BLACKBOOK TERMS OF SERVICELast updated: 25th July, 2024
1. WELCOME TO BLACKBOOK
1.1 What these terms cover:This document and any documents referred to within it (collectively, the "Terms of Service") set out the terms of your relationship with us when you access and use our networking platform for creatives through our website (www.bbk.me) (our "Website") or our mobile app (our "App") (collectively, the "Service").
1.2 Why you should read them:It is important that all users of the Service (“you” and, as applicable, “your”) read and understand the Terms of Service before using the Service. You must accept these Terms of Service before you sign up for, use or access the Service. By accessing and/or using the Service, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, you should not access or use the Service. If there is anything within the Terms of Service that you do not understand, please contact us to discuss what this means for you.
1.3 Who we are:The Service is operated by Roksia Ltd (doing business as BlackBook), a company registered in England and Wales (company number: 13013185) with its registered address at 5 Dorset Street, London, England, W1U 6QJ (“BlackBook”, “we”, “our” or “us”).
1.4 Updates to these terms:The current version of the Terms of Service contains the only terms and conditions that apply to our relationship with you. Older versions of the Terms of Service will no longer apply to our relationship and will be completely replaced by the current version.
2. PRIVACYYour privacy is important to us. Please read our Privacy Notice to understand how we collect, use and share information about you.
3. YOUR RIGHTS TO USE THE SERVICE
Eligibility.
- 3.1You must be at least 18 years old and be capable in your country of residence of entering into a legally binding agreement in order to use the Service.
- 3.2If you are a creator, you must register and create a user account with us to access, use and post content to our Service. If you are not a creator, you may, but are not obligated to, create a user account to access and use our Service. You are responsible for all activities that take place under your user account (if any). You agree to use a strong password and keep it confidential, and you agree that you will not share your login details with any other person.
- 3.3You agree not to create an account or otherwise access or use the Service if you have been previously removed by us, or if you have been previously banned by us.
- 3.4You are responsible for ensuring that any information that you provide to us is accurate and up to date, and you must keep this information accurate and up to date.
- 3.5We may, but do not have an obligation to, conduct background checks on you as part of the onboarding process, to the extent permitted by applicable law, to verify your identity and any claims you make about your profession and skills.
- 3.6Your right to use the Service is personal to you and you are not allowed to give this right to another person.
- 3.7Your right to use the Service does not stop us from giving other people the right to use the Service.
- 3.8You agree that you have no rights in or to any portion of the Service other than the right to use the Service in accordance with the Terms of Service. Any rights or permissions not granted to you are expressly reserved by us.
- 3.9We do not currently charge a subscription (or other) fee for you to access and view the Service. BlackBook may, in the future and in its sole discretion, require a subscription and payment of fees from any users that wish to access the Service. We will notify you in advance if we do this, and you can stop using the Service at any time.
Restrictions and User Content.
- 3.10The materials and content comprising the Service (including all intellectual property rights therein) belong to us or our third-party licensors, and we give you permission and a limited license to use these materials and content for the sole purpose of accessing and viewing the Service in accordance with the Terms of Service, including the Rules of Acceptable Use.
- 3.11Any material you upload, submit or contribute to the Service in order use any features we offer from time to time (including text, audio and images) or any feedback that you submit to us in respect of the Service ("User Content") must comply with the Rules of Acceptable Use (set out in section 6 below) and any other content standards that we notify you of from time to time (including as may be provided in the Terms of Service).
- 3.12By submitting User Content to the Service, you confirm and agree and will ensure that:
- (a) the User Content complies with the Rules of Acceptable Use and applicable law;
- (b) the User Content is accurate and not misleading in any way;
- (c) you are responsible for backing up and securing your User Content;
- (d) you have the right to use and submit your User Content to the Service and, where applicable, have obtained the consent of any person the User Content relates to or belongs to or who appears in the User Content;
- (e) none of (i) the User Content, (ii) your submitting the User Content to the Service, and (iii) your posting of the User Content on the Website or App, infringes or will infringe any intellectual property rights or privacy rights of any third party.
