Terms of Use – WebMediaMarketing.net

These terms of use apply to all use of The Blogger Programme (“WMM”) website and describe how you (either “Influencer” or “Brand” defined below) can use WMM website. WMM privacy policy sets out how we use data relating to you and it forms a part of these terms of use. Our privacy policy can be found here https://webmediamarketing.net/privacy-policy/. These terms were last updated in March 2018.

1. About the website and these terms
  1. Definitions:
    1. Influencer (or “you”, “your” and “yours”) is a reference to a person or entity who writes and posts Content on social media websites and who registers with us to offer influencer services to Brands.
    2. Brand (“you”, “your” and “yours”) is a reference to a business entity that sells and markets goods and services using a trade mark, logo or style or otherwise an agency working on behalf of a brand.
    3. Content is a reference to any material including but not limited to photographs, information, data, software, videos, text, music, sound, graphics and messages posted by you or other users on our Website.
  2. www.thebloggerprogramme.com (the “Website”) is owned and operated by Web Media Marketing (“WMM”, “we”, “us” or “our”), which contains information about our business and our services.
  3. These terms of use apply to all use of the Website and form a legal agreement between you and WMM.
  4. By using the Website you are confirming that you understand and accept (and are able to understand and accept) these terms of use and that you agree to be bound by them. If you are under the age of 18 or don’t understand these terms of use, please ask a parent or guardian to explain their meaning to you. You must not use the Website if you are under 13.
  5. WMM may make alterations to these terms of use from time to time. If you are not happy with any alteration, you must stop using the Website. If you keep using the Website, this will indicate your acceptance of these terms of use as altered. We may notify key changes to you but you should review these terms of use from time to time to ensure you are aware of any changes. Where appropriate we may notify you of changes by email or by putting a notice on the Website.
2. Rights of use and IP
  1. The Website is made available solely for your use only. This does not give you any rights of ownership in the Website. Our terms of subscription permit commercial use of the Website in some circumstances.
  2. Unless otherwise specified, all copyright, design rights, database rights, patent rights, trade mark and trade dress rights and other intellectual property rights in the Website and its Content belong to and vest in WMM, or are licensed to WMM.
  3. All third party trade names and trademarks are the property of their respective owners and WMM makes no warranty or representation in relation to them.
  4. You warrant that you are the legal owner of the intellectual property rights in any Content that you post to the Website.
3. Data Protection
  1. Our privacy policy contains details of how we use the information we hold about you (and can be found via the link above).
4. Content and Listing Guidelines – General
  1. Your details may be uploaded onto our Website using the online template provided on the sign-up page. The decision to list an Influencer or a Brand is at our absolute discretion and we may refuse to do so where we consider in our absolute discretion that the Influencer or Brand is not suitable for the Website or our business.
  2. You must not:
    1. display or upload any pornographic or obscene Content on the Website nor should any Content be designed to incite violence or racial hatred or contravene any law or regulation;
    2. infringe someone else’s copyright or intellectual property when uploading Content;
    3. use any names, logos and trademarks unless owned by you or are used by you under licence. You must be legally entitled to display any graphics used in connection with the Content. We reserve the right to alter, amend or withdraw any Content at any time where we consider it appropriate to do so.
5. Restrictions and obligations
  1. You agree to comply with these terms of use and all rules applicable to the use of the Website.
  2. You will not:
    1. hack, modify, reverse engineer or create derivative works of the Website or any part of it;
    2. gain unauthorised access to any part of the Website;
    3. remove, modify or obscure any copyright, trade mark or other proprietary notices on the Website;
    4. create software which replicates or mimics the data or functionality in the Website;
    5. use your access to the Website for the sending of direct marketing;
    6. make any part of the Website available to a third party who does not agree to these terms of use;
    7. copy or exploit any part of the Website or the Content it contains;
    8. use the Website or any part of it unfairly or for any illegal or immoral purpose; or
    9. attempt to do any of the acts listed above.
6. Liability
  1. WMM provides and maintains the Website on an “as is” basis and is liable only to provide its services with reasonable skill and care.
  2. External Sites have not been verified or reviewed by WMM and all use and access of External Sites is made at your own risk. “External Sites” means third party websites and online services to which the Website links.
  3. WMM GIVES NO WARRANTY IN RESPECT OF THE INFORMATION CONTAINED ON THE WEBSITE AND EXCLUDES ALL LIABILITY FOR ANY INCORRECT OR INACCURATE INFORMATION OR MATERIAL THE WEBSITE CONTAINS.
  4. WMM gives no other warranty in connection with the Website and to the maximum extent permitted by law, WMM excludes liability for:
    1. any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not that loss arises out of something of which WMM has been made aware
    2. any interruptions to or delays in updating the Website
