BLUEBOO DAILY PR LEADS/MEDIA DEN SERVICES: SUBSCRIPTION TERMS AND CONDITIONS
In the event of any conflict, between these Media Den Subscription Terms and any other terms on our Site, these terms will prevail in relation to the Media Den Service only. By subscribing to Media Den Service, you agree to be bound by these terms and conditions. However, these terms and conditions do not affect your statutory rights. You should print a copy of these terms and conditions for future reference.
1.1 In these Media Den Subscription Terms, references to blueboo, we or us are to blueboo Media Limited and references to a subscriber or you are to a person subscribing to the Media Den Service.
1.2 To subscribe for the Media Den Service which allows you to receive enquiries from journalists (Enquiries) via email each working day (excluding public and bank holidays) you will either click ‘Subscribe’ and complete and submit the relevant payment form or have the offer to receive free membership for a limited time. In accepting the free membership for a limited time you are agreeing to the subscription terms. By clicking the ‘Subscribe’ button and completing and submitting the payment form, you are making an offer to take out a subscription to Media Den Service which, if accepted by BlueBoo in accordance with these terms, will result in a binding contract for the provision of the Media Den Service.
1.3 A contract for the subscription to the Media Den Service between you and us will be binding from when we send a confirmation or welcome email.
1.4 Subscriptions to the Media Den Service are only made available on a ‘per individual’ rather than a ‘per organisation’ basis.
1.5 Please note that the Media Den Service is only available business owners, sole traders and entrepreneurs in business. Our Media Den Services are not available to:
1.5.1 individuals who want to use the services in their personal capacity and not as part of a business; or
1.5.2 PR or marketing agencies, unless we have specifically approved this in advance.
1.6 To subscribe for the Media Den Service you must be at least 18 years of age.
1.7 BlueBoo has the sole and absolute discretion in determining whether it will accept any subscription for the Media Den Service.
1.8 BlueBoo reserves the right to ask you at any time for confirmation and/or evidence in writing that you fall within the categories of eligible users of the Media Den Service as set out in paragraph 1.5 above. Any breach of this condition can result in cancellation of your subscription to the Media Den Service without further notice.
1.9 If you subscribe in error you must inform firstname.lastname@example.org within 24 hours of you completing and submitting the payment form or the payment being taken and you must not use the Media Den Services during that time. If any use can be traced to your account, no refund will be provided by us. If payment for this service is taken in error you must inform us within 30 days of the payment date, no refunds will be due thereafter.
PAYMENT FOR THE SERVICE AND ONGOING SUBSCRIPTIONS
2.1 Your credit or debit card will be charged for a one off set up fee of £29 plus VAT to give you access to the Media Den Service. Thereafter, you will be billed monthly in arrears for the monthly subscription fee of £29 plus VAT, beginning 30 days from date of activation of your subscription. Renewals will be made using the same payment method as you originally selected when you subscribed and, unless we have notified you otherwise in advance, your subscription fee will remain fixed at the same rate at which you originally subscribed for the Media Den Service.
2.2 Subscription to the Media Den Service is on a monthly rolling basis and are fees are non-refundable. Invoices will be sent on a monthly basis if requested by emailing email@example.com
2.3 For further information on subscriptions and pricing, please see the details on our Media Den Service subscription page.
2.4 Please allow 24 hours on a normal working day in the UK (ie a weekday which is not a bank or public holiday) after you have completed and submitted the payment form for your access details to be set up.
2.5 If you fail to make any monthly subscription payment or any payment is refused, your access to the Media Den Service may be suspended and you will still be liable to pay any outstanding fees. Suspension of your access to the Media Den Service does not release you from your contractual obligations to BlueBoo.
ACCESS TO THE SERVICE
3.1 Log in details if provided for the Media Den Service are intended solely for your individual use. You agree not to share your username and password with any employees of your business or temporary or freelance employees, employees of subsidiary or associated companies or any other third-party individuals. Sharing of account access details is not permitted unless we have expressly authorised this. We have the right to request your job title/description and business sector to ensure this subscription is for your sole use.
3.2 You must keep your account access details safe and confidential and should not reveal your username and password to anyone else. If you use a shared computer, it is recommended that you do not save your account details in your internet browser.
3.3 BlueBoo reserves the right to change a subscriber’s username and/or password at any time by email sent to the subscriber at the email address used for that subscriber’s initial subscription to the Media Den Service.
3.4 In some circumstances, we may allow you access to the Media Den Service as part of a free or reduced price trial, after the trial has ended you will automatically be charged thereafter at the then current standard monthly subscription fee as set out on the Media Den Service page on our Site, unless you cancel your subscription as set out in paragraph 5 of these Media Den Subscription Terms below.
USE OF MEDIA DEN SERVICES
4.1 Payment of the subscription fee for the Media Den Service grants you the right to use the Enquiries and related information made available as part of the Media Den Service for your use as part of your own business.
4.2 You agree that you will only respond to Enquiries that relate directly to you and your business and you will not promote any other person or business via the Media Den Service or to any journalists you contact via the Media Den Service.
4.3 Enquiries are to be treated by you as proprietary and are not to be made publicly available or published by you or on your behalf. You must not pass information from our Site or the Media Den Service (including information emailed to you as part of the Media Den Service) to any other person (with or without charge).
4.4 This restriction on use of Enquiries and other information obtained via the Media Den Services also precludes you passing information to your employees, contractors or freelancers of your own business or of any subsidiary or associated company or any third parties, except with our written consent.