- 3.13Rights you grant us to your User Content. As between BlackBook and you, you are the owner or licensee of your User Content. By submitting User Content to the Service, you give us permission to use and store such User Content (anywhere in the world and on a royalty-free basis) to maintain, market, provide, develop and improve the Service and other products and features we may offer from time to time (including for data analysis)
- 3.14Removal of User Content. We have the right, but not the obligation, to remove any User Content, at our sole discretion.
- 3.15Disclaimer. We take no responsibility and assume no liability for any User Content (including any claims made by users about themselves, including about their profession and/or skills). You understand and acknowledge that we will not be liable for any damages alleged to incur as a result of or relating to any User Content.
4. ADDITIONAL TERMS FOR APPs
- 4.1General. This section 4 applies when you download and use our App. To use the App, you must have a mobile device that is compatible with such App. BlackBook does not warrant that any App will be compatible with your mobile device.
- 4.2Right to use the App. We hereby grant you a non-exclusive, limited, non-transferable, and revocable licence to use the App on one (1) or more mobile devices owned or controlled solely by you solely in accordance with these Terms of Service. You may not: (a) modify, disassemble, decompile, or reverse engineer the App, except to the extent that such restriction is expressly prohibited by applicable law; (b) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the App to any third party, or use the App to provide time sharing or similar services for any third party; (c) make any copies of the App; (d) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (e) delete the copyright or other proprietary rights notices on the App. You acknowledge that we may, from time to time, issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and you understand and acknowledge that these Terms of Service will apply to all such upgrades. Any third-party code that may be incorporated into the App is governed by the applicable open source or third-party licence, if any, authorising use of such code. We or our third-party partners or suppliers retain all right, title, and interest in and to the App (and any copies thereof). Any attempt by you to transfer or delegate any of the rights, duties, or obligations hereunder, except as expressly provided for in these Terms or Service, is void. We reserve all rights not expressly granted under these Terms of Service.
- 4.3Relationship. These Terms of Service set out the terms of your agreement with us, and do not apply to your relationship with Apple, Inc., Google Ireland Limited, or any other provider of an app store or distribution platform (an "App Store") from which you download the App (the "Store Provider").
- 4.4Responsibility for the Service. BlackBook, and not the Store Provider, will be solely responsible for the Service, any content that BlackBook makes available through the Service, and any support or maintenance in respect of the Service. The Store Provider will have no obligation to provide any maintenance or support services with respect to the Service.
- 4.5Responsibility for non-compliance. BlackBook, and not the Store Provider, will be solely responsible if the Service does not comply with any warranties or other promises (including any promises made in respect of its functionality, suitability or fitness for purpose). To the maximum extent permitted by law, the Store Provider will not be responsible to you for any claims in relation to the Service.
- 4.6Intellectual Property Infringements. In the event of any claim that the Service infringes another person's intellectual property rights, BlackBook, and not the Store Provider, will be solely responsible for investigating, defending, settling or otherwise dealing with any such intellectual property infringement claim.
- 4.7iOS App. This section applies to the App if you acquire it from the Apple App Store (such App, "iOS App" ). You understand and acknowledge that these Terms of Service are solely between you and us, not Apple, Inc. or any of its affiliaters ( "Apple"), and that Apple has no responsibility for the iOS App or content thereof. Your access to and use of the iOS App must comply with the usage rules set forth in Apple’s then-current Apple Media Services Terms and Conditions and with the applicable Volume Content Terms. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the iOS App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be governed solely by these Terms of Service and any law applicable to us as provider of the iOS App. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (a) product liability claims; (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. You acknowledge that, in the event of any third-party claim that the iOS App, or your possession and use of that iOS App, infringes that third party’s intellectual property rights, BlackBook, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, to the extent required by these Terms of Service. You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service as relates to your license of the iOS App, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service as relates to your license of the iOS App against you as a third-party beneficiary thereof.
- 4.8Android App. The following applies to the App if you acquire it from the Google Play Store (such App, "Android App"): (a) you acknowledge that these Terms of Service are between you and us only, and not Google LLC or any affiliate thereof (collectively, "Google"); (b) your access to and use of the Android App must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of the Google Play Store where you obtained the Android App; (d) BlackBook, and not Google, is solely responsible for the Android App; (e) Google has no obligation or liability to you with respect to the Android App or these Terms of Service; and (f) you understand and acknowledge that Google is a third-party beneficiary to these Terms of Service as they relate to the Android App.