    3. the infringement by any other person of any copyright or other intellectual property rights of any third party through any use of the Website
    4. the availability, quality, content or nature of External Sites
    5. any transaction taking place on External Sites
    6. any transaction with third party retailer taking place on the Website
    7. any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by any other person accessing, using or downloading the Website; and
    8. all representations, warranties, conditions and other terms and conditions which but for this notice would have effect.
  5. WMM does not warrant that the operation of the Website will be uninterrupted or error free.
  6. WMM will not be liable in any amount for failure to perform any obligation under these terms of use if that failure is caused by the occurrence of an event beyond its reasonable control.
  7. Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all of those terms and conditions are hereby excluded to the maximum extent permitted by law.
  8. You agree not to use the Website in any way which is:
    1. unlawful;
    2. may give rise to civil or criminal liability for WMM; or
    3. which might call WMM into disrepute.
  9. WMM’s total aggregate liability arising under or in connection with these Terms of Use, whether in contract, tort, (including negligence) or for breach of statutory duty or misrepresentation or otherwise, shall in all circumstances be limited in aggregate to the greater of:
    1. £500 in respect of an Influencer; or
    2. the Subscription Plan fee paid, in respect of a Brand.
7. Communications
  1. The Website enables the display of third party content (“User Content”) without review or moderation. The Website is therefore merely a conduit and host of User Content.
  2. The views expressed in any User Content are the views of the individual authors and not those of WMM unless we specify otherwise.
  3. We disclaim all liability in respect of any comments, views or remarks expressed in any User Content.
  4. By using the Website you acknowledge that we have no responsibility to review any User Content and that all User Content is made available on the basis that we are not required to exercise any control or judgement over it.
  5. IT IS A KNOWN RISK OF INTERNET USAGE THAT PEOPLE ARE NOT NECESSARILY WHO THEY SAY THEY ARE. PEOPLE MAY PROVIDE INFORMATION OR BEHAVE IN A WAY THAT IS UNRELIABLE, MISLEADING, UNLAWFUL OR ILLEGAL. WE HAVE NO WAY OF TELLING IF STATEMENTS MADE BY OTHER USERS ARE TRUE. YOU SHOULD THEREFORE EXERCISE SOME DEGREE OF CAUTION WHEN READING USER CONTENT ON ANY WEBSITE. BY USING THE WEBSITE YOU ACCEPT THAT YOU USE THE WEBSITE AT YOUR OWN RISK.
8. Communications between Brands and Influencers
  1. Neither Brands nor Influencers are permitted to make unsolicited phone calls or send unsolicited mail or texts, email or newsletters to other Brands or Influencers listed on the Website or to contact any individual by any other means without express permission from the individual.
  2. All contact between Brands and Influencers must initially take place through the facility available on the Website. Due to the nature of the Website we do not verify the Content and validity of Influencers or Brands which are uploaded to the Website.
  3. We do not get involved in any payment transactions made between the Brand and the Influencer.
9. Complaints
  1. Complaints made by Brands concerning the blogging services provided by the Influencer must be dealt with between the Influencer and the Brand fairly, promptly and reasonably.
  2. In the event of a dispute between a Brand and a Influencer concerning services sold by the Influencer WMM will provide reasonable assistance but will not be responsible for resolving or mediating such dispute.
10. Your Information
  1. You agree to provide us with accurate, up to date and complete information.
  2. We reserve the right to verify with third parties the accuracy of information that you provide to us.
  3. You authorise us to use, store or otherwise process your personal information in order to provide the goods or services to you and for marketing and credit control purposes (the “Purpose”).
  4. The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the Membership Services to you.
11. Contact
  1. If you wish to contact us in writing, you can do so at info@webmediamarketing.net
12. Termination
  1. Without limiting any other rights it may have, WMM may cancel or suspend access to the Website if you breach any of these terms of use.
13. General
  1. These terms of use are subject to your statutory and common law consumer rights and will not limit any rights you might have that cannot be excluded under applicable law. These terms of use will not exclude or limit WMM’s liability for death or personal injury resulting from its negligence nor any fraudulent acts, representations or misstatements.
  2. These terms of use, together with our privacy policy, constitute the entire agreement between you and WMM relating to your use of the Website, to the exclusion of any other terms of use.
  3. Failure to enforce any term does not constitute a waiver of that term.
  4. If any part of these terms of use is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the provisions will remain in full force and effect.
  5. No representation or warranty is made as to whether the Website complies with the laws of any other country other than the United Kingdom.
  6. These terms of use are subject to the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
  7. WMM will be entitled to assign and otherwise transfer the agreement covered by these terms of use by giving you reasonable notice, which may include notice given via the Website.
  8. All questions, comments or enquiries should be directed to WMM. WMM will try to respond to within 48 hours.

