MM Social AB provides a marketplace for offering and distributing personalized interaction on the Instagram-platform, in the form of Likes, Comments and Follows, from actors, musicians, athletes, influencers and other celebrities/profiles ("Profiles").
Please read these General Terms and Conditions carefully before accessing or using MM Social AB's website https://blick.nu (including any variation thereof) and any service provided by MM Social AB (collectively, the "Services"). You must accept all terms and conditions set forth in these General Terms and Conditions (the "Terms").
These Terms contain information concerning your legal rights and limitations of these rights, as well as a section regarding applicable law and jurisdiction of disputes. By accessing or using the Services, you agree to be bound by these Terms. If you do not wish to be bound by these Terms (or any future updated version of these Terms) you may not access or use the Services.
1.1 The contractual relationship between you as a user (hereinafter “you” or the “User”) and MM Social AB, reg. no. 559263-3910, VAT no SE559263-391001, Sonja Kovalevskys Gata 3, SE-113 65 Stockholm, Sweden (hereinafter "MM Social AB", "we", "our"), and your access or use of the Services are governed by these Terms.
1.2 By accessing or using the Services, you acknowledge and confirm your full acceptance of these Terms and that you understand the rights, obligations, terms and conditions set forth herein.
1.3 As a condition of your use of and access to the Services, you hereby represent and warrant that (i) you are at least eighteen (18) years of age (or the equivalent age of majority in your jurisdiction) or that you have your legal guardian's prior consent, (ii) all information supplied by you via the Services is true, accurate, current and complete and (iii) you possess the legal authority to enter into these Terms and to use the Services in accordance with all terms and conditions herein.
1.4 If you do not fully understand, agree and comply with these Terms, or if you are unable to enter into legally binding contracts, you may not access or use the Services.
2. USE OF THE SERVICES
2.1 You may only use the Services in accordance with these Terms and for the sole purpose of offering or purchasing follows, likes and/or comments on the Instagram-platform (hereinafter “Blick” or “Blicks”) from Profiles.
2.2 You may request Blicks from Profiles by sending a booking request via the Profile's personal Profile site. Subject to the limited right of cancellation as set forth in Section 5.2, you are bound by your booking requests.
2.3 When you submit your booking request, we will place a temporary hold on your selected payment method. Such temporary hold will be kept up until the date upon which the Profile has either (i) produced and delivered your Video or (ii) declined your booking request.
2.4 Profiles are given seven (7) days to respond to and fulfil booking requests. Please note that we cannot guarantee that all Profiles are available or that they will be able to reply within seven (7) days. Due to other engagements or other reasons, the Profiles may be unavailable for shorter or longer periods of time.
2.5 If your booking request is declined or if the Profile has been unable to reply within seven (7) days, the booking request will be deemed declined and the temporary hold on the payment method selected will be released. Please note that it may take a few bank days before the amount placed on hold is available. Refer to the terms and conditions for the selected payment method for further details.
2.6 Upon acceptance of a booking request, the Profile commits to fulfil the booking request for a total of seven (7) days, unless another period of time is stated. This means that from the time the booking was fulfilled and delivered, the Profile will, if requested in the booking, execute any of the following tasks on the Instagram-platform;
follow your account;
like any requested posts;
comment on any requested posts;
Seven (7) days after the fulfilment of the booking, the Profile nor MM Social AB holds any guarantee that the executed tasks on the Instagram-platform mentioned above are not withdrawn. Explicitly defined, this means that the Profile holds no responsibility for eventually un-following your account, un-liking any requested posts, and/or deleting any comments they have posted.
2.7 You acknowledge and agree that MM Social AB’s descriptions are provided for information purposes only, and that descriptions may not be representative of all of the specifications of each Blick.
2.8 At all times and at our sole and absolute discretion, Blick Social AB reserves the right to deny access to the Services (or parts thereof). Furthermore, the content and features of the Services may be adapted or have different availability depending on your location and the information provided in your user profile. For example, certain content may only be available for and accessible to users at a certain geographic location or fulfilling certain criteria set by MM Social AB.
2.9 You are responsible for ensuring that your use and access of the Services at all times complies with these Terms and any directions and instructions provided by MM Social AB from time to time.
