Conditions d'utilisation

Terms and Conditions of Service

The following Terms and Conditions (the "Terms") govern all services provided by Buzzoole Ltd, headquartered in 25 Hill Street - W1J 5LW - London, UK (hereinafter, "Buzzoole"), through the site www.buzzoole.com (hereinafter, the "Platform").

Below governs the provision of services from Buzzoole to the Brand and the Influencer.

For the user who registers on the Platform as an Influencer, the respective operating conditions provided for in Section I of this document will apply to them, for the user who registers as a Brand, the service conditions laid down in Section II will apply to them.

BUZZOOLE RESERVES THE RIGHT TO MODIFY, AT ANY TIME, THE TERMS AND CONDITIONS. IN THIS CASE IT WILL NOTIFY YOU USING THE EMAIL ADDRESS PROVIDED WHEN REGISTERING, OR ON THE FIRST ACCESS TO THE SITE AFTER THE CHANGE, AND BUZZOOLE WILL ASK THE USER TO ACCEPT THE NEW VERSION OF THE TERMS AND CONDITIONS.

Section I – Terms and conditions of Service for Influencers

I.1 General Conditions for the use of services by Influencers

1. Registration and conclusion of the contract
1.1 To access Buzzoole’s services the user (hereinafter, "Influencer") must read and accept the General Conditions. The Influencer shall be required to register using an active account on one of the social networks listed on the login page.

1.2 The General Conditions will be effective upon acceptance by the Influencer and will govern relations between (s)he and Buzzoole for the duration of the contract.

1.3 The Influencer is responsible for the confidentiality of her/his login information to the Platform (username and password) and to report immediately to Buzzoole any loss of exclusive control over this information, taking note of the fact that, in the absence of such notification, (s)he is liable for any action caused by the use of this information.

2. Contract Duration and withdrawal
2.1 The contract is for an indefinite period, subject to possible withdrawal of either party, which is operated pursuant to the following Article 2.2.

2.2 The Influencer and Buzzoole may withdrawal from the contract by giving communication to the other party, at any point in time. So Buzzoole may withdraw by giving notice to the Influencer’s email address, provided at registration-stage; Influencer may withdraw by notice sent by email to customercare@buzzoole.com or by using the feature “account deletion” available on the user’s personal profile (https://buzzoole.com/settings). The withdrawal from the contract shall be effective after seven (7) days from the notification given to the other party, subject to the right of the Influencer for the conversion of Buzzoole Credits already accrued under the conditions of Article 4.

If the Influencer has already joined a Campaign, they cannot cancel the contract until the closing of this Campaign.

3. Personal Data
3.1 At the registration stage, the Influencer is committed to providing to Buzzoole correct and truthful information, and shall to keep it up-to-date for the duration of the contract. Any damage or loss that may arise from the failure to update information (for example, failure to receive communications) will not be attributable to Buzzoole.

3.2 The Influencer acknowledges and agrees that registration on the Platform requires using her/his account on an enabled social media network and Buzzoole may acquire, from the registered social media networks, personal data specified by the user.

3.3 The Influencer acknowledges and accepts that to enable the use of services of the Platform, Buzzoole will have to develop her/his profile (the "Profile") by measuring her/his degree of "influence" on her/his social media channels (social media accounts and blogs) in relation to certain topics. A developed profile will enable the Influencer to use the services offered by the Platform. Personal data provided by the Influencer upon subscription and/or later as well as those acquired, with her/his consent, through her/his social media profiles, will be processed by Buzzoole for profile development and updates. The Terms and Conditions of the processing of this data are discussed in the Privacy Policy, available at the following URL.

4. Using the Platform and Recognition of Buzzoole Credits
4.1 Buzzoole acts solely as intermediary providing the Platform.

The Influencer adheres to the initiatives (the "Campaigns") promoted through the platform by the Brand (the "Brand"), in the manner and within the terms set forth in Article 5. This activity and some of the additional activities offered on the Platform, allow to the Influencer to accumulate Credits ("Buzzoole Credits") which are convertible upon reaching certain thresholds, in Amazon Gift Cards of different values which can be used on Amazon platforms.

4.2 For each activity that is associated with a bonus award, the Influencer, before her/his partecipation, will be able to know the number of Buzzoole Credits available in the area dedicated to each activity as well as the conditions for recognition. The Influencer can also view, in a dedicated area, her/his Buzzoole Credits accrued through the use of the Platform.

4.3 In the case of the withdrawal of one of the parties pursuant to Article 2 or termination of the contract pursuant to Article 9, the Influencer will not have the right to convert Buzzoole Credits accrued up to that point if they have not reached one of the thresholds.

5. Participation in Campaigns
5.1 Participation in Campaigns is conditional upon an invitation by the proposer, the Brand. The invitation to join a Campaign from a Brand is dependent on the Influencer’s profile and her/his degree of influence in the topic of interest for the Brand. The Influencer may, at her/his discretion, agree or disagree to participate in the Campaigns to which (s)he have been invited.

5.2 Participation in Campaigns is governed by a document prepared by the proposer, the Brand, which defines the conditions and rules of participation (the "Brief").