FOR A BRAND

1. Registering with us
  1. In order to use our membership services, you must be 18 years or over and register with us on the sign up page on our Website: https://webmediamarketing.net/.
  2. Once you have registered your details on the Website, you will receive an email containing a link to activate your account. Once you have activated your account you may set up a profile.
  3. By registering with us you agree to be bound by these terms of use in relation to your use of the Website, our provision of it and our provision of the services as set out in these Terms (“Services”).
  4. You agree to take care when providing us with your details and warrant that these details are accurate and complete at the time of registration and are not false or misleading or misrepresent your identity.
  5. We provide a venue for you to locate Influencers and Brands. We do not process payment transactions between a Influencer and a Brand and the contract for the provision of Services by a Influencer is between the Brand and the relevant Influencer and not with us.
2. Membership: payment, cancellation and upgrades
  1. When you register with us, you will be required to choose the basis on which you will subscribe to the Website and the Services by selecting either:
    1. a “Basic” or “Professional” subscription plan for 12 months (“Subscription Plan”); or
    2. a 7 day free trial. This will give you limited access to the platform, and allow you to create 1 free opportunity and 1 free shortlist.
  2. Payment for the Subscription Plan will be taken monthly via direct debit through a third party payment processor that we use from time to time (“Payment Processor”), based on the payment information that you have provided upon registration.

By agreeing to these terms, you agree to be bound by the terms of service of the Payment Processor. You agree to provide us with accurate and complete information about you, and you authorise us to share such information with the Payment Processor together with transaction information related to your use of the Payment Processing services provided by the Payment Processor.