4.5 Any breach of this paragraph 4 can result in cancellation of your access to the Media Den Service without further notice.
5.1 Either party is free to cancel a subscription to the Media Den Service at any time. We may cancel your subscription if you fail to comply with these Media Den Subscription Terms at any time.
5.2 If you wish to cancel your subscription at any time, you may do so via email to firstname.lastname@example.org. You should allow up to 3 working days for cancellation to be processed. Once you cancel your subscription, your access to the Media Den Service will terminate and access to the Media Den Service via our Site will cease. You will receive an email to confirm your cancellation via email@example.com. If you do not receive confirmation of your cancellation your membership will remain active.
5.3 You need to be aware that all emails sent from BlueBoo will give you an option to unsubscribe from the relevant mailing list. Please note that clicking this link will remove you from our email list (so you do not receive emails from us in future) but it will not cancel your subscription to the Media Den Service. You must email us directly at firstname.lastname@example.org to cancel your subscription as detailed in paragraph 5.2 above.
5.4 The Media Den Service is intended for business owners and entrepreneurs and not for individuals subscribing in their personal capacity and not as part of a business. However, if we do agree that an individual may subscribe for the service in such a capacity, then if you subscribe for the Media Den Service over the telephone or via the internet you have a right to cancel your subscription. If you do this, you must notify us within 7 days of your subscription for the Media Den Service and we will then refund to you any sums you have already paid to us within 30 days. If you do have a right to cancel as set out above and you wish to do this, you can contact us via email at email@example.com via our help line number on 01564 771 510.
INTELLECTUAL PROPERTY RIGHTS
6.1 Except as otherwise specified, the content of the Media Den Service is owned by us or, for example, in the case of Enquiries, licensed to us for use as part of the service. Your right to use this information is limited as specified in paragraph 4 of these Media Den Subscription Terms.
6.3 You agree to indemnify us and undertake to keep us indemnified against any and all liabilities, damages, losses, costs and expenses (including reasonable legal expenses and amounts paid in settlement of legal claims) arising directly or indirectly out of any breach by you of the provisions of these Media Den Subscription Terms, including (without limitation) any infringement of any person’s intellectual property right or privacy rights.
7.1 Enquiries sent to you as part of the Media Den Services are submitted by journalists and are not subject to any verification or moderation by us, so we cannot give any assurances or accept any responsibility for their content. You are solely responsible for any decision you make as to whether to submit information in response to an Enquiry and submit any information at your own risk and having regard to the fact that the transfer of any information through the internet is not completely secure.
7.2 We take reasonable steps to ensure that all Enquiries are submitted by journalists in good faith but cannot accept any liability or responsibility for any use made by a journalist or any other person of information you submit in response to an Enquiry as we are not party to any communication or transaction between you and the relevant journalist.
7.3 We make the Enquiries available to you are part of the Media Den Service but you are responsible for the use you make of any such Enquiries (having regard to the restrictions in paragraph 4 above) and we cannot accept any responsibility for any specific outcome arising from your decision to reply or fail to reply to any Enquiries.
LIMITATION OF LIABILITY
8.1 To the extent permitted by applicable law and subject to paragraph 8.3 below, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of: 8.1.1 any error or inaccuracies in any information or material within or accessed via the Media Den Service; 8.1.2 the unavailability of our Media Den Service for whatsoever reason; or 8.1.3 the content of any Enquiries.
8.2 We do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraud or fraudulent misrepresentation made by us in relation to the Media Dens Service or for any other statutory rights which are not capable of being excluded as a matter of law.
8.3 Subject to paragraph 8.2 and 8.4, our maximum aggregate liability under or in connection with the provision of Media Den Service whether such liability arises in contract, tort (including negligence) or otherwise, shall in no circumstances exceed one and a half times the total subscription payments received by BlueBoo under these Media Den Subscription Terms in the 12 months immediately preceding the event giving rise to the liability.
8.4 Subject to paragraph 8.2, under no circumstances shall we be liable to you for any loss or damage suffered (including, without limitation, indirect, consequential or special loss or damage) arising from your use of the Media Den Service (including the content of the Enquiries or the use made by any person of any information you submit in response to such Enquiries).
8.5 Except as set out in these Media Den Subscription Terms, any condition, warranty, representation or other term which might otherwise be implied or incorporated into these terms, whether by statute, common law or otherwise, are excluded to the extent that this is permitted by law. However, nothing in these terms shall operate to prejudice any mandatory statutory requirement or any statutory right you may have.
VARIATION OF MEDIA DEN SERVICE
9.1 We reserve the right to alter the presentation and/or format of the Media Den Service at any time.
9.2 We may also make changes to the Media Den Service on reasonable notice.
10.2 In the event that we fail to exercise any right or remedy contained herein, this shall not be interpreted as a waiver of that right or remedy.
10.3 In the event of any conflict between these Media Den Subscription Terms and any prior versions thereof, the provisions of these Media Den Subscription Terms shall prevail unless it is expressly stated otherwise.
10.4 Nothing in these Media Den Subscription Terms shall confer any rights upon any third party under the Contracts (Rights of Third Parties) Act 1999.
GOVERNING LAW AND JURISDICTION
11.1 These Media Den Subscription Terms are governed and construed in accordance with the laws of England and Wales.
11.2 In using the Media Den Service you agree that the courts of England and Wales will have exclusive jurisdiction in relation to any dispute arising in relation to the Media Den Service and any Enquiries made available through it.