Bloggshouse

END USER LICENSE AGREEMENT (EULA)

Effective Date: December 08, 2023

This End User License Agreement (hereinafter referred to as "EULA") constitutes a legal agreement between You and Company and governs the use of the Bloggshouse social network (hereinafter referred to as "Platform").

By installing, accessing, or using the Platform, You agree to comply with and be bound by the terms and conditions set forth in this EULA.

For the purposes of this EULA:

the term “Company” means BHC PLATFORMS FZCO, registered at the address: 29214-001, IFZA Business Park, DDP, Dubai, UAE. The Company can also be referred to as “We,” “Us,” or “Our” in this EULA.

the term "User" means a person who has registered the Account (as defined in Terms of Service) on the Platform and uses it to socialize, post content and interact with other Users or uses the Platform Services (as defined in Terms of Service) without registering such an Account. Users who interact with the Platform without creating an Account; however, its interaction is limited to viewing content via Web version only. Users also can be referred to “You”, “Your” in the EULA.

This EULA provides the User with a license ("License") to use the Platform, published by the Company across various platforms (e.g., GooglePlay, AppStore). Your use is contingent upon Your acceptance of Our Terms of Service [link], along with the constraints and conditions outlined therein and in this EULA.

Please ensure You thoroughly review this EULA prior to acceptance and confirm that You have attained the age of 16 or the age stipulated by the laws of Your country of residence as necessary for the agreement to this EULA (for more information on age restrictions, please refer to Our Terms of Service).

1. License

1.1. The Company hereby grants You a non-exclusive, limited, revocable, non-transferable, royalty-free License. That means, that:

The Company reserves the right to grant the same or different licenses for the Platform to other individuals;

You are permitted to use the Platform solely in accordance with the provisions of this EULA and the Terms of Service;

You are not required to pay the Company any fees (royalty) for the use of the License;

We have the right to revoke the License under certain circumstances, as detailed in the EULA;

You are prohibited from assigning, sublicensing, or otherwise transferring this License to any other party.

1.2. The Platform is licensed, not sold, to You.

1.3. Prohibited Use under the License. You may not:

change, modify, translate, create derivative works from, derive source code from, disassemble, decompile, or engage in any other actions regarding the Platform;

upload files containing malicious code, organize or assist in cyberattacks, use the Platform in violation of any applicable law or regulation, or distribute any means of malicious or deceiving use;

use the Platform to share unauthorized information, such as unsolicited emails, junk mail, spam, or any material promoting malware, spyware, or downloads;

reproduce, duplicate, or copy any content from the Platform without prior authorization;

distribute, share, or disseminate Platform content to third parties, whether for commercial or non-commercial purposes, without the explicit consent of the content owner or the Platform;

modify, alter, or adapt the Platform content in any way that may misrepresent or damage the original creator's work or the Platform's reputation;

use Platform content in a manner that violates copyright, trademark, or other intellectual property rights of the content creators, the Platform, or third parties;

employing Platform content for any illegal, harmful, or malicious activities, including but not limited to harassment, hate speech, or infringement of others' privacy.

1.4. The License granted under this EULA also covers all integral components of the Platform. This includes, but is not limited to, the Company's Content, any proprietary software, tools, graphics, texts, or other materials as described and specified in the Terms of Service (or similar document). The User must adhere to all stipulations outlined in the Terms of Service and EULA, especially regarding the access, use, and dissemination of the Company's Content.

1.5. The duration of the License begins when the User agrees to this EULA and continues until it is either suspended or terminated in accordance with the EULA.

1.6. You are allowed to use the Platform globally unless the Company indicates otherwise on the official website, within the Platform, or through any other methods solely determined by the Company. The Company reserves the right to modify the License territory.

1.7. The Company may amend this EULA at its sole discretion without any obligation to provide the User with prior notice or seek its consent. If the User has a disagreement with Company, the EULA in effect at the time Company is notified by the User will apply. The User may not transfer any rights or duties stated in the EULA to another party. Conversely, the Company holds the discretion to transfer its rights and duties under the EULA to any third party. Should such a transfer occur, the Company will revise the EULA accordingly.