2.10 When you access or use the Services (or parts thereof) you represent and warrant that you will not:
breach or circumvent (or encourage anything that would breach or circumvent) any laws, rules, regulations or third party rights;
take any action that is or submit, post, share, or communicate anything that is or that incites or encourages action that is (explicitly or implicitly): illegal, abusive, harassing, threatening, indecent, profane, obscene, hateful, racist, derogatory, harmful to any reputation, pornographic or otherwise objectionable;
gain access (or attempt to gain access) to any area where you do not have a right or permission to be;
distribute or post spam or unsolicited electronic communications;
distribute viruses, malicious software, use any worms, trojan horses, cancelbots, spyware, corrupted files, time bombs, robots, scrapers, spiders or any other automatic means to access, damage, disrupt or interfere with the Services for any reason;
modify any file or any other part of the Services that Blick Social AB does not specifically authorize you to modify;
collect information about other users without their consent;
take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
frame, mirror or otherwise incorporate any part of the Services into any other Services, software or service without our prior written authorization;
bypass, circumvent or interfere with any technical measures used by us to provide the Services;
sell, buy, trade or otherwise transfer your user account, any personal access to the Services or any content associated with your user account; or
impersonate another person or falsely imply that you are an employee or representative of MM Social AB.
2.11 If you (in MM Social AB’s view) act in breach of these Terms or otherwise abuse user names, passwords, the Services, MM Social AB reserves the right to (i) limit, suspend and deny your access to the Services; (ii) remove any of your User Generated Content (as defined below in Section 6.1); (iii) remove any special status or benefits associated with your account; (iv) take technical and/or legal steps to prevent further use of the Services; and (v) terminate your user account.
2.12 Please note that there may be times when the Services (or parts thereof) is unavailable due to technical or maintenance-related reasons (whether on a scheduled or unscheduled basis).
3. USER ACCOUNTS
3.1 Certain use and access to the Services may require the creation and use of a user account. To create a user account, please follow the instructions provided. User accounts are personal and may not be transferred to any other person.
3.2 You are solely responsible for all use of the Services through your user account. If your user account gets lost or stolen or if you become aware of any known or suspected unauthorized use of your user account, you are required to immediately notify MM Social AB and to change your password. You are solely responsible for all use and transactions through your user name and password, until such notification is made to MM Social AB.
3.3 You are responsible for taking the necessary precautions to keep your user account, user name, password and other login credentials strictly confidential. If you give out, disclose or lose your user name and/or password, MM Social AB is not liable for any damage or loss arising therefrom.
3.4 You must always provide and maintain valid, complete and correct information to MM Social AB. You are obligated to provide any documents in writing that MM Social AB may find necessary in order to confirm the correctness of the information provided in connection with registration or verification procedures.
3.5 If you delete a user account, or if MM Social AB deletes your user account in accordance with these Terms, you acknowledge and agree that you may lose access to any data associated with your account (including, but not limited to, any special status associated with your account).
4. FEES AND PAYMENT
4.1 The fees for the Services are specified on each Profile's booking section at the time you submit a request for the delivery of a Blick.
4.2 All fees stated within the Services are inclusive of VAT and other applicable sales taxes.
4.3 Payment of ordered Blicks can be made by using one of the payment methods offered from time to time within the Services.
4.5 Please note Sections 2.3 and 2.5 and the temporary hold that will be placed on the selected payment method up until your booking request has been declined or the Blick has been fulfilled.
5. NO RIGHT OF WITHDRAWAL AND CANCELLATION OF BOOKING REQUESTS
5.1 You acknowledge and agree that Blick orders fulfilled and delivered with reference to these Terms are personally and specifically delivered for you, which means that you do not have any statutory right of withdrawal.
5.2 Notwithstanding anything contrary in Section 6.1, you may cancel your booking request up until the date upon which the Profile has accepted your booking request. Should you wish to cancel your order prior to obtaining the Profiles acceptance, please contact us via email@example.com.
6. USER GENERATED CONTENT
6.1 Please be aware that you are solely liable for any video recordings, audio recordings, sound samples, images, comments, data, videos, text, communications and other material uploaded into the Services or otherwise provided by you to MM Social AB (jointly "User Generated Content").
6.2 By providing, uploading, publishing and/or disclosing User Generated Content, you represent and warrant to MM Social AB that you have the ownership rights and/or that you have obtained all required licenses and permissions from any necessary parties, to use the User Generated Content and grant Blick Social AB the rights to use User Generated Content (and parts thereof) as specified in these Terms.
6.3 You are in the best position to determine whether your User Generated Content risk violating any third party rights, including that all necessary consents have been obtained from individuals depicted in User Generated Content. Therefore, you hereby agree to defend and hold MM Social AB harmless from and against any and all third party claim arising out of or relating to MM Social AB's use, disclosure or publication of User Generated Content as contemplated by these Terms.
6.4 By providing, publishing and/or disclosing User Generated Content, you hereby grant to MM Social AB and its affiliates a global, non-exclusive, sub-licensable, royalty free license to use, edit, reproduce, modify, disclose, distribute and/or publish such content within the Services. MM Social AB reserves (at its sole and absolute discretion) the right to refuse to accept, publish, disclose, use or otherwise make User Generated Content available.
