Intro: Who we are and what these Terms are used for
Your Registration: How to get started with Bumbl
You: General stuff about you and your basic obligations
Us: General stuff about us and our basic obligations, including exclusions and limitations of liability
Content: Information about content you can post and associated intellectual property rights
This Contract: General legal stuff about our relationship with you, often called ‘the boilerplates’
Thank you for choosing to use Bumbl, it’s a decision we’re sure you won’t regret. We are a small, but perfectly formed digital marketing agency, which focuses on building digital solutions that pull a more targeted audience towards our Clients. If you’re reading these Terms that means, you’ve either gotten lost on our website or you want to join our growing network of Influencers. We do the hard work of attracting and launching campaigns with our Clients while you sit back and wait for offers of work (‘Offers’) from us. Your Offers will include details about the type of content we wish you to upload and any remuneration you will be paid.
If you accept these Offers you will then be expected to influence our Client’s target audience through your Instagram, Twitter, Youtube, Facebook or Snapchat accounts, which collectively we’ll call your ‘Social Media’. You will have to agree to each Offer on an individual basis and these will be sent to you directly by us, at which point you’ll have the opportunity to accept or reject the Offer. If you don’t feel an Offer is right for you, don’t worry, we won’t hold it against you. You can find more detailed information about the Service we offer by visiting our ‘Website ‘at www.wearebumbl.co.uk.
The Service that Bumbl offers (which we’ll refer to in this document as our ‘Service’) requires groups of people to interact with each other (us included) within some kind of framework designed to safeguard everyone’s legitimate interests. In essence, that framework is provided by these registration terms, which we’ll refer to as the ‘Terms’.
Bumbl is owned and operated by Bumbl Creative Limited, whose registered office is located at Business Start-Up Hatchery 4th Floor Wynne Jones Building, Ellison Place, Newcastle Upon Tyne, United Kingdom, NE1 8ST. When we use words like ‘Bumbl’, ‘we’, ‘us’ and ‘our’ in these Terms, it is to Bumbl Creative Limited that we refer. Likewise, when we use words like ‘you’, and ‘your’, we are referring to you, an ‘Influencer’, whom, we hope, will soon be a registered user of our Service. Anyone who uses Bumbl to access our network of Influencers to market their brand, goods or services we will refer to as our ‘Clients’.
You will only receive Offers from those Clients that have registered directly with us and they can only do so by creating a business account, details of which can be found on our Website. If you wish to use our Service to advertise your brand you will need to be register as a business Client of Bumbl.
You may notice throughout that certain phrases and sentences begin or are followed by a single word, highlighted in bold like ‘This’ or like (‘This’). When you see this, we’re telling you we want to use this word as a definition throughout these Terms and we’ll make it clear when we use these definitions again by repeating these words with the Seemingly Inappropriate Use Of Capital Letters.
All of these Terms apply to everyone who wishes to register to use our Service as an Influencer and when you complete your registration by accepting these Terms, there will be a legal contract between you and us.
We will need some basic information from you to complete your registration. This includes your full name, a functioning email address, your city, mobile phone number and username or page information for at least one Social Media account. We do have minimum requirements for the number of followers you are required to have on any Social Media account and you can find our current minimum numbers on our Website. Unfortunately, if you do not meet this required criteria you won’t be able to register to become an Influencer.
By completing your registration, you confirm that the information you are providing to us during your registration and in your Profile is accurate and up-to-date. You can change your personal or Social Media details later by accessing your settings through the Website.
By completing the registration process through the Website you warrant to us that you have read and accepted these Terms. It is important that you have read and carefully considered these Terms as upon acceptance you are entering into a contract with us and that contract is based upon them. Don’t worry, you don’t *have* to do anything in particular. If you register and subsequently decide not to use our Service or decide to decline any Offers we may send you, there’s nothing you are required to do (and if you wish, you can have your registration terminated). But since you are entering into a contract with us, it would be sensible to have a good read of these Terms just to make sure you are aware of all of your rights and obligations.
You’ll always be able to find a copy of these Terms on the Website, but you might decide to print off a copy for your records. If you do, please bear in mind that the Terms might change in the future, especially since we may add functionality to the Service that we offer over time. We may change these Terms and if we do so, we will, of course, contact you to let you know that the Terms are to change, what those changes are and when the changes will come into effect. If you continue to use our Services after that, you will do so having accepted the new version of the Terms.