1.8. The Platform may feature links to websites and services provided by third parties, as well as advertisements from third parties ("External Services"). These External Services do not fall under the Company's jurisdiction, and the Company does not accept any responsibility for them. The Company offers these External Services for Your convenience only and does not review, endorse, monitor, support, guarantee, or make any claims regarding them. You assume all risks associated with the use of any External Services, and You are advised to exercise caution and use Your discretion when engaging with them. By clicking on any of the External Services, You will be subject to the terms and policies of the respective third party, which includes their practices on privacy and data collection. Before engaging in any transactions with such External Services, You should conduct any necessary or appropriate investigations. The Company reserves the right to modify or discontinue any of the External Services provided through the Platform at any time.

1.9. Support and Maintenance.

1.9.1. Limited Support. Unless otherwise provided by any other contractual terms agreed upon through separate agreements, the Company shall provide Users with support services ("Support") related to the Platform at the Company’s sole discretion. The Company aims to provide a satisfactory User experience, and while the Company endeavors to make Support available, the Company does not guarantee that any Support will be provided at any particular time or at all.

1.9.2. No Maintenance Obligation. The provision of maintenance, including but not limited to, the correction of errors, defects, or issues in the Platform's functionality, performance, or security ("Maintenance"), is not guaranteed. Maintenance provided by the Company, if any, will be at the Company’s sole discretion and may be subject to additional terms and conditions provided at the time of such Maintenance.

1.9.3. Support and Maintenance Discretion. The Company reserves the right to prioritize Support and Maintenance according to its business objectives and operational capabilities. Consequently, no guarantees are made regarding the response times or outcomes of any Support or Maintenance initiatives.

1.9.4. As-Is Basis. The Platform is provided 'as is' and 'as available,' without any warranty, whether express or implied. This includes, but is not limited to, the implied warranties of merchantability or fitness for a particular purpose. The Company does not warrant that the Platform will function uninterrupted or be error-free, nor does it make any warranty as to the results obtained from using the Platform.

1.9.5. User Responsibility. Users are responsible for establishing their own procedures and checkpoints to satisfy their requirements for anti-virus protection and data accuracy. Users must also maintain external means for the reconstruction of any lost data.

1.9.6. No Liability for Support and Maintenance. To the maximum extent permitted by law, the Company, including its affiliates, officers, directors, employees, agents, suppliers, or licensors, shall not be liable for any form of damages, direct or indirect, resulting from the User's use or inability to use the Support and Maintenance services.

BY USING THE PLATFORM, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS REGARDING SUPPORT AND MAINTENANCE AS STATED ABOVE.

2. User-Generated Content

2.1. Ownership of User-Generated Content. As a User of the Platform, any content that You create, upload, or share - including but not limited to text, images, videos, music, and any other types of media or creative expressions (“User-Generated Content”, “UGC”) - remains under Your ownership. You retain all your intellectual property rights in your User-Generated Content, ensuring that you maintain control over the original creations you share on the Platform. For more details about User-Generated Content, please refer to the User-generated Content Policy, available at: [link].

2.2. Grant of License to the Platform. When You contribute UGC to the Platform by creating, uploading, or sharing it, You grant the Company a set of legal permissions concerning this UGC. Specifically, You provide the Platform with a non-exclusive license, which is:

worldwide, acknowledging that the Platform is accessible globally and the UGC can be used anywhere;

royalty-free, meaning the Platform is not required to pay You for the use of Your UGC under this license;

sublicensable, allowing the Platform to enable others to use the UGC;

and transferable, which means the rights granted can be transferred as part of a business transaction.

The Platform may use the UGC to reproduce, distribute it to the public, create derivative works based upon it, display it publicly, and perform it, especially in ways that promote or operate the Platform and any related business activities by the Company.

PLEASE NOTE! When You upload User-Generated Content labeled as an NFT ("NFT Content") to the Platform, You understand and agree that the sale of such NFT Content through our marketplace will result in the transfer of certain rights exclusively to the buyer. As such, You acknowledge that NFT Content represents a unique asset and that upon its sale, You are relinquishing any further right to sell, distribute, or license the NFT Content.

