Terms of Use

These Terms of Use ("Terms") govern your use of the Get Blogged platform at getblogged.net and the associated services (the "Platform"). The Platform is operated by Digital Dudes Ltd, a company registered in England and Wales under number 07851009, whose registered office is at 5 The Square, Bagshot, GU19 5AX ("Get Blogged", "we", "us", "our").

By registering for or using the Platform, you agree to these Terms. If you do not agree, you must not use the Platform.

1. Definitions

In these Terms:

"Brand" means any business, agency, individual or other entity that uses the Platform to source, brief, engage or pay Creators for the production or publication of Content.

"Content" means any material produced, published, uploaded, posted or otherwise made available by a Creator in connection with a Brief, including text, images, video, audio, reels, stories and any other creative output.

"Creator" means any individual, blogger, influencer, content producer, publisher or other user who registers on the Platform to accept Briefs and produce Content.

"Brief" means the requirements, instructions and specifications provided by a Brand for the production of Content.

"User" means any Brand, Creator or other person who accesses or uses the Platform.

"Applicable Advertising Rules" means the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code) as issued by the Committee of Advertising Practice, the guidance issued from time to time by the Advertising Standards Authority (ASA), the guidance issued from time to time by the Competition and Markets Authority (CMA) including the "Influencers' guide to making clear that ads are ads" and any equivalent legislation, regulation, code or guidance applicable in any jurisdiction where the Content is made available.

2. The role of Get Blogged

Get Blogged operates a marketplace platform that facilitates connections between Brands and Creators. Get Blogged is not a party to the commercial, creative or contractual arrangements between Brands and Creators, save to the extent expressly stated in these Terms.

Get Blogged does not create, produce, edit, review for accuracy, endorse, approve or take editorial responsibility for any Content. Get Blogged does not act as an advertising agency, a publisher, an editorial control point, a regulated intermediary or a fiduciary. Get Blogged's role is limited to providing the technology, workflow and payment facilitation that enables Brands and Creators to transact.

References in these Terms to Get Blogged "reviewing", "moderating", "approving" or "removing" Content are administrative functions performed at Get Blogged's sole discretion for the operation of the Platform, and do not constitute editorial approval, endorsement, verification or acceptance of responsibility for the Content.

3. Acceptance and changes to these Terms

Your use of the Platform constitutes acceptance of these Terms in force at the time of use. We may amend these Terms at any time by posting a revised version on the Platform. Your continued use of the Platform following any amendment constitutes your acceptance of the amended Terms.

Where an amendment materially affects your rights, we will use reasonable endeavours to notify registered Users by email. However, it remains your responsibility to review these Terms regularly.

4. Registration and eligibility

To use the Platform you must be at least 18 years old, have full legal capacity to enter into these Terms, and provide accurate registration information. You are responsible for maintaining the confidentiality of your account credentials and for all activity conducted through your account.

You warrant that all information you provide to the Platform is accurate, current and complete, and that you will update it as necessary.

5. Creator obligations

Every Creator, by accepting a Brief or producing Content through the Platform, agrees to the obligations set out in this clause 5, which apply to every Brief and every piece of Content without exception. These obligations are set out in full in the Creator Agreement at getblogged.net/creator-agreement.

5.1 Compliance with laws and advertising rules

Each Creator warrants, represents and undertakes that:

(a) all Content they produce, publish or make available will comply in full with all Applicable Advertising Rules, including the requirement to clearly, conspicuously and prominently disclose any commercial relationship, sponsorship, gifted product, payment or other form of consideration;

(b) where the ASA, CMA, any regulator, any Brand or Get Blogged directs a specific form of disclosure (for example, use of "#ad", "#advertisement", a platform-native paid partnership label, or a specific placement of the disclosure), the Creator will apply that specific form of disclosure and will not substitute an alternative;

(c) all Content will comply with all applicable laws, including consumer protection law, defamation law, data protection law, intellectual property law and the platform terms of service of any third-party site on which the Content is published;

(d) all Content will be truthful, will not contain claims that cannot be substantiated, and will reflect the Creator's honest opinion where opinion is expressed;

(e) the Creator will not publish Content that is unlawful, defamatory, obscene, offensive, discriminatory, harassing, misleading, deceptive, invasive of privacy, or that infringes any third-party rights;

(f) the Creator has obtained all necessary rights, licences, releases, consents and permissions in respect of any material incorporated into the Content, including music, images, footage, text, brands, trademarks, likenesses and personal data of any identifiable individual; and

(g) where a Brand's Brief requires pre-approval of Content before publication, the Creator will not publish, post or make available any Content until written pre-approval has been given by the Brand or by Get Blogged on the Brand's behalf, and the Creator will publish only the version of the Content that has been approved.