Once you have registered with us and set up your account, you will be eligible to receive Offers from us on behalf of our Clients, however, we cannot guarantee that you will receive any Offers.
Our contract with you is subject to the non-exclusive jurisdiction of English courts and is governed by English law. Because of the way English law works, children are not capable of entering into contracts. Consequently, our users must be at least 18 years of age and you confirm that you are and that you are capable of entering into binding contracts.
Assuming then that you are over 18 and are capable of entering into contracts that are legally binding upon you, your registration on these Terms gives rise to a contract between you and us that is indeed binding on both you and us and those that may later inherit the benefit of the contracts that we have formed. You may not transfer or sell your rights under this contract to anybody else, nor may you use it as security for anything. The nature of running a Service like Bumbl means that we may, for some reason have to ‘assign’ the contract that we’ve formed with you to another business (for example, as part of a restructure or if we are acquired by another company) and so we have the right to do that, but we will let you know in advance of any such ‘assignment’.
We may terminate your account if, at our discretion, we consider it to have become inactive. Generally this will be where you have not used Bumbl for a year or so, but it may be less and there may be other factors we take into account.
At any given time, we reckon we have a pretty good idea as to how well the functionality we’ve provided is working. We’re working on new features all the time and occasionally, we may want to replace older features with new, better ones. It is inevitable that every now and again, we will provide features or functionality that seemed like a really good idea at the time but which, for whatever reason, don’t really catch on with our Influencers and the Clients we support. So when this happens, we reserve the right under these Terms to add or remove functionality and features. We will do our best to give you some advance notice of this but from time to time, it might not be possible. For example, if something breaks and it is complicated to fix and not sufficiently popular to warrant dropping everything to fix, we may decide to withdraw it immediately. That withdrawal may be temporary or it may be that we withdraw it permanently, and we reserve the right to decide what’s best in the circumstances.
In English law, it would be unlawful for us to attempt to exclude or limit liability for personal injury or death arising from our negligence, or for any loss you suffer as a result of our fraud. The same applies to any statement we make fraudulently intending you to rely on it in entering into this contract with us. It’s pretty difficult to see how your use of the Website or our Services contained within could result in anybody suffering any kind of physical harm, but we just need to be clear about these things.
Bearing in mind always the exceptions we have mentioned in the previous paragraph, there are certain types of liability that we are permitted by law to limit or exclude and, accordingly, WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT OR CONSEQUENTIAL LOSS, DAMAGE OR EXPENSE (INCLUDING LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL) THAT YOU MIGHT SUFFER AS A RESULT OF USING THE WEBSITE, HOWEVER THAT LOSS DAMAGE OR EXPENSE MIGHT ARISE.
In addition, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM OR FOR THE DELAY IN THE PERFORMANCE OF ANY OF OUR OBLIGATIONS UNDER THESE TERMS THAT IS CAUSED BY EVENTS THAT ARE BEYOND OUR REASONABLE CONTROL. This might include a failure of a mobile phone network or Wi-Fi network to deliver an Offer to you through the Service.
If we happen to make a statement that turns out to be untrue (whether orally or in writing) prior to your registration, then, unless that statement was made fraudulently by us, we will only be liable to you should that untrue statement result in us breaching these Terms. If it does not, the untrue statement has no impact on our relationship with you save insofar as it may impact on your legal rights as a consumer.
These limitations and exclusions of liability will survive the termination of your registration (which, in turn, would terminate our contract with you).
In making sure that our Clients are satisfied and that the Service is working efficiently, we may review the content being uploaded by you and our other Influencers. We may request you to remove or amend content posted to your Social Media if that content contravenes these Terms or the Client requests us to do so. Failure to remove this Content when asked to do so will be a breach of these Terms and we may suspend your access to the Service indefinitely if you fail to do so. Likewise, if you see any content on Social Media by another one of our Influencers that in your opinion is in breach of these Terms then please do let us know and we will look into it.
You also need to be aware that viruses can be transmitted via websites and apps, not just email. If you want to make sure that your systems are safe from infection, you should run suitable security software because WE HEREBY EXCLUDE LIABILITY FOR ANY VIRUS INFECTION OR OTHER HARM CAUSED TO YOUR SYSTEMS THROUGH YOUR USE OF THE WEBSITE, ANY CONTENT DOWNLOADED VIA THE WEBSITE OR WHEN FOLLOWING ANY LINKS TO WEBSITES RUN BY OTHER PEOPLE.
