Terms and conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
Please note that these terms are not intended to alter or dilute the terms of any Content Agreement (defined below) that you may enter into with Blend Media. Where you enter into any such agreement with Blend Media you agree that its terms shall prevail over these terms in the event of any conflict.
Other applicable terms and policies
- Our Referral Policy, which governs the terms upon which you can refer new business to Blend Media.
Information about the owner of the Website
The Website is operated by Blend Media Limited ("we, us, our"). We are registered in England and Wales under company number 09874938 and have our registered office at Finsgate, 5 – 7 Cranwood Street, London, England EC1V 9EE.
Changes to these terms
Changes and Content
We may update the Website from time to time, and may change the content featured on it at any time.
We do not guarantee that the Website, or any content on it, will be free from errors or omissions, nor do we undertake to regularly update the Website or to ensure that content on it is up to date or current.
We do not offer professional advice of any kind via the Website and you should not treat any content featured on it as professional advice of any kind, you should always obtain appropriate specialist advice before taking, or refraining from, any course of action on the basis of the content of the Website.
Accessing the Website
We do not guarantee that the Website, or any content on it, will always be available or that access to it will be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.
We do not represent that content available on the Website is appropriate or localised for locations outside of the United Kingdom. We may limit the availability of the Website or any service or product described on the Website to any person or geographic area at any time. If you choose to access the Website from outside the United Kingdom, you do so at your own risk and accept that you are wholly responsible for your own compliance with local laws.
Your account and password
If you create and register an account to use the Website and/or if you are provided with a user identification code, password or any other piece of information as part of our login or security procedures, you must treat such information as confidential. You must not disclose any of your login or access details to any third party, nor permit them (or the features of the Website that they enable access to) to be used by any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
REFERRALS TO BLEND MEDIA
If you refer new business to us, you may be eligible to receive a commission. Your eligibility, and the value of that commission shall be determined in accordance with the Blend Referral Policy, which is set out on the Website. Please note that we shall have sole and absolute discretion in determining whether any particular referral is valid and/or whether any fee or commission is due in respect of the same.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights inherent in the Website, and in the material published on it. Unless specifically stated otherwise, nothing in these terms or on the Website shall give effect to any transfer of such intellectual property rights from us to you.
You recognise that where you upload image or video content (“Content”) to the Website, or where you licence Content from the Website for use elsewhere, that our respective rights to use the intellectual property rights inherent in that Content will be governed by a separate agreement (a “Content Agreement”).
Other Intellectual Property
You agree that where there is not a valid Content Agreement in place between us, your sole right to use the intellectual property inherent in the Website (and any Content which may feature on it) is a non-exclusive licence to make use of the Website and its content only as is strictly necessary to enable you to access the Website and to peruse its contents. For the avoidance of doubt, you may not use any Content in any way unless there is a valid Content Agreement in place between us relating to that particular Content.
You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others within your organisation to content posted on the Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics for any commercial purpose, nor may you use them separately from any accompanying text (such as text which identifies the creator).
Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.
You must not use any part of the content on the Website, including our trade marks or the Blend Media name more generally, for commercial purposes without obtaining a licence to do so from us or our licensors. In particular, you may not use our trade marks or trading name as any kind of ‘link’ without our express permission.
Reporting Suspected Breaches
If you believe that any material which features on the Website represents a breach of your intellectual property rights then please inform us immediately by writing to us at:
Post:The Copyright Officer
Blend Media Limited
5 – 7 Cranwood Street
Limitation of our liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.
Save for as specifically set out in a written agreement We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the Website; or
- use of or reliance on any content displayed on the Website.
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
In respect of all claims made by you against us in relation to these terms or their subject matter (whether in contract, tort or otherwise) our total aggregate liability shall be limited to either (a) the total value of fees paid by us to you, or you to us, pursuant to the terms of Content Agreements in the 12 month period immediately preceding the date on which your first cause of action arose, or (b) the sum of £100, whichever is greater.
Where you upload Content you recognise that a Content Agreement will apply and may specify alternative duties to these terms. Where a Content Agreement specifies alternative terms in this way these are to be considered additional to the obligations set out in these terms unless specifically stated otherwise in the relevant Content Agreement.
Your General Responsibilities
You warrant that you will not upload any content which is unlawful, false, misleading, promotes third party products or services, is defamatory, libellous, unlawful, pornographic, violent in nature, or which is racist, homophobic, or otherwise promotes hatred, nor will you upload any content or any pattern of content which constitutes harassment, or which might otherwise bring us or our business into disrepute.
You specifically warrant that you will not upload or submit any material (including Content) to the Website which you are not fully entitled to distribute in the fashion contemplated by these terms and any relevant Content Agreements.
You warrant that you will not use the Website in any way which is unlawful, fraudulent malicious, or which is designed to harass, intimidate, defame or imitate any other user.
You agree that you will be liable to us and that you shall indemnify us for any breach of the warranties set out above.
You warrant that your use of the Website will be conducted in compliance with all applicable laws.
Save for as may be set out in a relevant Content Agreement, any material that you upload (including without limitation your profile page information, comments, and messages) to the Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and all other users of the Site an irrevocable, worldwide, royalty free licence to use, store and copy that content and to distribute and make it available to third parties as we, and (to the extent that we may permit such use) other users, see fit.
You acknowledge that we also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy, or to any lawful authority that may otherwise compel us to disclose it (such as the police, or parties in possession of a court order).
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Website.
You acknowledge that any views or opinions expressed by users of the Website may not represent our views or values, and accordingly you agree that we shall not be liable for those views or opinions or for any consequences of the expression of those views or opinions.
You are solely responsible for securing and backing up your content.
We are not responsible for any disputes between users of the Website, nor for any arrangements which they may enter into between themselves while using it or in relation to it. Such arrangements are private transactions for which we accept no responsibility.
We do not guarantee that the Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software and we shall have no liability for any consequences of your failure to do so.
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
Linking to the Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Where we provide any kind of graphic or image for use as a link, you must use it in accordance with any applicable branding guidelines which we may publish from time to time. You must not amend or modify these graphics or images in any way. Graphics of this nature must not be used for any other purpose without our express written permission.
You must not establish a link to the Website in any website that is not owned by you.
The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page.
We reserve the right to withdraw linking permission without notice.
Third party rights
These terms are not intended to confer any benefit on any individual that is not a party to it. The parties to these terms agree that no third party shall have any right to enforce its terms or to compel its performance.
Third party links and resources in the Website
The Website may contain links to other sites and/or resources provided by third parties, such links are provided for your information only.
We have no control over the contents of third party sites or resources and accept no liability in respect of their contents or the actions of their owners/operators/users.
These terms, their subject matter and formation (and any non-contractual disputes or claims arising in relation to the same) are governed by English law. The parties agree to the exclusive jurisdiction of the courts of England and Wales in respect of all such claims or disputes.
To contact us, please email email@example.com.