All sums payable under these Terms shall be paid in pounds sterling, and will be stated exclusive of VAT, which shall, if applicable, be payable in addition to the stated Subscription Plan amount.
A renewable contract, subject to these terms, is formed between you and WMM for a minimum period of 12 months once you have selected a Subscription Plan (“Contract”). You will not be able to cancel the Contract within the first 12 months (“Contract Term”). Cancelling before the end of the Contract Term will result in the outstanding balance of the Subscription Plan being payable.
60 days prior to the end of the Contract Term you will receive an email notification giving you the option to cancel the Contract. You will receive another reminder at 30 days prior to the end of the Contract Term. If you do not cancel the Contract within the Contract Term then the Contract will automatically renew for a further 12 months.
You may upgrade the Subscription Plan at any time via the Website by going to “Account” and clicking on “Upgrade” in the Subscriptions box. This will take effect as set out in these Terms.
You may downgrade the Subscription Plan after the initial 6 months of the Contract Term. You will not be able to downgrade the Subscription Plan before this point.
Website Services
1. Brands may upload details of proposed marketing and advertising campaigns (“Opportunities”).
2. An Opportunity is an offer by you to a Influencer setting out the basis on which you will contract with the Influencer in relation to a particular campaign, including:
  1. the type of Content that the Influencer needs to create; and
  2. the fee due to the Influencer (“Influencer Fee”).
3. The website facilitates the negotiation between you and the Influencer regarding the terms of a Campaign. We shall have no involvement with such negotiations. WMM will have no involvement or responsibility for any terms agreed between you and the Influencer with respect to the Campaign.
4. Any terms stated and set out in the Opportunities, including the Influencer Fee or gifts provided for the Influencer’s services are binding terms between you and the Influencer. Any failure by the Brand to fulfil the agreed terms may result in WMM suspending your membership.
Content and Listing Guidelines for Brands
1. When you upload Content to the Website you agree to follow these guidelines. A failure to do so may result in an immediate suspension or cancellation of the listing and/or cancellation of your membership and you will no longer be entitled to use the membership services.
2. Brands must have full legal authority to advertise and promote jobs, opportunities and competitions.
3. Brands must not advertise inappropriate jobs or Opportunities which include:
  1. seeking employees for a job of a sexual nature;
  2. promoting any opportunity that does not represent bona fide employment or which involves pyramid selling, franchising, distributorship or other agency relationship;
  3. advertising sexual services or any illegal or unlawful products or services; or
  4. promoting any political, ethnic, racial or religious organisation or belief;
4. WMM reserve the right to temporarily or permanently remove at its sole discretion, without notice to you, any Content or listing where WMM have been notified that such Content or listing is in breach of these Terms and Conditions.
5. You must not use the Website or the Membership Service for spamming, unsolicited or unauthorised advertising, “chain letters” or sending unsolicited, abusive or threatening emails to users. You are not permitted to sell or place advertising on your portfolio page or any other page of our Website.
6. You shall not to any of the following without our prior written consent, either solely or jointly with or on behalf of any third party (directly or indirectly):
  1. Copy or reproduce Content from the Website or create derivative works from, modify or commercially exploit the Content;
  2. Create a database (manually or electronically), download or store the Content;
  3. Distribute, publish or transmit any of the Content;
  4. Copy, duplicate, adapt, modify, rent, lease, sub-license, assign or vary the Content;
Brand obligations
1. You warrant on an on-going basis that your use of the Services and Website, and each Opportunity and Content that is posted by you complies with all applicable laws, regulations, codes and standards, including without limitation, all applicable advertising standards and regulations in respect of sponsored or advertorial content.
2. You warrant that any Content or Opportunity includes the necessary hash tag requirements or advertising disclosure in respect of any applicable advertising standards and regulations, not limited to the Advertising Standards Authority regulations (ASA Regulations).

FOR AN INFLUENCER

Registering with us
1. In order to use our membership services, you register with us on the sign up page on our Website: https://webmediamarketing.net/.
2. Membership is free of charge for Influencers for use of the Website.
By registering with us, you agree to our use of third party analytics providers, which use social media APIs to access and use your public profile information. You acknowledge that the personal information and Content that you post on your public social media profiles such as Facebook, Instagram and Twitter (“Social Media Profile“) is therefore subject to, and may be used in accordance with, the social media platform’s terms of use and API terms (such as Instagram’s API terms found here), and our third party analytics provider’s terms and privacy policy found here.
You also consent and agree that we may use and/or reasonably edit the Content collected from your Social Media Profile for the purposes of; providing our influencer agency services to you, benchmarking, data analytics and matching brands with suitable Influencers for advertising and marketing activities.
To the extent permitted by law: (a) WMM shall not under any circumstances be liable to you for any use by third party analytics providers, including as to the accuracy, adequacy or completeness of any of the information contained on the Website; and (b)WMM accepts no responsibility or liability for any errors or omissions, nor shall it be liable for any damages, whether direct or indirect, special or consequential, in respect of the information received by third party analytics providers and posted on the Website.
Content and Listing Guidelines – Influencers
1. When you upload Content to the Website, you agree to follow these guidelines. A failure to do so may result in an immediate suspension or cancellation of your account and you
2. An Influencer must ensure that its description of the services it provides is not false, inaccurate or misleading and complies with the British Code of Advertising Practice in all respects. Full and accurate information concerning the blogging services should be provided along with details of its fees and other pertinent information. Any description or Content posted by you must not include any hyperlinks unless specifically authorised by us in writing.
3. An Influencer must be legally capable of offering its services to Brands through the Website.