloggsy, and our Affiliates agree to resolve the Claim by binding arbitration before an arbitrator from JAMS. JAMS may be contacted at www.jamsadr.com.
A. SCOPE OF ARBITRATION AGREEMENT AND CONDUCT OF ARBITRATION
Arbitration as provided in this Mandatory Binding Arbitration and Class Action/Jury Trial Waiver provision (“Arbitration Provision”) is governed by the United States Federal Arbitration Act (9 U.S.C. §§ 1 et seq.). This Arbitration Provision applies to any Claim the parties may have and survives after your relationship with Bloggsy ends. This Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before a forum other than arbitration. If for any reason JAMS will not administer the arbitration, either party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for appointment of a neutral arbitrator.
Except as otherwise provided herein, arbitration will be conducted in Santa Clara County, California in accordance with the JAMS Comprehensive Arbitration Rules and Procedures under the Optional Expedited Arbitration Procedures then in effect for JAMS. Notwithstanding the foregoing, any Claims by Service Providers that allege employment or worker classification claims will be conducted within 25 miles of where the Service Provider is located in accordance with the JAMS Employment Arbitration Rules and Procedures then in effect. The JAMS arbitration rules may be found at www.jamsadr.com or by searching online for “JAMS Comprehensive Arbitration Rules and Procedures” or “JAMS Employment Arbitration Rules.” The parties agree that any party will have the right to appear at the arbitration by telephone and/or video rather than in person.
You and Bloggsy will follow the applicable JAMS rules with respect to arbitration fees. In any arbitration under the JAMS Employment Arbitration Rules and Procedures, the Service Provider will pay JAMS arbitration fees only to the extent those fees are no greater than the filing or initial appearance fees applicable to court actions in the jurisdiction where the arbitration will be conducted. The arbitrator must follow applicable law and may award only those remedies that would have applied had the matter been heard in court. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction.
This Arbitration Provision does not apply to litigation between the Company and you to which you are a party that is or was already pending in a state or federal court before the expiration of your opt-out period. This Arbitration Provision also does not apply to claims for workers compensation, state disability insurance or unemployment insurance benefits. Either you or Bloggsy may apply to a court of competent jurisdiction for provisional injunctive relief in connection with an arbitrable controversy, but only upon the ground that the award to which that party may be entitled may be rendered ineffectual without such relief; the arbitrator will render the final judgment in the matter.
Regardless of any other terms of this Arbitration Provision, a claim may be brought by or to, and remedies awarded by, an administrative agency if applicable law permits the agency to adjudicate, investigate or prosecute the claim notwithstanding the existence of this agreement to arbitrate. Such administrative claims include without limitation claims or charges brought before the U.S. Equal Employment Opportunity Commission, the U.S. Department of Labor, or the National Labor Relations Board. Nothing in this Arbitration Provision will be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration, if any.
B. INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION PROVISION
This Arbitration Provision is the full and complete agreement relating to the formal resolution of Claims. For the avoidance of doubt, this Arbitration Provision covers, and the arbitrator shall have exclusive jurisdiction to decide, all disputes arising out of or relating to the interpretation, enforcement, or application of this Arbitration Provision, including the enforceability, revocability, scope, or validity of the Arbitration Provision or any portion of the Arbitration Provision. All such matters shall be decided by an arbitrator and not by a court. The parties expressly agree that the arbitrator and not a court will decide any question of whether the parties agreed to arbitrate, including but not limited to any claim that all or part of this Agreement or any other part of the Terms of Service is void or voidable.
In the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable. If any portion of the Class Action Waiver in subsection C, below, of this Arbitration Provision is deemed to be unenforceable, you and Bloggsy agree that this Arbitration Provision will be enforced to the fullest extent permitted by law.
C. CLASS ACTION AND JURY TRIAL WAIVER
This arbitration provision affects your ability to participate in class, collective or representative actions. Both you and Bloggsy agree to bring any dispute in arbitration on an individual basis only, and not on a class, collective, or representative basis on behalf of others. There will be no right or authority for any dispute to be brought, heard or arbitrated as a class, collective, representative or private attorney general action, or as a member in any such class, collective, representative or private attorney general proceeding (“Class Action Waiver”). The Class Action Waiver does not prevent you from bringing a Claim in arbitration as a private attorney general solely on your own behalf and not on behalf of others. Notwithstanding any other portion of this Arbitration Provision or the JAMS Rules, the arbitrator will have authority to hear any Claim on a class, collective, or representative basis if, only if, and only to the extent that, the arbitrator determines that the waiver of such class, collective, or representative Claim is unenforceable. You and Bloggsy agree that you will not be retaliated against, disciplined or threatened with discipline as a result of exercising any rights under Section 7 of the National Labor Relations Act by filing or participating in a class, collective or representative action in any forum. However, Bloggsy may lawfully seek enforcement of this arbitration provision and the Class Action Waiver under the Federal Arbitration Act and seek dismissal of such class, collective or representative actions or claims.
