Terms and Conditions of Service
The following Terms and Conditions (the "Terms") govern all services provided by Buzzoole Ltd, headquartered in Palladium House, 1-4 Argyll Street, London, England, W1F 7LD (hereinafter, "Buzzoole"), through the site www.buzzoole.com (hereinafter, the "Platform").
Below governs the provision of services from Buzzoole to the Brand and the Influencer.
For the user who registers on the Platform as an Influencer, the respective operating conditions provided for in Section I of this document will apply to them, for the user who registers as a Brand, the service conditions laid down in Section II will apply to them.
BUZZOOLE RESERVES THE RIGHT TO MODIFY, AT ANY TIME, THE TERMS AND CONDITIONS. IN THIS CASE IT WILL NOTIFY YOU USING THE EMAIL ADDRESS PROVIDED WHEN REGISTERING, OR ON THE FIRST ACCESS TO THE SITE AFTER THE CHANGE, AND BUZZOOLE WILL ASK THE USER TO ACCEPT THE NEW VERSION OF THE TERMS AND CONDITIONS.
Section II - Terms and Conditions of Service for Brands
1. Registration and conclusion of Contract
1.1 To access Buzzoole’s services the user (hereinafter, “Brand”) shall register on the Platform by completing the appropriate registration form. To ensure registration, the Brand must read and accept Terms and Conditions.
1.2 The Terms and Conditions will be effective upon the acceptance by the Brand and will govern relations with Buzzoole for the duration of the contract.
1.3 The Brand is responsible for the confidentiality of its login information to the Platform (username and password) and to report immediately to Buzzoole any loss of exclusive control over this information, taking note of the fact that, in the absence of such notification, the Brand is liable for any action caused by the use of this information.
2. Contract Duration and withdrawal
2.1 The contract is for an indefinite period, subject to the possible withdrawal of either party, which is operated pursuant to the following in Article 2.2.
2.2 The Brand or Buzzoole may withdraw from the contract by giving communication to the other party, at any point in time. Buzzoole may withdraw by giving notice to the Brand’s email address provided at registration-stage and this withdrawal will be effective seven (7) days after notification; the Brand can withdrawal from the contract by sending notice by email to email@example.com and the withdrawal shall be effective seven (7) days after notification, but not before the conclusion of any Campaigns that are in progress at the time of withdrawal, as in Article 3.
3. Services and Using the Platform
3.1 Buzzoole offers the Brand the opportunity to disseminate, through the Platform, initiatives to promote discussion among the Platform’s users on topics of interest for the Brand (hereinafter, the "Campaigns"), in the manner and terms specified in Articles 4 and 5.
Campaigns are addressed to users (the "Influencer") on the Platform, who will be invited to join the Campaings carrying out activities that promote discussion on topics of interest for the Brand (i.e. publication of content of various kinds with information that relates to the Brand’s product/service) through her/his blogs and/or her/his social media accounts. The Platform recognizes, on behalf of the Brand, a bonus for Influencers who adhere to Campaigns.
3.2 Buzzoole acts solely ad intermediary providing the Platform.Buzzoole allows the Brand to propose its Campaigns to the Influencer, who is identified from her/his profile and is invited via the Platform in accordance with her/his degree of influence in the topic of interest for the Brand. The Brand acknowledges and accepts that the Influencer selected as a recipient of the Campaign may join or not join the Campaing at her/his discretion.
3.3 After the Campaign has been published, the Brand can verify the Campaign’s trend through its personal profile. In particular, in its profile the Brand can view the number of Influencers who have joined the Campaign, the posts made by Influencers through their social media channels and the number of total interactions received from published content.
4. Campaign Budget
4.1 At the time of creation for the Campaign, the Brand sets the maximum spending limit (the "Budget") to be allocated to the Campaign itself; based on the Budget, Buzzoole attaches a number of Buzzoole Credits expendable through the use of the Platform and the services offered by Buzzoole, to compensate the activities of the Influencers who join the Campaign.
