By accessing, signing up with, downloading or using the Services as defined hereafter, you willfully and unconditionally bind yourself to these Terms and Conditions.
You firmly warrant to defend in all kinds of proceedings, hold free and harmless, and fully indemnify Blogapalooza and the Buzzin platform, its subsidiaries, affiliates, and their respective directors, shareholders, officers, employees, consultants and agents (the “Related Parties”). You unconditionally and irrevocably quitclaim, release, discharge and waive any and all claims and actions of whatever nature, expected, real or apparent, which you may now or in the future have directly or indirectly arising from or related to all legal relations, contracts and arrangements with the Released Parties, including the use or access of the Services and these Terms and future revisions thereof.
- Buzzin’s Services is comprised of web-based and mobile applications, and related services, which enable businesses to browse and choose available bloggers and writers (hereinafter referred to as “Influencers”) who can write and post about the users’ goods and services. The related services provided by Buzzin are the following:
- Maintain an online platform in the Buzzin website, www.letsbuzzin.com, to publish a list of Influencers and Businesses; and
- Provide a matching platform whereby Businesses and Influencers can match.
- Buzzin shall have the right to refuse registration of any user if in its reasonable discretion, the use, access, and registration of the same violates law, rules, regulations, this Terms, General Terms, or if in Blogapalooza’s or its authorized representative’s opinion, if it may expose Blogapalooza and/or Buzzin to any legal, financial, reputational, business, or operational risk.
- As an incentive to join the system, Blogapalooza shall pay the user a certain negotiated amount. This amount shall be deposited to the User’s account. For and in consideration of the Services, Blogapalooza shall charge a fee against the User’s account in the amount of 5% of every withdrawal or Php200, whichever is higher.
- The Influencer acknowledges that Buzzin is merely a platform which provides the Services and related services. Buzzin and Blogapalooza have no control over the publication and editorial content of the Influencers’ materials (“Content Material”), neither does it have control over the Businesses’ goods or services. As such, the user undertakes to indemnify and hold free and harmless Blogapalooza, the Buzzin platform, and its Related Parties from any and all claims, liabilities, losses, damages, charges, and expenses related to the Content Material, the Businesses’ goods or services or any other engagement, relation or transaction referred in or related to these Terms.
- The Influencer represents and warrants that (a) it is compliant and will comply with all applicable national and local laws, rules, and regulations and all applicable self-regulatory guidelines in the conduct of its business and in the performance of its obligations under this Agreement; (b) its Content Material do not contain, promote or advocate pornographic, hate, violence, obscene, excessively profane, racist, ethnically offensive, threatening, infringing, libelous, illegal drugs, gambling, terrorist-supporting, human trafficking, arms trafficking or any other similar content; (c) its Content Material do not encourage any activity that (i) would be considered a criminal offense or could give rise to civil liability, or violates any applicable law, regulation or order of any court or tribunal including, but not limited to, collecting, using or disclosing personal information in violation of applicable law, including without limitation personal information of minors; or (ii) affect the security or privacy of users; (c) it complies with Buzzin’s General Terms, accessible at http://bit.ly/BUZZINGeneralTerms and (d) it complies with all applicable rules, regulations and contracts of the applicable mobile application stores, applicable social networks and other used technologies and platforms.
- Without the express written consent of Blogapalooza, you shall not directly or indirectly disclose to any party: (1) any confidential, personal or sensitive information or trade secret received by it from any source by virtue of the Services or by virtue of its relationship with Blogapalooza or the Buzzin platform; and (2) the identity and role of Blogapalooza or the Buzzin platform in all transactions and engagements arising from or related to the Services and these Terms.
- The Influencer grants Blogapalooza through Buzzin an unconditional, royalty-free, non-exclusive, worldwide, irrevocable perpetual right and license to use, reproduce, perform, display, distribute, adopt, modify, re-format, create derivative works of, assign, transfer, convey, and otherwise commercially or non-commercially exploit in any manner, any and all of the Content Material provided by the Influencer and user, and to sublicense the foregoing rights to the affiliates and operators of Buzzin and Blogapalooza. This license permits Blogapalooza to distribute, publicly display, reproduce, publish, and produce derivative works from the materials for any purpose not in conflict with this Agreement.
- The Influencer acknowledges that Blogapalooza shall have full ownership of any usage data incorporated, collected, or gathered through the Services.
- The Influencer undertakes to strictly to not withhold, suspend, discontinue, alter or modify any obligation or payment due to Blogapalooza for any reason including the existence of any dispute, claim or allegation against Blogapalooza or its related parties.
- The Influencer acknowledges that Blogapalooza, at its sole discretion without prior notice, may fully or partially (1) immediately suspend, refuse, cancel, restrict the use and access of the user or the Influencer of the Services; (2) modify the content, design, and functionality of the Services. The user's access to and use of the Services may be occasionally restricted to allow for changes, repairs, upgrades, maintenance or introduction of new Services. The user undertakes to be bound by these Terms for any and all changes, repairs, upgrades, maintenance or introduction of new Services.
- The Influencer acknowledges that these Terms may be modified and superseded by Blogapalooza at any time for any reason. Subject to reasonable notice by Blogapalooza, the access or use by the use of the Services subsequent to any modification is an agreement by the latter to be bound by the amended Terms. The user undertakes to periodically visit these Terms for updates. The user agrees to be bound by the subsequent updates, revisions or modifications of these Terms and related documents.
- If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.