Terms of Use

Article 1 – Definitions

Account

The account created by the User when registering in order to access the Crowdvertising Platform and use the Service

Advertiser

A company using the Service in view of promoting its products and/or services

Agency

A BLUGLE -authorized agent, vendor or reseller of the Service(s)

Application

The mobile application for Users allowing them to participate in Challenges and share Content (iOS and Android)

Award

The sum of money paid by the Advertiser to the successful Users in case of a Challenge

BLUGLE/We/us/our

BLUGLE SA, having its registered office at Avenue Emile de Beco 83, 1050 Bruxelles, a company listed in the Belgian Trade and Companies Register under number: +32 2 649 02 51

Campaign

An advertising campaign using the Service

Challenge

The creation of branded video contents by Creative Users on the basis of a creative briefing provided by the Advertiser followed by the distribution hereof

Compensation

Total amount due to the Influencer in return for sharing the Content and calculated on the basis of the total number of valid clicks multiplied by the CPC and CPL (as applicable)

Content

A branded video approved by the Advertiser, created either by the Advertiser or by the Users

CPC

Cost-per-click

CPL

Cost-per-like

Creation

Content created by Creative Users as a result of a Challenge

Creative User

A User who participates in Challenges

Crowdvertising Platform

BLUGLE’s platform offering interactive advertising solutions and consisting of:

(i) A website for the Advertiser (Dashboard) allowing to set up and manage Campaigns or Challenge

(ii) The Application

Guidelines

The conditions Creations need to respect, for being considered eligible to participate to the contest, including the criteria for the selection of the winning Creations, The Guidelines are provided by either the Advertiser or the Agency to BLUGLE in the framework of a Challenge.

Influencer

A User who shares Content on any third-party website or online service, including any third-party social media service and/or any advertiser website

Privacy Policy

The privacy policy according to which BLUGLE collects, uses and stores personal data in the framework of the Crowdvertising Platform and Service

Service

A service consisting in the organization and management of Challenges and Campaigns and the distribution of Content via the Crowdvertising Platform, on any third-party website or online service, including any third-party social media service and/or any advertiser website

Terms of Use

These terms and conditions governing the use of the Crowdvertising Platform and Application by the Agency or the Users

User(s)

A community of Influencers and Creative Users participating in Challenges and sharing Content

Wallet

The user individual account on which the compensation and the awards are credited

Article 2 - Acceptance of the Terms of Use

2.1.        BLUGLE provides the Crowdvertising Platform and the Service to the User(s) subject to compliance with all the terms, conditions, and notices contained or referenced herein, as well as any other written agreement between BLUGLE and Users.

2.2.        These Terms of Use, together with BLUGLE’s Privacy Policy and any other agreement governing the purchase of the Service(s), constitute a binding agreement between BLUGLE and the User BLUGLEBLUGLE.

2.3.        By using the Crowdvertising Platform and the Services, the User agrees entirely and irrevocably with the conditions and guidelines for the use of the Crowdvertising Platform and Service(s) contained in the present Terms of Use. If Users use the Services on behalf of any entity,he/she  represents and warrants that he/she is authorized to accept these Terms of Use on such entity’s behalf and that such entity agrees to be responsible to BLUGLE in case of violation of these Terms of Use.

2.4.        In case of questions, complaints and/or remarks with regard to the Terms of Use, the Crowdvertising Platform or Service(s), Users should contact BLUGLE using the following email address:  hello@blugle.tv 

2.5.        BLUGLE reserves the right to modify, adapt, upgrade and/or update both the Crowdvertising Platform and the Service(s) as well as these Terms of Use at all times, without any prior warning, in order to comply with the (changing) legal obligations or to improve the Service. Any modified version of these Terms of Use shall be deemed to have been applicable as from the first date of publication. Users are advised to regularly consult the Terms of Use. The continued use of the Crowdvertising Platform and the Service(s) will constitute acknowledgment of the modified Terms of Use and to abide and be bound by the modified Terms of Use.