2.3. User Representations and Warranties. By sharing UGC on the Platform, You are making a formal declaration and promise regarding Your rights to the UGC. You affirm that You possess all the rights needed to distribute and share the UCG and that by doing so, You are not violating any intellectual property rights, copyright laws, or any other rights belonging to someone else. This ensures that the UGC does not include materials that You do not have permission to use and does not infringe upon the rights of third parties, such as copyright or trademark rights.

3. Minimum Technical Requirements

3.1 System Requirements.

3.1.1. To access and use the Platform You must have a device that meets the following minimum technical requirements:

(a) Operating System. The Platform is designed to operate on devices running a specified version of the operating system or later. Users must ensure that their device's operating system is up-to-date to utilize all features of the Platform effectively.

(b) Hardware. To ensure the best experience and full functionality of the Platform, it is recommended that your device meets or exceeds the following general hardware specifications: sufficient memory (RAM) for smooth operation, an adequately fast processor to handle the Platform's tasks efficiently, and any other necessary hardware components specific to the Platform's functionalities. The actual specifications may vary depending on the version and features of the Platform being used.

(c) Internet Connectivity. A stable and active internet connection is required. The quality of the Platform's functionality may be affected by the bandwidth and reliability of Your internet connection.

PLEASE NOTE! The Company does not take responsibility for any inability to use the Platform, or any partial or inadequate use thereof, if Your device does not meet the above-stated technical requirements. You acknowledge that failure to have a compatible device may result in reduced functionality or an inability to use the Platform altogether.

3.2. Updates to Requirements: The technical specifications stated above are subject to updates to enhance the Platform or meet new regulatory standards. We advise Users to regularly review the EULA for any changes. The responsibility to maintain a device compatible with the Platform's updated requirements rests solely with the User, and the Company disclaims any liability for loss of functionality or impacts on device performance due to these updates.

4. Requirements as per AppStore and Google Play

4.1. Users who download the Platform from the AppStore or Google Play must also agree to the respective terms and conditions set by Apple Inc. or Google LLC. These requirements include, but are not limited to:

Not using the Platform for any illegal or unauthorized purpose.

Compliance with all local, state, national, and international laws and regulations.

Other provisions stated in relevant policies.

Note: The AppStore and Google Play are independent entities; they are not responsible for the Platform's functionality, content, or any consequences arising from its use.

The Company assumes full responsibility for the Platform and its use. This includes but is not limited to the performance, functionality, security, and content provided by the Platform. The EULA governing the use of the Platform is a legally binding contract between you, the User, and the Company.

4.2. Specific Terms for Apple Devices:

4.2.1. Both the Company and You acknowledge that this EULA is entered into solely between the Company and You, and not with Apple Inc. The Company is exclusively responsible for the EULA and its content, not Apple.

4.2.2. The Company grants You a non-transferable license to use the Platform on any Apple-branded products that You own or control. This license is provided in accordance with the terms of this EULA and does not extend to any subsequent transfer or assignment.

4.2.3. The Company is solely responsible for providing Maintenance and Support services for the Platform, as specified in this EULA or as required under applicable law. Both the Company and You acknowledge that Apple has no obligation whatsoever to furnish any Maintenance and Support services with respect to the Platform.

4.2.4. The Company is solely liable for the Platform warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Platform to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Platform to You; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the Company's sole responsibility.

4.2.5. The Company, not Apple, is responsible for the investigation, defense, settlement, and discharge of any claim that the Platform or Your use of it infringes any third party's rights, including but not limited to: (i) product liability claims; (ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, including in relation to the Platform's use with the HealthKit and HomeKit frameworks (where applicable).

4.2.6. The Company's liability to You is not limited beyond what is permitted by applicable law. Both the Company and You will recognize that the Company is solely responsible for any loss or claim You may suffer as a result of using the Platform within the bounds of the law.

4.2.7. In the event that a third-party claims that the Platform, or Your possession and use of the Platform, infringes the intellectual property rights of that third party, the Company, not Apple, shall be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims.

4.2.8. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist-supporting" country, and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

4.2.9. Both the Company and You must acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this EULA, and that upon Your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against You as a third-party beneficiary thereof.

4.3. Specific Terms for Google Play:

By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), You specifically acknowledge and agree that:

4.3.1. to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to Your use of the Platform that You download from Google Play, and

4.3.2. You hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by the Company or You (or any other User) under these Terms or the Google Play Terms.

