TERMS AND CONDITIONS

 

These Terms and Conditions (“Terms”) constitute an agreement between Blogapalooza Inc. and the user (“User(s)”, “you”, “your”). Blogapalooza Inc., a corporation incorporated under the laws of the Republic of the Philippines and having its registered office at Level 10-1 10/F One Global Place 25 St. cor. 5th Ave. Bonifacio Global City, Taguig City (“Blogapalooza”, “we”, “us”, “our”), has developed and owns the official website (the “Website”) to provide information and services to the User(s), including but not limited to influencer marketing, talent management, creative spaces, and merchandise platforms (“Services”).

 

By visiting, signing up or registering on the Website, availing of the Service, or using, accessing, viewing or otherwise relying on the information, graphics, and materials on the Website, you acknowledge that you have read and understood, and agree to be bound by the Terms. We reserve the right to change and/or modify the Terms at any time, at our sole discretion. Your continued use of the Website will signify that you accept the new or modified Terms. You hereby agree that you will be solely responsible to view the Terms on the Website, from time to time, to stay abreast of any changes and/or modifications that we may introduce.

 

Blogapalooza and the User(s) shall collectively be referred to as “Parties” and individually as “Party”.

 

1. ABOUT BLOGAPALOOZA

 

Blogapalooza is the premier influencer marketing partner in the Philippines, professionalizing creative content creation and distribution through influencers, and promoting systemized business-influencer relationships. Our Website provides access to our core Services, which include:

1. Blogaccounts: A specialized management service for communications and advertising campaigns with Key Opinion Leaders (KOLs) and influencers.

2. BX: The talent management and professional representation arm of Blogapalooza, aimed at developing the next generation of exceptional digital talents.

3. BlogaPlay: An entertainment channel showcasing fun, relatable content and real stories of creators.

4. Bloga Creator Hub (BCH): A creative space and studio for the broad creator community to connect, create, and collaborate.

5. Blogafied: An end-to-end e-commerce platform for creator merchandise.

6. Elevate: A data and relationship management platform designed to streamline communications and collaborations between brands and creators.

7. The Orange Club: An exclusive membership program that provides creators with special access to events, learning opportunities, networking activities, partnerships, and other member benefits.

 

1. ELIGIBILITY AND ACCOUNT CREATION

 

By accepting these Terms, you represent that you are at least the age of majority in your jurisdiction of residence, with full legal capacity to enter into these Terms. 

 

If you create an account on our Website or register for our Services, you acknowledge and consent to provide necessary  information for the creation of such account, including but not limited to the following details (“Registration Data”):

• Name

• Email Address

• Personal Information

• Business Information

 

We reserve the right, at our sole discretion, to refuse the registration of an account. Any such account is for your sole personal use, and any transaction made using your account shall be attributed to you alone. All information you submit during the registration and thereafter must be truthful. By creating an account, using the Website, and/or availing of the Services, you warrant and undertake to:

 

• Provide complete and accurate information as you may be prompted by the Website and when making communications with us;

• Maintain and promptly update your Registration Data, and any other information you provide to the Website, and keep it accurate, current, and complete; and

• Use the Website in accordance with all applicable laws and these Terms.

 

Any personal information you provide during the registration process shall be processed in accordance with our Privacy Policy. You must not transmit any malicious software, commit illegal access, abuse the Services, or in any manner commit any cybercrime.

 

Without limiting other remedies, we reserve the right, at our sole discretion, without prior notice, to limit, modify, or terminate your access to the Website or to your account, issue a warning, temporarily suspend, indefinitely suspend your account and/or impose fees and penalties, and charges, pursuant to these Terms if:

 

• We gain knowledge and/or information that you have provided us with false or misleading Registration Data or created fraudulent, simulated and/or fake accounts;

• You create, forward, or otherwise use the Website for harmful, spam, or fraudulent activities;

• We suspect that your account is being used in abusive, unauthorized, or fraudulent manner;

• Your use of the Website is or becomes violative of applicable laws and regulations;

• You otherwise violate or are in breach of these Terms or the documents it incorporates by reference.

 

We reserve the right to modify, change, delete, or add features to our Services, or terminate or suspend access to the Website and use of the Services, at any time without assigning any reason. We are not liable to you or to any other party for any damages, losses, costs, or expenses however caused by or arising out of our exercise of our right under this paragraph.

 

You are responsible for the security of your account and will solely be liable for any use (including unauthorized use) of your account. You are solely responsible for the security of any device through which you access your account and will be solely liable for any use (including unauthorized use) of your account through any device through which you have previously accessed your account.

 

1. ARRANGEMENTS WITH USER

 

The User acknowledges and agrees that the Website facilitates connections between content creators and brands. To offer its Services, Blogapalooza may enter into agreement/s with third party entities, including but not limited to those you have entered into agreements with or have an existing contractual relationship with. Any engagement, talent management, or campaign collaboration shall be governed by separate, specific agreements executed between Blogapalooza and the relevant parties. In the event of a conflict between these Terms and a specific executed contract, the terms of the specific contract shall prevail.

 

1. INTELLECTUAL PROPERTY

 

Blogapalooza and/or its licensors hold the exclusive copyright over all materials contained on this Website, including, but not limited to, text, data, articles, designs, source code, software, photographs, images, logos, and other related information (collectively, the “Content”). The Content is protected under the applicable laws of the Republic of the Philippines and international copyright statutes and treaties.