5. THIRD PARTY SITES
The Service may contain links to, or call the servers of, third party websites, data or services that are not under BlackBook's control, solely at the direction of and/or as a convenience to you ("Third Party Sites"). As such, BlackBook is not responsible for, and makes no express or implied warranties with regard to, the information, content or other material, products, or services that are contained on or are accessible through, or the policies regarding use and privacy in respect of, Third Party Sites. Access to and use of Third Party Sites, including information, content, material, products, and services on such websites or available through such websites, is solely at your risk. You expressly relieve us from any and all liability arising from your access to and/or use of any Third Party Sites.6. RULES OF ACCEPTABLE USE
- 6.1In addition to the other requirements within the Terms of Service, this section 6 describes specific rules that apply to any use of the Service (the "Rules of Acceptable Use").
- 6.2When using the Service you shall not:
- (a) circumvent, disable or otherwise interfere with any security related features of the Service or features that prevent or restrict use or copying of the content or materials accessible via the Service;
- (b) give any false or misleading information or permit another person to use the Service under your name or on your behalf;
- (c) impersonate any person, or misrepresent your identity or affiliation with any person or give the impression they are linked to us, if this is not the case;
- (d) use the Service other than for its intended purpose as set out in the Terms of Service;
- (e) use the Service if we have suspended your access to it, or have otherwise banned you from using it;
- (f) modify, interfere, intercept, disrupt or hack the Service or collect any data from the Service other than in accordance with the Terms of Service;
- (g) misuse the Service by introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or the equipment of any user of the Service, or using any automated system, including without limitation "robots", "spiders" or "offline readers" to access the Service in a manner that send more request messages to the Service than a human can reasonably produce in the same period of time;
- (h) use any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations;
- (i) submit or upload any User Content: containing (i) personal information (including images or voice clips) of people without their consent. If you upload any User Content containing personal information of anyone under the age of 18, you confirm that you are their parent or guardian and consent, or that you have the permission of their parent or guardian to do so; or (ii) in respect of which you do not hold appropriate usage rights; or
- (j) submit or upload any User Content which in our reasonable opinion is: (i) defamatory to any person, deceptive, obscene, offensive, harmful or inflammatory; (ii) bullying, insulting, threatening, intimidating or humiliating; (iii) promoting or depicting sexually explicit material, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or is otherwise prejudicial to human dignity; (iv) material depicting child sexual abuse; and/or (v) unlawful in any way or in breach of another party's rights (including intellectual property rights), or advocating, promoting or inciting any party to commit or assist any unlawful or criminal act.
6.3Failure to comply with the Rules of Acceptable Use constitutes a serious breach of the Terms of Service, and may result in our taking all or any of the following actions (with or without notice):
- (a) immediate, temporary or permanent withdrawal of your right to use the Service;
- (b) issuing of a warning to you;
- (c) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and/or
- (d) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
The responses described in section 6.3 above are not limited, and we may take any other action we reasonably deem to be appropriate.
7. ENDING OUR RELATIONSHIP
Your right to end our relationship.
- 7.1The Terms of Service take effect from when you first use the Service and will apply any time you use the Service (or, if you have downloaded the App, until such time as you delete the App and cease all use of the Service).
- 7.2If at any time you determine that you cannot agree to the Terms of Service or to any changes made to the Terms of Service or the Service, you must immediately stop using the Service
Our right to end our relationship.
- 7.3If we determine that you have clearly, seriously or repeatedly breached the Terms of Service, including, in particular, the Rules of Acceptable Use, or if you repeatedly infringe other people's intellectual property rights, or where we are required to do so for legal reasons, we may suspend or permanently disable your account and access to the Service.
- 7.4We may also withdraw the Service for any reason.
What happens if you or we end our relationship.
- 7.5If we suspend, disable or terminate your use of the Service or we withdraw the Service as described in this section 7, we will delete (if your use of the Service is terminated or the Service is withdrawn) or modify any information we hold about you and your account. You may also lose any rights you have to access or use the Service. If you are a consumer, we will return your User Content to you on termination of your use of the Service.
- 7.6We will not offer you any other compensation for any losses incurred by you on our ending of your right to use the Service.