D. RIGHT TO OPT OUT OF ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER.
You may opt out of the foregoing arbitration and class action/jury trial waiver provision of this Agreement by notifying Bloggsy in writing within 30 days of the date you first registered for the Site. To opt out, you must send a written notification to Bloggsy at Attn: Legal, 441 Logue Ave., Mountain View, CA 94043 that includes (a) your account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration and class action/jury trial waiver provisions. Alternatively or in addition, you may send this written notification to legalnotices@Bloggsy.com.
22. GENERAL
22.1 ENTIRE AGREEMENT
This Agreement, together with the other Terms of Service, sets forth the entire agreement and understanding between you and Bloggsy relating to the subject matter hereof and thereof and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and us, written or oral, to the extent they relate in any way to the subject matter hereof and thereof. The section headings in the Terms of Service are included for ease of reference only and have no binding effect. Even though Bloggsy drafted the Terms of Service, you represent that you had ample time to review and decide whether to agree to the Terms of Service. If an ambiguity or question of intent or interpretation of the Terms of Service arises, no presumption or burden of proof will arise favoring or disfavoring you or Bloggsy because of the authorship of any provision of the Terms of Service.
22.2 SIDE AGREEMENTS
Notwithstanding subsection 22.1 (Entire Agreement), Clients and Service Providers may enter into any supplemental or other written agreements that they deem appropriate (e.g., confidentiality agreements, invention assignment agreements, assignment of rights, etc.). The terms and conditions of the Terms of Service, however, will govern and supersede any term or condition in a side agreement that purports to expand Bloggsy’s obligations or restrict Bloggsy’s rights under the Terms of Service.
22.3 COMPLIANCE
User will not violate any applicable foreign, federal, state, or local laws or third-party rights on or related to the Site. Without limiting the generality of the foregoing, User agrees to comply with all applicable laws and regulations, including, but not limited to, import and export control laws and third parties’ Intellectual Property Rights.
22.4 MODIFICATIONS
No modification or amendment to the Terms of Service will be binding upon Bloggsy unless in a written instrument signed by a duly authorized representative of Bloggsy. For the purposes of this subsection, a written instrument will expressly exclude electronic communications, such as email and electronic notices, but will include facsimiles. This Section 22.4 (Modifications) does not apply to amendments to the Terms of Service posted by Bloggsy to the Site from time to time.
22.5 NO WAIVER
The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and will in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative of such party.
22.6 ASSIGNABILITY
User may not assign the Terms of Service, or any of its rights or obligations hereunder, without Bloggsy’s prior written consent in the form of a written instrument signed by a duly authorized representative of Bloggsy (and, for the purposes of this subsection, a written instrument will expressly exclude electronic communications such as email and electronic notices, but will include facsimiles). Bloggsy may freely assign this Agreement or the other Terms of Service without User’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms of Service will inure to the benefit of the successors and permitted assigns of the parties.
22.7 SEVERABILITY
If and to the extent any provision of this Agreement or the other Terms of Service is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.
22.8 FORCE MAJEURE
The parties to this Agreement will not be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party will be extended by the period of such delay. Irrespective of any extension of time, if an event of Force Majeure occurs and its effect continues for a period of 60 days, either the party may give to the other a 30-day notice of termination. If, at the end of the 30 day period, the effect of the Force Majeure continues, the Agreement and the other Terms of Service will terminate, except as provided in Section 20.3.
22.9 PREVAILING LANGUAGE AND LOCATION
The English language version of the Terms of Service will be controlling in all respects and will prevail in case of any inconsistencies with translated versions, if any. The Site is controlled and operated from our facilities in the United States. Bloggsy makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable foreign, United States, state, and local laws and regulations, including, but not limited to, export and import regulations, including the Export Administration Regulations maintained by the United States Department of Commerce and the sanctions programs maintained by the Department of the Treasury Office of Foreign Assets Control. You must not directly or indirectly sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end user without obtaining any and all required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving U.S. origin products, including services or software. You may not use or access the Site if you are: (a) a resident of a geographic area embargoed by the United States; (b) subject to United States economic sanctions that prohibit your use or access to the Site; or (c) a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Site are solely directed to individuals, companies, or other entities located in the United States.
23. DEFINITIONS
“Affiliate” means any entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with Bloggsy.