6.5 MM Social AB reserves the unlimited right to delete and remove any and all User Generated Content that, in MM Social AB's view, is in breach of the Terms and/or applicable laws, rules or guidelines.
6.6 YOU ACKNOWLEDGE AND AGREE THAT YOU RELY ON USER GENERATED CONTENT PROVIDED BY OTHER USERS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MM Social AB EXPRESSLY DISCLAIMS ANY LIABILITY FOR USER GENERATED CONTENT.
7.1 You are hereby granted a personal, revocable, non-exclusive, non-transferrable, non-sub licensable and limited right to access and use the Services on the terms and conditions included in these Terms. MM Social AB reserves all rights not expressly granted under these Terms.
7.2 The Profile hereby grants to you a personal, non-transferrable and non-sub licensable right to use, distribute, reproduce and publicly display the Blick for non-commercial and non-promotional purposes in any and all media, including, for the avoidance of doubt, on social media platforms. For inquiries to use the Blicks for commercial and promotional purposes, please contact MM Social AB at firstname.lastname@example.org. Unless specifically agreed in writing, you may not edit, amend, develop or make any modification to the Blicks. If asked by MM Social AB or the profile, you are required to remove any proof of the Blick purchase/Profile Booking, from any platform it has been uploaded to, including but not limited to social media platforms.
7.3 Your right to use the Services (including all parts thereof) and the Blicks is subject to your continued compliance with these Terms and applicable third party terms and conditions.
7.4 Unless otherwise specified by MM Social AB in writing, you may not copy, modify, change, reverse engineer or disassemble the Services (or parts thereof), including, but not limited to, text, graphics, logos, icons, pictures, sound files, digital downloads, object code, source code and/or other thereto related material. You are expressly prohibited from any use of data mining, robots or similar data gathering and extraction tools in your use of the Services.
7.5 MM Social AB's trademarks, trade names and other signs included or referenced on the Services (the "Marks") are protected by national and international trademark laws. All use of the Marks is strictly prohibited without MM Social AB's prior written approval. The Marks may not be used in connection with any product or service that is not approved by MM Social AB or in any manner that is likely to cause confusion among customers or that disparages or discredits MM Social AB.
8.1 For the avoidance of doubt, except for the limited rights expressly granted to MM Social AB in these Terms, Blick Social AB does not acquire any ownership rights to User Generated Content.
8.2 Save for User Generated Content and the Blicks, any and all content in the Services, including text, graphics, logos, icons, pictures, sound files, digital downloads, object code, source code and/or other thereto related material are owned or licensed by MM Social AB.
8.3 Nothing in this Agreement shall be interpreted as a transfer of any of MM Social AB's material or intellectual property rights.
8.4 Notwithstanding anything to the contrary in these terms and conditions, you hereby grant to MM Social AB a limited license to retain and use any result from your use of the Services for the sole purpose of improving and developing Blick Social AB products and services.
9. PERSONAL DATA AND OTHER INFORMATION
9.1 You hereby confirm that you have received information regarding our processing of your personal data, which is available on the https://blick.nu website.
10 .LIABILITY, NON-WARRANTY AND INDEMNITY
10.1 MM Social AB endeavors to keep the Services available at all times and to correct errors and defects without unnecessary delay. However, MM Social AB neither represents nor warrants that the Services will be continuous, uninterrupted or error-free or that any defects will be corrected. Unless specifically agreed in writing, the Services and/or any product or other service provided by MM Social AB are provided on an "as-is" and "as available" basis, without any express or implied warranties whatsoever, including, but not limited to, implied warranties of non-infringement, merchantability and fitness for a particular purpose.
10.2 You acknowledge and accept that the Services may become unavailable due to planned or unplanned service, maintenance and/or updates.
10.3 MM Social AB expressly disclaims any liability in relation to third party content, including, but not limited to, User Generated Content.
10.4 If the Services contain links to Services or resources provided by third parties, such links are only provided for informational purposes, and MM Social AB has no control or liability for the content of such Services or resources.
10.5 You are responsible for the communication between your hardware and the Services, and that you have the hardware and software necessary to access and use the Services. You are solely liable for defects and limitations in your own software, hardware or telecommunications services.
10.6 Subject to willful misconduct or gross negligence and to the maximum extent permitted by law, MM Social AB is only liable for direct damages caused due to MM Social AB's breach of these Terms and not for any indirect damages, including, but not limited to, loss of profits, business interruption, reputational harm, or loss of data (even if MM Social AB has been advised of the possibility of such damages or such damages are foreseeable) arising out of and in any way connected with your use of, or inability to use, the Services.
11. COPYRIGHT POLICY
11.1 MM Social AB respect the intellectual property rights of others and expects users of its services to do the same. Blick Social AB will respond to notices of alleged copyright infringement that are properly provided.