 

Any reproduction, copying, redistribution, republication, display, posting, or transmission of the Content, whether in whole or in part, by any means is strictly prohibited without the express prior written consent of Blogapalooza. You may not decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine any source code, algorithms, methods or techniques embodied by the Website, the Content, or any derivative works.

 

All logos, marks, and insignias of Blogapalooza, including Blogaccounts, BlogaPlay, BX, BCH, and Blogafied, (“Marks”) are proprietary trademarks owned by Blogapalooza. You shall not reverse engineer, decompile, or disassemble such trademarks or attempt to discover the source code of the Marks. Nothing in this Terms should be construed as any grant of any license or right to use the Marks displayed on the Website without the prior written consent of Blogapalooza.

 

You agree that you do not have any claim of ownership over any and all intellectual properties included in, or which may be found in the Website or in relation to the Services. You hereby waive the right to raise any such claim before courts of law and administrative tribunals.

 

1. THIRD-PARTY LINKS

 

Certain content, products, and Services available via our Website may include materials from third parties. Third-party links on the Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and we disclaim any and all liability or responsibility for any third-party materials, websites, or policies of third parties. All offers to sell and statements relating to goods and services available on third party websites are the responsibility of the third party entities operating such third party websites. If you choose to engage or enter into an agreement with said third party entities, Blogapalooza is not a party to such agreement, and the agreement will be directly between you and the relevant third party entity.

 

Blogapalooza makes no warranties or representations:

• About the quality, accuracy, merchantability, or fitness for purpose of third party materials, third party products or services, or products or services other other parties offered through such third party websites;

• That the third party materials do not infringe the intellectual property rights of any person.

 

You undertake and warrant to review the applicable agreement, terms and conditions, and privacy policy or third party entities before availing of or proceeding with any third party products and/or services.

 

1. PROHIBITED USES

 

In addition to other prohibitions set forth in the Terms, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; or (h) to spam, phish, pharm, pretext, spider, crawl, or scrape.

 

1. DISCLAIMER OF WARRANTIES

 

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. You agree that your use of, or inability to use, the Service is at your sole risk. To the fullest extent allowed by law, the Service and all products and Services delivered to you through the Service are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, whether express or implied, including without limitation, implied warranties of merchantability, warranties against hidden defects, and/or fitness for a particular purpose.

 

1. INDEMNIFICATION

 

You shall indemnify, defend and hold harmless Blogapalooza (including its officers, directors, employees, shareholders, affiliates, associates, group companies, agents, representatives, partners, and/or subcontractors) from any and all claims, losses, damages, obligations, liabilities, costs, charges, and expenses (including but not limited to attorney’s fees) arising out of or in connection with: (a) your access and use of your account, the Website, and the Services; (b) your violation of these Terms; or (c) your violation of any rights of a third party, including intellectual property rights.

 

1. LIMITATION OF LIABILITY

 

In no case shall Blogapalooza, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, arising from:

• your use of any of the Service or any products procured using the Service;

• access to your account by a third party (whether authorized or unauthorized); or

• your use of, or reliance on, any information, material, third party material, third party service, or third party websites contained in or linked from the Website.

 

1. GOVERNING LAW AND DISPUTE RESOLUTION

 

These Terms are governed by and construed in accordance with the laws of the Republic of the Philippines without reference to its conflict of laws provisions.

 

Parties shall use their good faith efforts to resolve any dispute, controversy or claim of any nature whatsoever arising out of or in relation to or in connection with these Terms. To this end, the Parties in dispute shall each promptly appoint representatives of appropriate standing who shall meet and attempt to resolve any dispute between them. In the event that an amicable settlement has not been reached within thirty (30) calendar days of the Parties’ meeting as aforesaid, the following provisions of this clause shall apply.

 

Any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Philippine Dispute Resolution Centre, Inc. (“PDRCI”) Arbitration Rules in force at the time of the commencement of the arbitration. 

 

In the event of failure to settle disputes via arbitration, all matters, claims or disputes arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Taguig City, Philippines, to the exclusion of all other courts.

 

1. ENTIRE AGREEMENT

 

These Terms constitute the entire agreement between Blogapalooza and you, and no other agreement, written or oral, exists between you and the Company. By using the information on the Website, you assume full responsibility for any and all gains and losses, financial, emotional or otherwise, experienced, suffered or incurred by you. Blogapalooza and/or the Platform does not guarantee the accuracy, completeness or timeliness of the information.

 

1. SEVERABILITY 

 

If any of the provisions in these Terms is found unenforceable, all other terms and conditions will remain unaffected and in full force and effect. The failure to enforce any provision of these Terms is not a waiver of our right to do so later, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving Party.

 

1. SURVIVAL

 

All provisions of these Terms that give rise to a Party’s ongoing obligation will survive termination of these Terms.

 

1. ACCEPTANCE AND CHANGES TO THE TERMS

 

You acknowledge and agree that these Terms may be amended from time to time by updating their respective pages. We will use commercially reasonable efforts to generally notify all Users of any material amendments to these Terms such as via email or posting a notice on the Website. 

 

You understand and agree that your continued use of the Services, access of your account, or non-termination of your account after due notice and effectivity of the changes and modifications constitutes your acceptance of any change or modification to these Terms. Should you disagree with any change or modification, you must discontinue the use of all Services and terminate your account.

 

1. CONTACT INFORMATION

 

If you have any questions about the Terms,  you may send them to us at info@blogapalooza.ph.