8. OUR RESPONSIBILITY TO YOU
- 8.1Our responsibility to non-business users. We are responsible to you solely for foreseeable loss and damage caused by us. If we fail to comply in any material aspect with these Terms of Service, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms of Service or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
- 8.2Our responsibility to business users. We are not responsible to you for any loss or damage that is not reasonably foreseeable or that is caused by a failure by you to comply with the Terms of Service. Nor will we be responsible to you for any business losses, including any loss of profits, loss of revenue, loss of reputation, wasted expenditure or similar. Our maximum liability to you in respect of any claim arising out of or in connection with the Terms of Service shall be limited to £1,000 (one thousand pounds sterling).
- 8.3We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Nothing in the Terms of Service is intended to exclude or limit our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or (if you are a consumer) affect your statutory rights in the laws in your country of residence.
- 8.4Limits on liability. We will exercise reasonable care and skill in providing the Service to you but, due to the nature of the internet and technology, the Service is provided on an "as available" and "as is" basis. This means that we are unable to promise that your use of the Service will be uninterrupted, without delay, error-free, or meet your expectations and we do not give any commitment relating to the performance or availability of the Service in these Terms of Service and, to the extent we are able to do so, we exclude any commitments that may be implied by law.
- 8.5Security. We care about the integrity and security of your personal information and User Content. However, we cannot guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information or User Content for improper purposes.
- 9.1Disputes between you and us. If you have a dispute with us relating to the Service, in the first instance please contact us at epic@roksia.com and attempt to resolve the dispute with us informally. In the unlikely event that we are not able to resolve a dispute informally, we will discuss and agree with you the most effective way of resolving the dispute
- 9.2Governing law for business users. English law will apply to the Terms of Service, their subject matter and their formation. Subject to section 9.1 above, you and we agree that the courts of England and Wales will have exclusive jurisdiction over any dispute arising from or related to your use of the Service.
- 9.3Governing law for non-business users. The law of the country where you reside will apply to the Terms of Service, their subject matter and their formation. Subject to section 9.1 above, you and we agree that the courts of the territory in which you reside will have exclusive jurisdiction over any dispute arising from or related to your use of the Service.
10. CHANGES TO THE SERVICE
- 10.1We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and the Service.
- 10.2In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Service, or feature relating to the Service ( "changes to the Service"). These changes to the Service may affect your past activities on the Service and features that you use ( "service elements"). Any changes to the Service could involve your service elements being deleted or reset.
- 10.3You agree that a key characteristic of the Service is that changes to the Service will take place over time and this is an important basis on which we grant you access to the Service. Once we have made changes to the Service, your continued use of the Service will show that you have accepted any changes to the Service. You are always free to stop using the Service.
- 10.4We will (where legally required to do so) or will try, where possible and reasonable, to contact or otherwise notify you to let you know about any significant changes to the Service.
11. CHANGES TO THE DOCUMENTS
- 11.1We may revise these Terms of Service from time to time but the most current version will always be at www.bbk.me.
- 11.2Changes will usually occur because of new features being added to the Service, changes in the law or where we need to clarify our position on something.
- 11.3We will try, where possible and reasonable, to notify you about any significant changes to any of the documents referred to in the Terms of Service. We may contact you through the Service (for example by asking you to accept the changes before you continue to use the Service) or via a separate email. However, sometimes changes will need to be made immediately and if this happens, we will not give you any notice.
12. OTHER IMPORTANT TERMS
- 12.1Third party rights and transfer. A person who is not a party or express third-party beneficiary to the Terms of Service may not enforce any of its terms. All of our rights and obligations under the Terms of Service are freely assignable or otherwise transferable by us in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise.
- 12.2Entire agreement. The Terms of Service make up the entire agreement between you and BlackBook regarding your use of the Service. They supersede any prior agreements.
- 12.3Invalidity of terms. If a court or other authority decides that some of the Terms of Service are unlawful, the rest will continue to apply.
- 12.4Delays. If you do not comply with the Terms of Service and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
- 13.1If you need to contact us in relation to the Terms of Service or any other document mentioned in them, please email us at epic@roksia.com .
- 13.2If we have to contact you, we will do so by writing to you by legally permitted means. When we use the words "writing" or"written" in these Terms of Service, this includes emails.
- 13.3We value hearing from our users and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.