4.2 At the end of the Campaign, after the acceptance of the report referred to in Article 5.4 by the Brand, Buzzoole will issue tax documentation for an amount equal to the value of the Budget used for the Campaign. The Brand is required to pay that amount within the time term allowed by the contract.
5. Creation and Dissemination of Campaigns through the Platform
5.1 Campaigns are processed by the Brand in complete autonomy and are conveyed through the Platform to adhere the Influencers who may choose whether or not to participate.
5.2 To proceed with the publication of a Campaign through the Platform, the Brand shall define the following characteristics: maximum spending limit (the “Budget”), duration (start and closing dates), the country of distribution, the type of Influencers to be invited (User, Newbie, Smart, Top, Star, Celeb), the Campaign topic (Target), and the distribution channels (social media networks or blogs).
5.3 Subsequently the Brand shall publish a document containing the conditions for participation in the Campaign and the type of action required from the Influencers (hereinafter, the "Brief").
Buzzoole provides Brand Guidelines for writing the Brief, which are not binding for the latter, the Brand being free to define the content that will be their own responsibility. It is understood between the parties that Buzzoole has no control over content disseminated through the Campaign and the Brand will be the only responsible for the content of the Campaign and the material conveyed through the Platform, as well as the lawfulness of the activities required of the Influencers and relationship with the latter.
5.4 The Brand is aware that by joining the Campaign, the Influencer grants the Brand a non-exclusive license free of charge, without any territorial and/or temporal limitation, for the use of the content published within the Campaign through their social accounts or sites.
5.5 Within 14 days of the conclusion of the Campaign the Brand, through their personal profile, can review a report of the Influencers’ activities who have joined the Campaign and of the Buzzoole Credits used. The report is deemed to be accepted after 30 days from its publication in the absence of any dispute from the Brand.
6. Obligations and Responsibilities of the Brand
6.1 The Brand acknowledges and agrees that is its responsibility to ensure compliance with any rules applicable to the activities performed through the Platform (for example, legislation on advertising and consumer protection), and agrees to not hold Buzzoole responsible for any damage or loss that may be caused by such activities.
6.2 The Brand confirms that it owns all intellectual property rights on the content published and disseminated through the Campaign, including the rights to images and videos, as well as any other rights necessary for the dissemination of such content through the Platform and undertakes to not hold Buzzoole responsible for any damage or loss that may result from actions, complaints or claims operated by third parties for the violation of their rights.
6.3 The Brand grants Buzzoole a free license for the use of its trademarks and the other distinctive signs for the sole purpose of the services through the Platform and for related purposes. Moreover, Buzzoole may disclose the use of its services for the Brand, through its website, social media profiles and press release, including through the publication of the trademarks of the Brand. The dissemination of information relating to the use of the Platform by the Brand through additional channels must be previously authorised by the Brand.
7. Warranties and Limitations of Liability
7.1 Buzzoole will make every reasonable effort to Buzzoole will make every reasonable effort to ensure the Brand has continued and uninterrupted access to the content and services but may not, under any circumstances, be held responsible if one or more of the services are temporarily inaccessible. By way of example, Buzzoole is not liable for the interruption of services resulting from force majeure or malfunction of services resulting from the incorrect functioning of telephone lines, electricity and global and/or national networks.
7.2 Buzzoole can not be held responsible for direct or indirect damages suffered by the Brand or third parties as a result of the use of the Platform, whether caused by an Influencer or third parties. In particular, Buzzoole cannot under any circumstances be held responsible for the activities, statements and content published by an Influencer who takes part in a Campaign and can in no event be held responsible for any damage incurred by the Brand arising from the activities of Influencer.
Buzzoole does not guarantee that the Influencer selected by a Brand’s Campaign will accept or adhere to the rules and/or participation conditions laid down by the Brief.
8. Applicable Law and Jurisdiction Disputes
8.1 These Terms shall be governed by, and construed in accordance with the law of England and Wales.
8.2 The eventual nullity and/or invalidity, in whole or in part, of one or more items, does not affect the other Articles contained in this contract which, consequently, shall therefore be regarded as fully valid and effective.
8.3 The parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.