5.3 The Influencer acknowledges and agrees that the recognition of Buzzoole Credits for participating in a Campaign are subject to compliance with the conditions defined by the Brand, at its own discretion, with the Brief as well as to the online maintenance of the content published for all the duration of the Campaign and not less than 3 (three) months after the end of the Campaign or any extension defined by the Brand.

The Influencer who posts content in a campaign also agrees not to publish, for at least two days following, more content on topics, goods or services similar to the object of the Campaign and not to publish any type of content, for at least four hours following. With respect to content created for Campaigns, the Influencer acknowledges and agrees that the Brand can request up to two modifications before the content is published or within 48 hours of publication.

At the end of the Campaign, the Brand may communicate to Buzzoole that the Influencer breached the rules for participation and, consequently, result in the denial or revocation of Buzzoole Credits.

6. Obligations and Responsibilities of the Influencer
6.1 The Influencer declares to have read the guidelines on using the Platform. When making use of services that enable the distribution of her/his content through the Platform, the Influencer undertakes not to publish content in violation of the law or the rights of others. In particular, the Influencer must have all intellectual property rights to the content published (for example, text, images, photographs and audiovisual material), also for the case in which (s)he has acquired the content by third parties in accordance with applicable regulations, and also must have the necessary permits in accordance with the rules on the processing of personal data. The Influencer is also committed not to publish through the Platform defamatory, offensive, or illegal material that encourages or could encourage third parties to implement illegal conduct and/or criminal and/or civil liability.

6.2 The Influencer is committed to ensuring the confidentiality of all information relating to Campaigns of which they become aware during the use of the Platform. In particular, the Influencer, even if not a signatory to Campaigns proposed by a Brand through the Platform, agrees not to disclose information about the conditions and rules for participation in these Campaigns.

6.3 Failure to observe the conditions laid down in Article 6.1 and 6.2 will result in the denial of Buzzoole Credits due from the Campaign as well as the application of one or more of the following penalties: 1) setting aside the possibility of being recognised as a verified user (Section I.2); 2) immediate revocation of the Credits already approved from the activity (if they were already recognised); 3) the inability to be involved in Campaigns for a period ranging from 3 to 5 months.

6.4 The Influencers acknowledges and agrees that in case a product and/or a good is supplied to be tested for the purpose of a Campaign, said good shall be used exclusively in the manner indicated and for the purposes specified in the Brief and must be returned at the end of the Campaign as expected from the Brief.

6.5 The Influencer hereby agrees to indemnify and not hold Buzzoole responsible for any claim, even for damages arising directly or indirectly from the use of the Platform and/or publication of any content, by the Influencer or through their credentials.

7. Intellectual Property
7.1 Buzzoole owns all the intellectual property rights to the content [e.g. text, images, videos etc.] made available to users through the Platform. Any reproduction, duplication, copying, selling, reselling or exploiting for any commercial purpose is prohibited except where expressly authorised by Buzzoole.

7.2 The Influencer grants Buzzoole and Brand a non-exclusive, free of charge, without any territorial limitation and/or time licence to use, in any form, any content published by the Influencer in the Campaign (for example, content published for a Campaign through their own social media account or the Influencer’s owned sites).

8. Warranties and Limitations of Liability
8.1 BUZZOOLE WILL MAKE EVERY REASONABLE EFFORT TO ENSURE THE INFLUENCER HAS CONTINUOUS ACCESS, WITHOUT INTERRUPTION, TO THE CONTENT AND SERVICES OFFERED THROUGH THE PLATFORM BUT MAY NOT, UNDER ANY CIRCUMSTANCES, BE HELD RESPONSIBLE IF ONE OR MORE OF THE SERVICES OR CONTENT, THAT IS AT THE DISPOSAL OF THE INFLUENCER, MAY BE TEMPORARILY INACCESSIBLE. BY WAY OF EXAMPLE, BUZZOOLE IS NOT LIABLE FOR THE INTERRUPTION OF SERVICES RESULTING FOR REASONS OF FORCE MAJEURE OR MALFUNCTION OF SERVICES RESULTING FROM THE INCORRECT FUNCTIONING OF TELEPHONE LINES OR ELECTRICITY NETWORKS.

8.2 IN ADDITION BUZZOOLE CAN NOT BE HELD RESPONSIBLE FOR DIRECT OR INDIRECT DAMAGES SUFFERED BY THE INFLUENCER OR BY THIRD PARTIES WHO USE THE PLATFORM ACCORDINGLY.

8.3 BUZZOOLE DENIES ANY RESPONSIBILITY WITH REFERENCE TO THE VERACITY OF DATA, NEWS, INFORMATION, AND, IN GENERAL, FOR MATERIAL DISTRIBUTED THROUGH THE PLATFORM, THE RELIABILITY AND SECURITY OF CONTENT AND WIDESPREAD LINKS BY THIRD PARTIES AND THAT THE USE OF SUCH DATA AND CONTENT IS DECIDED BY THE INFLUENCER. IN THIS REGARD THE PARTIES MUTUALLY AGREE THAT THE INFLUENCER IS, AND WILL BE, SOLELY AND EXCLUSIVELY RESPONSIBLE FOR THE USE OF DATA, NEWS, INFORMATION, AND FOR MATERIAL DISTRIBUTED THROUGH THE PLATFORM.