“Client” means any authorized User utilizing the Site or Mobile Application to seek and/or obtain Service Provider Services from another User. From time to time, Bloggsy may act as a Client, and the terms and conditions of this Agreement applicable to Clients will apply to Bloggsy when Bloggsy acts in this way.
“Client Deliverables” means requests, intellectual property, and any other information or materials that a Service Provider receives from a Client to perform Service Provider Services.
“Confidential Information” means Client Deliverables, Service Provider Deliverables, Work Product, and any other information provided to, or created by, a User for a Service Contract or to perform or assist in performing Service Provider Services, regardless of whether in tangible, electronic, verbal, graphic, visual, or other form. Confidential Information does not include material or information that: (a) is generally known by third parties as a result of no act or omission of Service Provider or Client; (b) subsequent to disclosure hereunder, was lawfully received without restriction on disclosure from a third party having the right to disseminate the information; (c) was already known by User prior to receiving it from the other party and was not received from a third party in breach of that third party’s obligations of confidentiality; or (d) was independently developed by User without use of another person’s Confidential Information.
“Engagement” means an engagement for Service Provider Services that a Service Provider provides to a Client under a Service Contract on the Site or Mobile Application.
“Fixed-Price Contract” means a Service Contract for which Client is charged a fixed fee agreed between a Client and a Service Provider, prior to the commencement of a Service Contract, for the completion of all Service Provider Services contracted by Client for such Service Contract.
“Service Provider” means any authorized User utilizing the Site or Mobile Application to advertise and provide Services to Clients.
“Service Provider Deliverables” means requests, intellectual property, and any other information or materials that a Client receives from a Service Provider for a particular Service Contract.
“Service Provider Fees” means: (a) for an Hourly Contract, an amount equal to the number of hours recorded by Service Provider in the Time Logs, multiplied by the hourly rate set by the Service Provider; (b) for a Fixed-Price Contract, the fixed fee agreed between a Client and a Service Provider; and (c) any bonuses or other payments made by a Client.
“Service Provider Services” means all services performed for or delivered to Clients by Service Providers.
“Hourly Contract” means a Service Contract for which Client is charged based on the hourly rate set by the Service Provider.
“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
“Payment Method” means a valid credit card issued by a bank acceptable to Bloggsy, a bank account linked to your PayPal account, a debit card, or such other method of payment as Bloggsy may accept from time to time in our sole discretion.
“Service Contract” means the contractual provisions between a Client and a Service Provider governing the Service Provider Services to be performed by a Service Provider for Client for an Engagement; and, the additional agreements referenced in Section 5.1 (Service Contracts).
“Substantial Change” means a change to the terms of the Terms of Service that reduces your rights or increases your responsibilities.
“Time Logs” means the report of hours recorded for a stated period by a Service Provider for the Service Provider Services performed for a Client.
“User Content” means any data, feedback, content, text, photographs, images, video, music, or other information that you post to any part of the Site, or Mobile Application, or provide to Bloggsy.
“Work Product” means any tangible or intangible results or deliverables that Service Provider agrees to create for, or actually delivers to, Client as a result of performing the Service Provider Services, including, but not limited to, configurations, computer programs, or other information, or customized hardware, and any intellectual property developed in connection therewith.
24. CONTACTING US
If you have questions or need assistance, please contact Customer Support: admin@Bloggsy.com
Data Protection Policy
Fuggle Consulting Limited (“we”, “our”, “us” or “Bloggsy”) is committed to protecting the privacy of all users of our website www.Bloggsy.com, or mobile application Bloggsy (together, the “Sites”). Please read the following privacy policy that explains how we use and protect your information. We’ll be the “data controller” of the information you provide to us.
Contact details
How we collect your information
Information that we collect from you
Use of your information
Cookies
Direct Marketing
Automated decision making
Retention of your information
Disclosure of your information
Security
Your rights
Changes to our privacy policy
Complaints
1. CONTACT DETAILS
If you have any queries or requests concerning this privacy policy or how we handle your data more generally, please get in touch with us using the following details.
By contacting our general customer services team at: admin@Bloggsy.Com
2. HOW WE COLLECT YOUR INFORMATION
We collect your personal information when you create your account, interact with us or use our services, such as when you use our mobile application to place an order. We also look at how visitors use our Sites, to help us improve our services and optimise customer experience.
We collect information:
when you create an account with us or you change your account settings;
when you place an order with us and during the order process (including for payment);
when you contact us directly via email, phone, post, and when you browse and use our Sites (before and after you create an account with us).