5. Modifications and Termination

5.1. Modifications. The Company may amend this EULA at its sole discretion without any obligation to provide the User with prior notice or seek its consent. If the User disagrees with the Company, the EULA in effect at the time Company is notified by the User will apply. The User may not transfer any rights or duties stated in the EULA to another party. Conversely, the Company holds the discretion to transfer its rights and duties under the EULA to any third party. Should such a transfer occur, the Company will revise the EULA accordingly. Continued use of the Platform after any modifications indicates Your acceptance of such changes.

5.2. License Termination.

5.2.1. Termination by the Platform. The Platform may terminate or suspend Your access to all or part of the Platform Services for the following reasons:

(1) if the Company elects at its sole discretion to cease providing the Service in general or specifically to Your country or region due to economic or operational reasons,

(2) if You fail to comply with the terms and conditions of this EULA or any other agreement related to the Service, including but not limited to any data, privacy, or content policies,

(3) the Company is required to do so by law (for example, where the provision of the Service to You is, or becomes, unlawful), and

(4) other reasons provided by the Terms or the applicable law (and/or other Company’s Policies).

5.2.2. Termination by User. You may terminate this EULA by deleting Your account and ceasing all use of the Services. You will need to follow the instructions on the Platform website to delete Your account. Upon Your termination of this EULA, Your right to access and use the Platform and services will immediately cease.

5.2.3. User’s Obligations Upon Termination. Upon termination, You must immediately cease all use of the Platform Services and destroy all copies of associated software in Your possession or control. You will also remove any Platform data from all electronic media and cease all further use of any Platform trademarks, trade names, logos, and other designations.

5.2.4. Survival and Severability of Terms. Termination of this License will not limit any of the Platform’s other rights or remedies at law or in equity. Sections of this EULA related to restrictions on use, disclaimers, limitations of liability, the Platform's proprietary rights, confidentiality, indemnity, dispute resolution and all general provisions shall survive termination. If any provision of this termination clause is found to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. If necessary, the unenforceable provision will be severed from the remaining provisions, which will remain in full force and effect.

5.2.5. No Liability for Termination. You acknowledge and agree that the Platform shall not be liable to You or any third party for any termination of Your access to the Platform Services.

5.2.6. Procedure for Termination. In the event that the Platform elects to terminate Your License, the Platform will provide You with notice of termination at Your registered email address. You will have ten (10) days from the receipt of the notice to cure the breach outlined in the notice as the cause for termination. Failure to cure such breach within the specified time period will result in immediate termination without further notice.

5.2.7. Effect of Termination. Upon the effective date of any termination, Your account will be deactivated and You may be barred from accessing the Platform Services, Your account details or any files or other content contained in Your account without any liability to the Platform.

6. Disclaimer & Limitation of Liability

6.1. Provision of the Platform. The Platform is provided "AS IS," without any guarantees or warranties of any kind, either expressed or implied. To the maximum extent permitted by applicable law, the Company disclaims all warranties, expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

6.2. Limitation of Liability. You expressly understand and agree that the Company and its affiliates, officers, employees, agents, partners, and licensors shall not be liable to You for any direct, indirect, incidental, special, consequential, or exemplary damages which may be incurred by You, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.

6.3. Acknowledgement of Risk. You acknowledge and agree that the entire risk arising out of Your use of the Platform remains solely with You. You will assume all risks that the Platform may not perform as intended or expected. The Company will not be responsible for any loss, damages, or harm resulting from Your use of the Platform.

6.4. Indemnification. You agree to indemnify and hold the Company, and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content You submit, post, transmit, modify or otherwise make available through the Platform, Your use of the Platform, Your connection to the Platform, Your violation of the EULA, or Your violation of any rights of another.

7. General Provisions

For all matters pertaining to the License grant not expressly addressed in this EULA, such as applicable law and jurisdiction, dispute resolution to the EULA, the pertinent clauses of the Terms of Service shall apply to the EULA.

8. Contact Information

For questions or concerns regarding this EULA please contact Us at: e-mail: [email protected]; phone: +971561009698.