There may come occasions where we choose not to insist on your total compliance with your obligations under these Terms or that, where you’ve breached the Terms, that we don’t make use of our rights to take action against you. This does NOT mean, however, that we are waiving those rights. We can take action against you later if we so choose, and at any time during the lifetime of your registration (or indeed, where necessary, at any time after the termination of your registration), we can return to the issue and insist upon your compliance.
If you accept an Offer from us, you will be required to upload a combination of text and media to your Social Media. All intellectual property rights in any images that you have personally taken and all the accompanying text in these posts belong to you. If we send you text or media as part of an Offer that you will be required to upload, all intellectual property rights in that content will belong to Bumbl or to our Client. We grant you a non-exclusive, royalty-free, license to use any media for the duration of the Offer (though you can keep it on your Social Media once you upload it) and we warrant that we have the necessary permission and rights to grant such a license either on our behalf or on the behalf of our Client. You have no right to copy, edit or store the intellectual property of Bumbl or of any Client of Bumbl in any way other than insofar as you are posting content to your Social Media.
If you didn’t already know, intellectual property is the term used to describe things that can be owned but which are not physical in nature. The owner of intellectual property doesn’t own something that is tangible but instead has the right to control how that intangible thing is used, hence the term “intellectual property rights”. Trade marks, patents and copyright are well-known and commonplace forms of intellectual property, but there are lots more besides. If you use somebody else’s intellectual property rights without their permission (which is often called a “licence”), you’ve “infringed” their rights.
In the same way that you own the intellectual property rights in any content or media that you create, we own the framework and content that makes up the Website. That includes all the ‘copy’, the code, the look and feel and the trade marks and graphics and you can use all of that in making use of your registration in accordance with these Terms but absolutely no more than that. Even the copyright in these Terms and the other legal documentation you see on the website is owned by our lawyers and licensed to us for this purpose. Were we to use your things without asking, you would be most unimpressed. So please don’t try to use any of the intellectual property that we provide for purposes that are not intended or envisaged by these Terms and in particular, don’t attempt to associate yourself with us or claim any form of endorsement from us.
If, for some reason, you need to communicate with us for contractual purposes, you can do this by email addressed to firstname.lastname@example.org but if you really feel the need, you can send us a letter by post, sent to the address provided above.
Information that we send to you or you send to us for contractual reasons we’ll call “Notices” for the purposes of these Terms. There may be times when we all need to know when such a Notice was received. To make things easy, those Notices will be deemed to be received as follows. A Notice sent by us to you via a notification sent to your account via the website or an email sent by you to us or us to you, will be regarded as having been received the day AFTER it is sent, just to give everyone a reasonable chance to pick it up. If a Notice is sent in either direction by letter (probably from you to us, since we won’t know, nor will we necessarily want to know, your residential address), that Notice will be regarded as having been received (assuming that it was properly stamped and sent by first class mail) three days AFTER the day on which it was sent, or in the case of a letter sent from overseas by airmail, ten days AFTER the day on which it was sent.
It might just be that at some point in the future, a court or some other authority has cause to review these Terms and in so doing, rules that some or other part of them is invalid, unlawful or unenforceable. Obviously, that could cause a bit of a problem, certainly for us and possibly also for you. So, in the very unlikely event that something like that happens, there will be two consequences. First, everybody accepts that the rest of the Terms will remain in place between us and that the contract will survive intact with the problematic element removed. Second, the authority or court taking action may compose a replacement for the stricken terms that do as good a job as reasonably possible as the job previously done by the terms removed, or, where the authority or court taking action declines to do so, you agree that we may replace those terms ourselves with something else that complies with the ruling.
In England, there is a law that gives third parties (that is, people who are not ‘party’ to a contract) certain rights to enforce terms that are intended to benefit them. This is called the Contracts (Rights of Third Parties) Act 1999. This will apply under these Terms where, for example, artists want to enforce their rights against purchasers of content that they have sold, or purchasers want to take up with artists a breach of the terms under which that purchase has been made. Apart from that, though, just to be clear, any right of a third party to take action under that law is excluded. There may be other situations where third parties can take action and where we are not permitted to exclude that possibility, such third party rights remain, so you might want to bear that in mind.
This concludes these Terms and as soon as you completed your registration through the Website, you will have a binding contract with us.