3. INFORMATION THAT WE COLLECT FROM YOU
As part of our commitment to the privacy of our customers and visitors to our Sites more generally, we want to be clear about the sorts of information we will collect from you.
We will never sell or share your personal information with any companies outside of the specific use cases already held within the Bloggsy mobile application.
When you visit the Sites or make a Bloggsy order through the mobile application, you are asked to provide information about yourself including your name, contact details, location, order details and Paypal payment information.
We also collect information about your usage of the Sites and information about you from any messages you post to the Sites or when you contact us or provide us with feedback, including via e-mail, letter.
4. USE OF YOUR INFORMATION
We will only process the data we collect about you if there is a reason for doing so, and if that reason is permitted under data protection law. We will have a lawful basis for processing your information: if we need to process your information in order to provide you with the service you have requested or to enter into a contract; we have your consent; we have a justifiable reason for processing your data; or we are under a legal obligation to do so.
Where we need to in order to provide you with the service you have requested or to enter into a contract, we use your information:
to enable us to provide you with access to the relevant parts of the Sites;
to supply the services you have requested;
to enable us to collect payment from you; and
to contact you where necessary concerning our services
We also process your data where we have a justifiable reason for doing so— for example personalisation of our service, including processing data to make it easier and faster for you to use the features on the mobile application. We have listed these reasons below:
to improve the effectiveness and quality of service that our customers can expect from us in the future;
to enable our customer support team to help you with any enquiries or complaints in the most efficient way possible;
to contact you for your views and feedback on our services and to notify you if there are any important changes or developments to the Sites or our services, including letting you know that our services are operating in a new area, where you have asked us to do so;
to analyse your activity on the Sites so that we can administer, support, improve and develop our business and for statistical and analytical purposes and to help us to prevent fraud;
to enforce our contractual terms with you and any other agreement, and for the exercise or defence of legal claims and to protect the rights of Fuggle Consulting Limited, or others (including to prevent fraud); and
if you submit comments and feedback regarding the Sites and the services, we may use such comments and feedback on the Sites and in any marketing or advertising materials.
Where we rely on legitimate interest as a basis for processing your personal information, we carry out a ‘balancing test’ to ensure that our processing is necessary and that your fundamental rights of privacy are not outweighed by our legitimate interests.
Where we are under a legal obligation to do so we may use your information to:
create a record of your order(s);
comply with any legal obligation or regulatory requirement to which we are subject.
5. COOKIES
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the Site may become inaccessible or not function properly.
6. DIRECT MARKETING
Where you have given your consent or where we have a justifiable reason for doing so (and are permitted to do so by law) we will use your information to let you know about our other Bloggsy services that may be of interest to you and we may contact you to do so by email. You can control your email marketing preferences by clicking on “Settings” on the Bloggsy mobile application.
7. AUTOMATED DECISION MAKING
We may conduct fraud checks on customers if we believe we have detected fraudulent activity, and we may block you from placing future orders and using our Sites.
The checks and decisions that are made look at various components including known industry indicators of fraud which our expert fraud detection purposes and creates a profile relating to provider makes available to us, as well as fraud patterns we have detected on our Sites. When combined, these generate an automated score indicating the likelihood of a fraudulent transaction. If our systems indicate a high score for you, then we may decline an order or even block you from our services. The specific fraud indicators are dynamic so will change depending on what types of fraud are being detected in the wider world, country and our Sites at any particular time.
You have certain rights in respect of this activity – please see ‘Your Rights’ section below for more information. Our fraud detection is in place to protect all of our users as well as Fuggle Consulting Limited. You have the right to contest any fraud decision made about you and to be given more information about why any such decision was made by contacting us.
8. RETENTION OF YOUR INFORMATION
We will not retain your information for any longer than we think is necessary.
Information that we collect will be retained for as long as needed to fulfil the purposes outlined in the ‘Use of my information’ section above, in line with our legitimate interest or for a period specifically required by applicable regulations or laws, such as retaining the information for regulatory reporting purposes.
When determining the relevant retention periods, we will take into account factors including:
our contractual obligations and rights in relation to the information involved;
legal obligation(s) under applicable law to retain data for a certain period of time;
statute of limitations under applicable law(s);
our legitimate interests where we have carried out balancing tests (see section on ‘How we use your personal information’ above);
(potential) disputes; and
guidelines issued by relevant data protection authorities.
Otherwise, we securely erase your information where we no longer require your information for the purposes collected.
9. DISCLOSURE OF YOUR INFORMATION
The information we collect about you will be transferred to and stored on our Google Firebase server. We are very careful and transparent about who else your information is shared with. We will never sell or share your personal information with any companies outside of the specific use cases already held within the Bloggsy mobile application.