Article 3 – Terms specifically applicable to User(s)

3.1.        General

3.1.1.        The User represents and warrants that he/she are at least 18 years of age, (b) have not previously been suspended or removed from using the Services; (c) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party; and (d) will not use the Service(s) if the laws of your country prohibit from doing so in accordance with these Terms of Use.

3.1.2.        In order to have access to the Crowdvertising Platform and the Service the User needs to log in by either using one of its social media profiles or by signing up introducing its e-mail address and password. By creating an Account, the User agrees to: (a) provide accurate, current and complete Account information; (b) maintain the security of its password, not share its password with any other person and accept all risks of unauthorized access to its Account; (c) not to provide any false personal information on BLUGLE, or create an account for anyone other than him/herself without permission and (d) not to create more than one personal account (e) promptly notify hello@blugle.tv if he/she discovers or otherwise suspects any security breaches related to your Account or the Service(s).

3.2.        Type of Campaign

An Influencer shall be provided on the Crowdvertising Platform with Campaigns to share. These proposals will be made by BLUGLE taking into account the Influencer’s profile, interests and criteria defined by the Advertiser. The Campaign shall in particular include information such as:

  • the description of the Campaign
  • the start and end date of the Campaign
  • the financial conditions proposed to the Influencer
  • the budget payable to the Users and the level of its consumption

3.3.         Sharing of Content

3.3.1.        When an Influencer decides to share the Campaign, he/she shall share the Content via the Application on the third party (social network) sites of its choice among those provided on the Platform and proposed for the Campaign. The Influencer shall share the Content with a short personalized post that is relevant for the Campaign.  

3.3.2.        The Content needs to be shared in public mode, which means visible for everybody and not only to the Influencer’s direct network.

3.3.3.        Depending on the social network selected for sharing, The Influencer can track at all times the number of clicks and/or “likes” (on the posts made on Instagram) on the Content it posted on any third-party website or online service, including any third-party social media service and/or any advertiser website.

3.3.4.        When posting any content on third party online platforms using the Services, the Influencer recognizes that, in addition to these Terms of Use, it will be bound by any of the legal terms and conditions governing these third party websites or online service. The Influencer will hold BLUGLE harmless from any claim regarding a potential or alleged infringement by the Influencer of the third party websites or online service’s legal terms.

3.4.        Calculation Compensation – Payment

3.4.1.        The amount of Compensation shall be determined per Campaign and shall correspond to a CPC or CPL (limited to valid clicks - or likes as applicable) on the third party (social) network sites determined by the Campaign.

3.4.2.        The Advertiser can set a maximum Compensation per Influencer per Campaign. Any clicks generated after this maximum is reached, shall not be taken into account when compensating the Influencer.

3.4.3.        A click or like is valid:

  • if made on a post which contains the minimum relevant information of the Campaign
  • if made on a post which does not constitute misleading or disguised advertising
  • if made on a post that remains visible for public at the time of the calculation of the Compensation and its payment
  • if the post does not cause any prejudice to the Advertiser
  • if the post has a link with the Campaign
  • if made on a post shared on one or more of the third party (social network) sites identified by the Campaign
  • if the click originates from a country targeted by the Campaign

3.4.4.        Clicks which are considered to be invalid and therefore unsuitable for the Compensation are:

  • double clicks (i.e. clicks done by the same person)
  • clicks done by a person, robot, automatic program or other similar means under the control of the Influencer
  • clicks done by members of third party (social network) sites in exchange of a payment received from the Influencer or following a false statement

3.4.5.        The payment of the Compensation to the Influencer will be possible by withdrawing funds credited to his Wallet once it has reached the threshold of fifty (25) EUR. If the Influencer wishes to withdraw its funds, BLUGLE shall withhold two (2) EUR from the total amount of the Compensation.

3.4.6.        BLUGLE shall issue an invoice in the name of the Influencer when the latter requests the payment of the Compensation. If applicable, the VAT shall be added. The invoice shall be available in a digital format and accessible via the Application or sent by e-mail. The Influencer shall comply with its obligations under tax law.