5.2 Amendment and takedown

Each Creator agrees that:

(a) if Get Blogged, a Brand, a regulator or any other party with a legitimate interest notifies the Creator or Get Blogged that Content is non-compliant with Applicable Advertising Rules, unlawful, infringing or otherwise objectionable, the Creator will promptly amend or remove the Content;

(b) amendment or removal must be actioned within 24 hours of the request in the case of removal, and within 48 hours in the case of amendment, unless a shorter period is required by law or by a regulator;

(c) Get Blogged may itself remove or require the removal of any Content at any time in its sole discretion, and the Creator will co-operate fully with any such request; and

(d) failure to action a takedown or amendment request within the required timeframe is a material breach of these Terms and entitles Get Blogged to suspend or terminate the Creator's account and to withhold any payment due to the Creator pending resolution.

5.3 Grant of rights

Each Creator grants to Get Blogged and, through Get Blogged, to the relevant Brand, a licence to use the Content on the terms set out in the applicable Brief. The default position is a non-exclusive, worldwide, royalty-free licence for the Brand to use the Content for the campaign purposes stated in the Brief. Where a Brief specifies broader or longer rights (including any usage rights across a Brand's owned platforms, its social channels, or those of its affiliates and licensees), the Creator grants those rights by accepting the Brief.

Each Creator confirms that they have the full right and authority to grant these rights, and that the grant does not conflict with any other agreement, obligation or third-party right.

Where a Brief requires it, the Creator agrees to execute any further document reasonably required to give effect to the rights granted.

5.4 Creator indemnity

Each Creator agrees to indemnify and hold harmless Get Blogged, its directors, officers, employees, agents and any Brand from and against all losses, damages, costs (including legal costs on a full indemnity basis), fines, penalties, awards, settlements and expenses arising out of or in connection with:

(a) any breach by the Creator of the warranties, representations or undertakings in this clause 5;

(b) any Content produced, published or made available by the Creator, including any claim that the Content is unlawful, defamatory, infringing, non-compliant with Applicable Advertising Rules or otherwise objectionable;

(c) any regulatory investigation, enforcement action, fine or penalty imposed by the ASA, CMA or any other regulator arising from or in connection with the Content; and

(d) any claim by a third party in connection with the Creator's Content or the Creator's use of the Platform.

This indemnity is uncapped and survives termination of the Creator's account and of these Terms.

6. Brand obligations

Each Brand, by using the Platform to post a Brief, engage a Creator or receive Content, agrees to the obligations set out in the Brand Agreement at getblogged.net/brand-agreement, including in particular the following.

6.1 Brief and pre-approval

Each Brand is responsible for:

(a) providing a complete, accurate and lawful Brief;

(b) reviewing and approving Content submitted by Creators before it is published, where the Brief requires pre-approval;

(c) ensuring that any instructions, claims, product information or supporting material provided to Creators is accurate, substantiated and lawful; and

(d) confirming that any Content it approves for publication is compliant with Applicable Advertising Rules and fit for the Brand's intended use.

Where a Brand approves Content for publication, that approval is the Brand's decision. Get Blogged makes no representation or warranty as to the compliance, quality or suitability of Content submitted by Creators, and any administrative review by Get Blogged does not amount to editorial or regulatory approval.

6.2 Brand indemnity

Each Brand agrees to indemnify and hold harmless Get Blogged, its directors, officers, employees and agents from and against all losses, damages, costs (including legal costs on a full indemnity basis), fines, penalties, awards, settlements and expenses arising out of or in connection with:

(a) any breach by the Brand of these Terms;

(b) any Brief, instruction, claim or material provided by the Brand;

(c) any use by the Brand of Content beyond the rights granted by the Creator under clause 5.3; and

(d) any claim by a Creator or third party in connection with the Brand's use of the Platform or of any Content.

7. Payments and Brand balances

7.1 Brand balances

Brands may add funds to their Get Blogged account for use in engaging Creators. All funds added to a Brand's account are:

(a) held solely as a prepayment against future Creator engagements and Platform fees;

(b) not held on trust, in escrow, in a client account or in any fiduciary capacity by Get Blogged;

(c) not a deposit and do not attract interest;

(d) held at the Brand's sole risk;

(e) not client money for the purposes of any regulatory regime.