Sharing your information with third parties
We only share your information with the following third party service providers:
Paypal for the purposes of providing services to us, for example when they process information such as credit card payments for us, provide support services to you
Fraud protection companies to carry out fraud checks for us
Google Firebase (our cloud provider): for the purposes of data storage and analysis
Other users so they can search, contact and carry out orders for you
Professional users so that they can make offers to you
Bloggsy will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy when it is transferred to third parties.
If our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your information may be disclosed or transferred to the target company, our new business partners or owners or their advisors.
We may also share your information:
if we are under a duty to disclose or share your information in order to comply with (and/or where we believe we are under a duty to comply with) any legal obligation or regulatory requirement. This includes exchanging information with other companies and other organisations for the purposes of fraud protection and prevention;
in order to enforce our contractual terms with you and any other agreement;
to protect the rights of Fuggle Consulting Limited, Bloggsy or others, including to prevent fraud; and
with such third parties as we reasonably consider necessary in order to prevent crime, e.g. the police.
International transfers of data
In some cases the personal data we collect from you might be processed outside the European Economic Area (“EEA”), such as the countries in which Bloggsy operates. These countries may not have the same protections for your personal data as the EEA has. However, we are obliged to ensure that the personal data that is processed by us and our suppliers outside of the EEA is protected in the same ways as it would be if it was processed within the EEA. There are therefore certain safeguards in place when your data is processed outside of the EEA.
We ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
your personal data is transferred to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission;
we use the EU approved Standard Contractual Clauses; and
where your personal data is transferred to third party providers based in the US, data may be transferred to them if they have self-certified under the Privacy Shield framework in relation to the type of data being transferred, which requires them to provide similar protection to personal data shared between the EU and the US.
Please contact us using the contact details below if you want further information on the countries to which personal data may be transferred and the specific mechanism used by us when transferring your personal data out of the EEA.
10. SECURITY
We adopt robust technologies and policies to ensure the personal information we hold about you is suitably protected.
We take steps to protect your information from unauthorised access and against unlawful processing, accidental loss, destruction and damage.
Where you have chosen a password that allows you to access certain parts of the Sites, you are responsible for keeping this password confidential. We advise you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Sites; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
11. YOUR RIGHTS
Under data protection law, you may have a number of rights concerning the data we hold about you. If you wish to exercise any of these rights, please contact our Data Protection Officer using the contact details set out above. For additional information on your rights please contact your data protection authority and see below.
The right to be informed. You have the right to be provided with clear, transparent and easily understandable information about how we use your information and your rights. This is why we’re providing you with the information in this policy.
The right of access. You have the right to obtain access to your information (if we’re processing it). This will enable you, for example, to check that we’re using your information in accordance with data protection law. If you wish to access the information we hold about you in this way, please get in touch (see Contact Details).
The right to rectification. You are entitled to have your information corrected if it is inaccurate or incomplete. You can request that we rectify any errors in information that we hold by contacting us (see Contact Details).
The right to erasure. This is also known as ‘the right to be forgotten’ and, in simple terms, enables you to request the deletion or removal of certain of the information that we hold about you by contacting us (see Contact Details).
The right to restrict processing. You have rights to ‘block’ or ‘suppress’ further use of your information. When processing is restricted, we can still store your information, but will not use it further.
The right to data portability. You have the right to obtain your personal information in an accessible and transferrable format so that you can re-use it for your own purposes across different service providers. This is not a general right however and there are exceptions. To learn more please get in touch (see Contact Details).
The right to lodge a complaint. You have the right to lodge a complaint about the way we handle or process your information with the national data protection authority.
The right to withdraw consent. If you have given your consent to anything we do with your information (i.e. we rely on consent as a legal basis for processing your information), you have the right to withdraw that consent at any time. You can do this by contacting us (see Contact Details). Withdrawing consent will not however make unlawful our use of your information while consent had been apparent.
The right to object to processing. You have the right to object to certain types of processing, including processing for direct marketing and profiling. You can object by changing your marketing preferences or disabling cookies as set out in sections 5 and 6 above.
12. CHANGES TO OUR PRIVACY POLICY
Any changes to our privacy policy will be posted to the Sites and, where appropriate, we will notify you of the changes for example by email or push notification.
This privacy policy was last updated: 01 October 2018
13. COMPLAINTS If you’re not satisfied with our response to any complaint or believe our processing of your information does not comply with data protection law, you can make a complaint using the following details:
Address: Fuggle Consulting Limited. Severn House, Hazell Drive, Newport, South Wales, United Kingdom, NP10 8FY
Email: Admin@Bloggsy.Com
Website: www.Bloggsy.Com