3.5.        End of the Campaign

A Campaign is to be considered as terminated for an Influencer when:

  • the end date of the Campaign is reached
  • or the maximum total budget for the Compensation to all participating Influencers is attained

3.6.        Organization of Challenges

3.6.1.        The Crowdvertising Platform allows the organization of Challenges. managed either by BLUGLE, the Advertiser or the Agency on his behalf.

3.6.2.        BLUGLE shall communicate the Guidelines to the Creative Users on the app.

3.7.        Participation in Challenges and selection of winning Creations

3.7.1.        A Creative User shall be provided on the Crowdvertising Platform with Challenges proposals. These proposals are made by BLUGLE taking into account the Creative User’s profile, interests and criteria defined by the Advertiser.

3.7.2.        When Creative Users participate in a Challenge their Creation needs to comply with the Guidelines in order to be accepted. The Creative User shall receive a notification via the Application on whether or not its Creation has been accepted.

3.7.3.        The Advertiser shall select the Creations complying with the criteria set out in the Guidelines specific Challenge.

3.7.4.        By participating in a Challenge, the Creative User accepts entirely and irrevocably without any reservation the Guidelines applicable to the concerning Challenge.

3.8.        Award and payment

3.8.1.        Influencers shall share the selected Creations in accordance with the provisions of these Terms of Use. The Creative User who has developed the selected Creation shall receive a remuneration as stipulated in the Guidelines.

3.8.2.        Creative Users whose creations generate the highest number of valid clicks shall receive an Award as prescribed in the Guidelines. If the Creative User has won an Award, it shall receive a notification via the Application.

3.8.3.        The payment of the Award to the Creative Users shall only be executed after compliance of the Creative Users’ obligations of assignment under article 3.9 of the present Terms of Use. The payment of the Award shall be made in compliance with the payment option chosen by the Creative User when selecting the Challenge and within thirty (30) days end of the month.

3.9.        Intellectual Property Rights Creations

3.9.1.        By participating in the Challenge, the Creative User grants BLUGLE a non-exclusive, transferable, sub-licensable, non-revocable, royalty-free, perpetual and worldwide license to use any content that you make available on or in connection with the Crowdvertising Platform and Services such as, without being limited thereto, images, texts, quotes, drawings or any combinations thereof the Creation.

3.9.2.        In case the Creation has received an Award, the Creative User hereby accepts that such rights shall be assigned to the Advertiser. The Creative Users who have received an Award for their Creations, shall assign to the Advertiser, its successors, assigns or nominees, all of the Creative Users’ rights to and title and interests in, any and all of these Creations made, conceived, or suggested either solely or jointly with others, in the course of the participation to the Challenge. The assignment is definite, irrevocable and exclusive. The assignment is done for the worldwide rights and for the duration of legal protection of the rights assigned (including their possible extensions).

3.9.3.        The Creative User hereby explicitly, irrevocably and unconditionally waives its rights to oppose to any change to the Creations, unless it is established that it is prejudicial to his honor or reputation. The Creative User also waives its right to mention its name on the Creation including in connection with the use or dissemination thereof.

3.9.4.        The Creative User warrants explicitly that the Creations have not been created in violation of any third parties’ rights and holds the Advertiser and BLUGLE harmless against any and all claims in connection herewith. In any event, the Creative User may not oppose the use of the Creation, nor hinder the free use of those.

4.         Intellectual Property Rights

4.1.        All components of the Crowdvertising Platform and Service(s) (including but not limited to the used software, source and object codes, database rights, Layout, text, logos, photographs, drawings, images, sound, databases, names, trademarks and domain names) are works protected by copyright and/or other intellectual property rights including trademarks. belong to BLUGLE or are included in the Service(s) and on the Crowdvertising Platform with the authorization of the owner of the relevant rights

4.2.        All relevant property rights, including intellectual property rights (copyright, trademarks, database rights, design rights, software code etc.) belong to BLÜGLE or are included in the Service(s) and on the Crowdvertising Platform with the authorization of the owner of the relevant rights.