11.2 If you believe or suspect that any User Generated Content, Blicks or other material used on or within the Services or in conjunction with any product or service offered by MM Social AB is in breach of the Terms or is used in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed (information reasonably sufficient to permit us to locate the material); (iv) your contact information, such as your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
11.3 For notice of alleged copyright infringement, contact us at email@example.com
The Services may provide links or references to third party websites or services. MM Social AB has no particular knowledge of information contained in such other website and services and does not endorse companies or products to which it links. MM Social AB does not have any responsibility for the contents or policies of such other websites and services, and does not accept any liability for any damages resulting from your access to or use of such other websites and services. For the avoidance of doubt, MM Social AB neither endorses nor verify the content, offerings or conduct of third parties. If you decide to access any of the third party websites or services linked to the Services, you do so entirely at your own risk. MM Social AB reserves the right to terminate any link or linking program at any time.
13. FORCE MAJEURE
Any failure or delay by MM Social AB in the performance of its obligations of its services shall not be deemed a breach of its obligations to you if such failure or delay to the extent such failure or delay is caused by fire, flood, earthquake, elements of nature, public utility electrical failure, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, strikes, lockouts, or labour difficulties, court order, outage, delays or disruptions of the Internet or telecommunications networks, third party non-performance or any other similar cause beyond the reasonable control of Blick Social AB. MM Social AB does not accept any liability for the consequences arising out of any such force majeure events.
14. ENTIRE AGREEMENT, AMENDMENTS AND CHANGES
14.1 Unless otherwise expressly agreed, these Terms constitutes the entire agreement between MM Social AB and the User concerning the Services, and replaces all earlier agreements and understandings between us.
14.2 MM Social AB reserves the right to amend or change these Terms at any time. Any changes to these Terms will be notified to Users in advance and will enter into force upon acceptance by the Users. If you do not accept the amended or new Terms you may not access, use or continue to use the Services. MM Social AB advises you to periodically review the Terms in order to be informed of any changes.
14.3 MM Social AB reserves the right to change or modify the content and functions of the Services at any time without prior notification and will not be liable to any party in any way for possible consequences of such changes. MM Social AB may suspend, discontinue or restrict access to any portion of the Services at any time and without notice.
14.4 By using the Services after amendments and/or changes have entered into force, you have agreed to any and all such amendments and/or changes.
14.5 MM Social AB does not undertake to archive previous versions of these Terms. Instead, MM Social AB recommends that you print and save a copy of each and every version of these Terms.
15.1 MM Social AB may wish to transfer all or part of our rights or responsibilities under these Terms to a third party without obtaining your consent. Provided that such transfer does not (in MM Social AB’s view) cause any significant disadvantage to you, you hereby agree to such transfers.
15.2 Without MM Social AB's prior written consent, you may not transfer any of your rights granted under these Terms.
15.3 If at any time any provision of these Terms is or becomes invalid, illegal or unenforceable under applicable law, the validity, legality and enforceability of the remainder of these Terms shall not be affected. In the event any provision is held in any proceeding to be invalid, illegal or unenforceable, the deficient provision shall be replaced with a new provision permitted by applicable law and having an economic effect as close as possible to the deficient provision.
15.4 Delay by either party to exercise a right or remedy under these Terms shall not affect such party's right to enforce such right or remedy at a later time, except for failure to exercise a right or remedy within a time limit specified herein. A waiver by any party of any breach of any provision under these Terms shall not be construed to be a waiver by such party in relation to subsequent breaches of such or other provisions herein.
16. GOVERNING LAW AND DISPUTES
16.1 If you have any concerns or complaints, please contact MM Social AB at firstname.lastname@example.org.
16.2 These Terms shall be governed by Swedish law, without reference to its conflict of laws principles.
16.3 Any dispute arising out of your use of the Services with reference to these Terms shall be settled by the courts of Sweden, unless the law in your country of residence allows you to choose the courts of that country for the dispute in question.
16.4 As a consumer, you are also entitled to have disputes arising out of these Terms settled via alternative dispute resolution, provided that the dispute fulfills the requirement thereof (for example requirements pertaining to time and value). We undertake to contribute to alternative dispute resolution with consumers under the law on alternative dispute resolution in consumer relations. Relevant body for dispute resolution is: Allmänna reklamationsnämnden Box 174, 101 23 Stockholm www.arn.se The European Commission has developed a platform for dispute resolution out-of-court. This enables you to resolve dispute in connection with online orders, without having to initiate a court proceeding. The platform is available at the following link: http://ec.europa.eu/consumers/odr/
16.5 Sections 16.3 and 16.4 shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and this cannot be excluded by contract.