8.4 BUZZOOLE DOES NOT GUARANTEE USERS THE CHANCE TO TAKE PART IN CAMPAIGNS PUBLISHED BY BRANDS AND WILL NOT IN ANY WAY BE HELD RESPONSIBLE FOR THE FAILURE TO BRING CAMPAIGNS TO THE INFLUENCER.

8.5 BUZZOOLE CAN NOT BE HELD RESPONSIBLE FOR THE CONTENT OF CAMPAIGNS AND THE RULES OF PARTICIPATION DEFINED BY THE BRANDS, NOR FOR NON-RECOGNITION OR FOR REVOCATION OF BUZZOOLE CREDITS RELATED TO CAMPAIGNS.

9. Suspension of Services and Termination of the Contract
9.1 The Influencer acknowledges and agrees that, in the case of the violation of these Terms and Conditions, Buzzoole may, at its absolute discretion, suspend access to some services and/or to the platform, communicating this decision by sending an email to the Influencer’s email address without prior notice.

9.2 Buzzoole, in case of the serious violation of the General Conditions by the Influencer, may terminate this agreement by giving communication to the email address supplied by the Influencer, without providing prior notice.

9.3 In none of the cases mentioned in this Article will Buzzoole be held responsible for any damage arising from the suspension or interruption of services.

10. Applicable Law and Jurisdiction Dispute
10.1 Terms shall be governed by, and construed in accordance with the law of England and Wales.

10.2 The eventual nullity and/or invalidity, in whole or in part, of one or more items will not affect the other Articles contained in this agreement which, consequently, shall therefore be regarded as fully valid and effective.

    1. The parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.
I.2 Conditions for Special Campaigns intended for Verified Influencers

The present specific conditions of service (below “Specific Conditions”) governing the participation in Campaigns are intended only for users who have a high degree of influence and visibility in the topics of interest to the Brand (hereafter, “Verified Influencer”).

Specific Conditions supplement the General Conditions of Service for the Influencer. Participation of the Influencer in Top Campaigns is therefore covered by both these Specific Conditions and the General Conditions.

1. Participation in Top Campaigns
1.1 The Influencer may be invited to participate in certain Campaigns promoted by a Brand through the Platform that are intended for Verified Influencers (hereafter, “Top Campaign”).

1.2 The invitation to join such Campaigns is based on the Influencer’s profile and her/his degree of influence in the topic of interest for the Brand. The Verified Influencer may, at her/his discretion, agree or disagree to join a Top Campaign that (s)he has been invited to attend. The Influencer acknowledges and agrees that Buzzoole does not provide any guarantee as to the invitation to Top Campaigns.

1.3 For participating in a Top Campaign, the Influencer will receive a cash bonus, the value of which will be indicated at the time of the invitation to join the Campaign. The recognition of the bonus is subject to compliance with all the conditions for participation mentioned in the invitation to join and of the conditions set forth in Article 2.

1.4 At the conclusion of the Top Campaign, Buzzoole may notify the Influencer of a breach of the rules for participation and, consequently, not recognise or revoke the previous bonus.

1.5 The Influencer can require the payment of the bonus accrued for the participation in a Top Campaign through her/his personal area within the Platform. Payment will be made within 90 days of the end of the Campaign to a PayPal account specified by the Influencer within her/his profile. It is understood that if the Influencer does not require the payment immediately after recognition, that it does not accrue any interest.

2. Obligations of the Top Influencer
2.1 The Influencer participating in a Top Campaign commits to reporting the advertising nature of the content distributed as part of the Campaign, marking messages with sufficiently explicit endorsements on social media and blogs (as an example, #spon, #sp, #ads).

The Influencer acknowledges and agrees that in the event of non-compliance with this condition, (s)he will not receive the bonus mentioned in Article 1.3.

2.2 The Influencer who has been invited to participate in a Top Campaign, even if they do not agree to participate, agrees to keep information about the Campaign confidential, including the Brand involved and the conditions for participation.

2.3 Failure to observe the conditions laid down in Article 2.1 and 2.2 will result in the denial of the bonus that may be due for the Campaign as well as the application of one or more of the following penalties: 1) loss of qualification as “Verified Influencer”; 2) immediate revocation of previously approved bonus for the activity (if it was already recognised); 3) inability to be involved in any Campaigns for a period ranging from 3 to 5 months.

3. Limitations of liability
Except as required by Article 8 of the general Conditions, the Influencer acknowledges and agrees that Buzzoole will in no way be responsible for the content the user publishes as part of a Top Campaign and, therefore, can not be held in any way responsible for any damage or loss as specified in the Terms and Conditions. Furthermore, Buzzoole is not responsible for any damage or loss derived from participating in a Campaign, including any adverse consequences that may derive from failure to comply with the conditions laid down in Article 2.1.