Get Blogged is not a bank, an e-money issuer, a payment institution or an authorised person for the purposes of the Financial Services and Markets Act 2000. Get Blogged is not acting as an escrow agent.

7.2 No refunds

All payments to Get Blogged and all funds added to a Brand's account are non-refundable, save where a refund is required by applicable law.

Without limitation, no refund will be given in respect of:

(a) funds added to a Brand's account that the Brand has decided not to use;

(b) Platform fees, listing fees, subscription fees or any other charges paid to Get Blogged;

(c) fees paid to Creators once a Brief has been accepted by a Creator;

(d) any campaign that has been delivered, whether or not the Brand is satisfied with the outcome;

(e) any campaign that the Brand cancels after a Creator has been engaged;

(f) any change of mind, change of strategy, change of ownership or change of personnel on the Brand's side; or

(g) any dissatisfaction with the volume, quality, nature, tone or sentiment of Creator applications, pitches or Content, given the inherently subjective nature of creative work.

7.3 Use of Brand balance

The Brand is responsible for using its balance. Get Blogged does not warrant that any specific Creator will be available, that any Brief will attract responses, or that any campaign will achieve any particular outcome.

Where a Brand's account remains inactive for 12 consecutive months, the balance may be treated as dormant in accordance with clause 7.4.

7.4 Dormant balances

We hold the funds in your Get Blogged balance while your account is active. This clause applies to accounts that have been left entirely inactive for a long period.

If an account shows no activity of any kind, meaning no sign-ins, campaigns, top-ups or withdrawals, for 12 consecutive months while a balance remains, we will treat that balance as dormant. Before any deduction, we will contact the registered email address with reminders starting from 10 months of inactivity. A single sign-in or withdrawal resets the clock.

If, after 12 months of inactivity and those reminders, the balance is still unclaimed, it may be forfeited to Get Blogged to cover the ongoing cost of administering dormant funds. Where a User believes a balance was forfeited unfairly, the User may contact support within 30 days of the forfeiture and Get Blogged will review the matter in good faith. Get Blogged's decision on any review is final.

7.5 Chargebacks and reversals

Where a Brand initiates a chargeback, payment reversal or dispute in respect of any payment to Get Blogged, and Get Blogged reasonably considers the chargeback to be unjustified, Get Blogged may:

(a) suspend the Brand's account until the chargeback is resolved;

(b) recover from the Brand any fees, penalties or costs incurred by Get Blogged in connection with the chargeback; and

(c) recover any Creator fees that Get Blogged has already paid or is committed to pay in reliance on the original payment.

7.6 PayPal and payment processor fees

Any fees charged by PayPal, Stripe or any other payment processor are the responsibility of the recipient and are deducted at the point of payment.

8. Content

8.1 No Get Blogged responsibility for Content

Get Blogged does not write, edit, produce, verify, review for accuracy, endorse, approve, moderate for compliance or take editorial responsibility for any Content. All Content is produced by Creators and is the sole responsibility of the Creator who produces it.

Get Blogged makes no representations or warranties, express or implied, about the completeness, accuracy, reliability, suitability, quality, legality, compliance or sentiment of any Content. Any reliance placed on Content is at the Brand's own risk.

8.2 Brand approval is the Brand's responsibility

Where a Brand approves Content, that approval is a matter for the Brand. Get Blogged does not undertake any review, quality control, legal review, regulatory review or compliance check of Content on behalf of the Brand. Where the Platform provides tools that allow a Brand to approve or reject Content, those tools are provided as an administrative convenience only.

8.3 Removal of Content

Get Blogged may at any time and in its sole discretion:

(a) remove any Content from the Platform;

(b) require a Creator to remove any Content from any third-party platform where the Creator has published it;

(c) suspend or terminate any account; and

(d) refuse to disseminate any information that reasonably appears to Get Blogged to be unlawful, defamatory, obscene, false, misleading, non-compliant with Applicable Advertising Rules or otherwise objectionable.

The exercise or non-exercise of these rights does not create any duty, obligation or liability on the part of Get Blogged, and does not amount to editorial or regulatory responsibility for the Content.

9. Intellectual property

9.1 Platform intellectual property

All intellectual property rights in the Platform, including its software, design, branding, content and databases, belong to Get Blogged or its licensors. Users are granted a limited, revocable, non-exclusive, non-transferable licence to use the Platform in accordance with these Terms.

9.2 User content

Each User retains ownership of their own material, subject to the licences and rights granted under these Terms.