4.3.        BLUGLE hereby grants the User and Advertiser a, non-exclusive, revocable, non-transferable, non-sublicensable license to use the Crowdvertising Platform and Service(s) for your use in accordance with the present Terms of Use during the term of its subscription. BLUGLE reserves the right to amend, withdraw or terminate the Services and/or the Platform, at any time and for any reason. Upon such withdrawal or termination, the rights and licenses granted to the User by means of the present Terms of Use shall terminate and the User is obliged to cease all use of the Services and/or Crowdvertising Platform.

4.4.        No component of the Service(s) and/or Crowdvertising Platform, nor the data and information provided on the Services and/or Crowdvertising Platform may be stored (other than required in order to use the Crowdvertising Platform and Services in an appropriate manner), or reproduced, modified, translated, rendered public, distributed, rented out, sold, transferred to others or in any way used without the prior written authorization of BLUGLE.

5. Privacy Policy

BLUGLE shall collect, use and disclosed any personal data in compliance with its Privacy Policy.

-What information do we collect? 

We collect information from you when you register as a Blügle user.

When accessing to our app, you may be asked to enter: name, e-mail address, social media handles, and mailing address and other information regarding your interests.

-What do we use your information for? 

You absolutely retain full ownership and liability for, your social networks and your content. We will not touch your content on any social media channels.

Any of the information we collect from you may be used in one of the following ways:

  1. To categorize your social followers base and assign personalized and focused influencing campaigns to you.
    Your personal information will be kept within our website and will not be disclosed to any third party.
  2. To improve our website
    We continually strive to improve our website offerings based on the information and feedback we receive from you.
  3. To process transactions
    Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
  4. To send periodic emails
    The email address you provide may be used to send you information, respond to inquiries, and/or other requests or questions.

-How do we protect your information? 

We implement a variety of security measures to maintain the safety of your personal information when you become an influencer with us.

All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our provider of payment gateway that is only accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.

-Do we disclose any information to outside parties? 

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect others or ours rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

6. Warranty

6.1.        BLUGLE warrants solely to User that the Platform and the Services, when used in accordance with the terms of these Terms of Use, will function substantially in accordance with the specifications provided by BLUGLE. BLUGLE shall use commercially reasonable efforts to perform the Services according to the agreed upon terms and specifications between User and BLUGLE. BLUGLE’s sole obligation and User’s exclusive remedy hereunder with respect to any failure of the foregoing obligations shall be to use reasonable efforts to correct any such failure. BLUGLE shall have no obligation for any failure resulting from (i) content provided by or passed through User or third-parties in connection with the Services; (ii) operating system modifications, changes or updates applied by the User; (iii) the use or combination of the Platform or the Services with any other software or hardware not supported by BLUGLE; (iv) causes external to the Platform or the Services, such as problems with the hardware, network or other infrastructure with which the Platform and the Services are used; (v) unauthorized or improper use of the Platform or the Services; or (vi) any modification of the Platform or the Services by anyone other than BLUGLE.

6.2.        Except as expressly provided hereunder, the Platform and the Services are provided to User “as is”, without warranty of any kind. BLUGLE hereby disclaims all other warranties with respect to these Terms of Use, the Platform or the Services, whether express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. Without limiting the generality of the foregoing, BLUGLE does not warrant that the Platform or the Services will meet User’s requirements or operate without interruption or downtime or be error free. Notwithstanding anything in these Terms of Use to the contrary, the warranties provided by BLUGLE hereunder with respect to the Platform or the Services may not be extended, supplemented or modified by a Agency, and if a Agency makes any additional warranty, representation or commitment regarding the Platform or the Services (or modifies an existing warranty, representation or commitment granted by BLUGLE regarding the Platform or the Services), the Agency shall be solely responsible for any such additional warranties, representations or commitments or modifications.

6.3.         The User and Advertiser warrant that it possesses all requisite legal right, power, authority and capacity (corporate or otherwise) to execute, deliver and perform these Terms of Use, and each other agreement, instrument and document executed and delivered by BLUGLE and to consummate the transactions contemplated herein and therein. The execution, delivery and performance by User of these Terms of Use and of all other legal documents and the consummation by User of the transactions contemplated hereby and thereby have been duly and validly authorized (by corporate action or otherwise) on the part of User.

6.4.         The User warrants that the company or organization it is representing is duly organized, validly existing and in good standing under the laws of the country in which it is established. In addition, it warrants that it shall adhere at all times to all applicable laws, regulations, guidelines and specifications relevant to its business

7. Limitation of Liability

7.1.        BLUGLE is careful to provide information that is as accurate as possible but cannot guarantee the complete accuracy, completeness or suitability of the information on the Crowdvertising Platform and in the Service(s) and cannot be held liable for this. This applies to any information that has been made available on the Crowdvertising Platform or via the Service(s) by BLUGLE. 'Information' shall mean everything that can be found on the Crowdvertising Platform and in the Services, including text, images, sound, data, etc.

7.2.        BLUGLE is not liable for any decision or action that would be taken by the User on the basis of information provided on the Crowdvertising Platform and via the Services, nor is it responsible for any errors or mistakes of the User based on the information on the Crowdvertising Platform and via the Service(s).

7.3.        BLUGLE is not liable for direct or indirect damages or any damages that could be caused by inaccuracy, incompleteness, inadequacy, forgetfulness or neglect in providing, composing, drawing, writing and interpreting the information on the Crowdvertising Platform and via the Services.

7.4.        BLUGLE is not liable for any permanent or temporary damage or defaults of the computer equipment or data from the user during or after the use of the Platform and/or services. In particular, BLUGLE cannot be held liable for the possible transmission of viruses, trojans and such via the Platform and/or Services.

7.5.        BLUGLE is not liable for links to websites, platforms or applications operated by others, or for the damage caused in the course of a visit to such websites, platforms or applications. BLUGLE has no control over such websites, platforms or applications and cannot be held liable for the content displayed thereon.

7.6.        For the realization of the Crowdvertising Platform and Services, BLUGLE is using, to the reasonably largest extent, the most modern available techniques. However, BLUGLE cannot be held responsible for the (temporary) failure or any malfunctioning or maintenance work on - or of – the Crowdvertising Platform and/or Service(s). BLUGLE can therefore not accept any responsibility whatsoever for unavailability of the Crowdvertising Platform and/or Service(s), or any difficulty or inability to download or access content or any other communication system failure which may result in the Crowdvertising Platform and/or Service(s) being unavailable. BLUGLE will also not be responsible for any support or maintenance for the Platform.

7.7.        To the extent permitted by law, BLUGLE’s overall cumulative liability, shall in any case be limited to the total fees received by BLUGLE from the Advertiser for the Campaign and/or Challenge during which the damaging act presumably attributable to BLUGLE would have been committed.

8. Right of termination 

We reserve the right to terminate your right to access and use Crowdvertising Platform and the Service(s) if You violate these Terms of Use or any other terms or policies referenced herein, or if You otherwise create risk or possible legal exposure for us. Users may terminate their Account with us at any time by contacting us at hello@blugle.tv.

9. Waiver

The lack of enforcement by BLUGLE of any provision of these Terms of Use or not undertaking any action with respect to a User and/or Advertiser in the event of a possible breach of any provision, cannot be interpreted as a waiver of claim or right in respect of any provision in the context of a possible future infringement by a User and/or Advertiser.

11. Severability

If any provision of these Terms of Use should be considered wholly or partly illegal, invalid or unenforceable under applicable law, that provision will no longer be part of these Terms of Use. The legality, validity and binding nature of the other provisions of these Terms of Use shall remain unaffected.

12. Jurisdiction and governing law

12.1        The present Agreement shall be governed by and construed in accordance with the laws of Belgium.

12.2.        Any dispute or controversy relating to this Agreement can only be brought in the exclusive jurisdiction of the Brussels’ courts and each Party consents to the exclusive, personal jurisdiction of such courts.

12.3.        Before taking legal action, both Parties shall take all reasonable measures to achieve an amicable solution of the dispute at hand. These Terms of Use shall be governed by - and construed in accordance with - the Belgian legislation.

The competent courts for disputes regarding these Terms of Use will be the courts of Brussels, unless otherwise imposed by mandatory statutory provisions.