9.3 Third-party rights

Users warrant that no material they submit to the Platform infringes the intellectual property, privacy, publicity or other rights of any third party.

10. Warranties and disclaimers

The Platform is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Get Blogged excludes all warranties, representations, terms and conditions, whether express or implied, including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement.

Without limitation, Get Blogged does not warrant that:

(a) the Platform will be uninterrupted, timely, secure or error-free;

(b) any defects will be corrected;

(c) the Platform or the servers that make it available are free of viruses, malicious code or harmful components;

(d) any specific outcome will be achieved from any campaign, Brief or use of the Platform;

(e) any particular Creator will be available, will apply to any Brief or will produce Content of any particular standard;

(f) any Content will be compliant, accurate, lawful or fit for any particular purpose; or

(g) any information transmitted through the Platform will be secure or free from interception.

Any deadline or completion date provided in respect of a Brief is a guide only. Get Blogged is not liable for late delivery of Content or for any consequences of late delivery.

11. Limitation of liability

Nothing in these Terms excludes or limits Get Blogged's liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.

Subject to the above:

(a) Get Blogged is not liable for any indirect, consequential, incidental, special or punitive loss or damage, or for any loss of profits, loss of revenue, loss of business, loss of goodwill, loss of reputation, loss of data, loss of anticipated savings or loss of opportunity, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise;

(b) Get Blogged is not liable for any loss or damage arising from any Content, any act or omission of any Creator, any act or omission of any Brand, any use of the Platform by any other User, or any communication or transaction between Users;

(c) Get Blogged is not liable for any loss or damage arising from the unavailability of the Platform, technical issues, interruption or failure of any third-party service, or any circumstance beyond Get Blogged's reasonable control; and

(d) Get Blogged's total aggregate liability to any User, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise, and whether arising out of or in connection with these Terms, the Platform or any use of the Platform, is limited to the greater of (i) £100 or (ii) the total fees paid by the User to Get Blogged in the 6 months immediately preceding the event giving rise to the claim.

12. Third-party services and links

The Platform may integrate with or link to third-party services, including social media platforms, payment processors and analytics providers. Get Blogged is not responsible for the content, availability, terms or practices of any third-party service.

Users acknowledge that when using the Platform they must also comply with the applicable terms of service of any third-party platform on which they publish Content, including YouTube, Google, Meta, TikTok, X and Pinterest.

13. Termination

Get Blogged may suspend or terminate any User's access to the Platform at any time, at its sole discretion, with or without notice, including for breach of these Terms, regulatory non-compliance, chargeback activity or any other reason that Get Blogged reasonably considers appropriate.

On termination, all rights granted to the User under these Terms cease. The provisions of clauses 2, 5.4, 6.2, 7, 8, 10, 11, 12 and 14 survive termination.

14. General

14.1 Entire agreement

These Terms, together with the Creator Agreement, the Brand Agreement (as applicable) and any Brief-specific terms accepted through the Platform, constitute the entire agreement between the User and Get Blogged relating to the use of the Platform.

14.2 No partnership or agency

Nothing in these Terms creates a partnership, joint venture, agency, employment or fiduciary relationship between Get Blogged and any User.

14.3 Assignment

Users may not assign, transfer or sub-license any of their rights or obligations under these Terms without Get Blogged's prior written consent. Get Blogged may assign, transfer or sub-license its rights and obligations under these Terms freely, including to a purchaser of the Platform or of the Get Blogged business.

14.4 Severance

If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it valid and enforceable, or if that is not possible, severed. The remainder of these Terms will continue in force.

14.5 Third-party rights

No person who is not a party to these Terms has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms, save that any Brand named in a Creator's Brief may enforce clause 5 directly against the Creator.

14.6 Governing law and jurisdiction

These Terms are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction to determine any dispute arising out of or in connection with these Terms.

14.7 Contact

For any questions or notices in connection with these Terms, contact us at [SUPPORT EMAIL — Ben to confirm].

Google and YouTube (Third Party) Terms of Service

When using Get Blogged, you will also need to take note of and comply with Terms of Service from third parties integrated with the Platform. By using Get Blogged you are agreeing to and bound by the following:

• YouTube Terms of Service: https://www.youtube.com/t/terms
• Google Privacy Policy: https://policies.google.com/privacy
• Google Security Settings: https://security.google.com/settings/security/permissions

At any time you wish to revoke any Security Access you have provided to your accounts on YouTube or Google, you can do so by visiting Google Security Settings.