Blam Websites Ltd
Terms and Conditions

1. GENERAL

Welcome to Blam Digital, a trading name of Blam Websites Ltd, “We,” “Our,” or “Us.” These Terms of Services (the “Terms,” “TOS,” or “Agreement”) are a contract between Us and You (“You” or “Your”) and govern Your use of Our websites and all of the Services We offer, including the Blam Digital Certified Partnership Programs. As such, please read these Terms carefully.

Your use of the main Blam Digital website or Our other related websites (“Site”), toolbars, widgets, and applications, and Your use of any of Our Services (including without limitation the software, programs, code, technology, offerings, tools, plug-ins, components, upgrades, updates, SEO, PPC, advertising services, and all related applications and services, collectively Our “Services”), are subject to and conditioned upon Your assent to and compliance with these Terms. Portions of the Services may be subject to other entity’s terms and conditions, and Your use of such entity’s services is subject to and conditioned upon Your acceptance of such additional terms and conditions.

BY ACCESSING THE SITE AND/OR USING THE SERVICES, YOU CONFIRM AND ACKNOWLEDGE (1) THAT YOU HAVE READ THIS AGREEMENT, (2) THAT YOU UNDERSTAND ITS CONTENT, AND (3) THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. THE AGREEMENT IS BETWEEN YOU AND BLAM WEBSITES LTD.

If You do not agree to be bound by the terms and conditions of this Agreement, do not use or access the Site, Sites, or use any of the Services. Use of Our Site or Services is void where prohibited.

From time to time, Blam Digital may amend this Agreement, in its sole discretion, by posting updated versions at https://www.blam-digital.com/terms-and-conditions or by notifying You by other means. Material changes to the Terms will be communicated to You via email or through a prominent notice on the Site at least 30 days before such changes take effect. If You do not agree to the new or different terms, You should not use or access the Site, Sites, or the Services.

2. DEFINITIONS

For the purposes of these Terms, the following definitions shall apply:

• “Content”: Refers to all text, graphics, images, video, data, and other materials uploaded, transmitted, or submitted by You or other users through the Site or Services.

• “Services”: Refers to all products, offerings, tools, plug-ins, updates, and other services provided by Blam Digital, including but not limited to website creation, SEO, CRM management, and the Certified Partnership Program.

• “Partner”: Refers to any individual or entity that has entered into a Blam Partnership Program agreement with Blam Websites Ltd.

• “User”: Refers to any individual or entity accessing or using the Site or Services.

3. SERVICES

We provide various websites, marketing solutions, and products for Our customers and Partners, including but not limited to the following, each included as part of the Services that We offer: Blam Digital Certified Partnership Program, Blam Academy Program, and marketing management services, including but not limited to SEO, social media management, advertising, CRM management, content writing, and advertising management. You may use the Services for Your personal use, commercial use, or internal business use in the organisation that You represent, so long as You are in compliance with all provisions of this Agreement.

In connection with Your use of the Site, Sites, or the Services, You may be made aware of services, products, offers, and promotions provided by third parties. Certain Services may incorporate, link to, or require the use of third-party platforms, tools, or software. These third-party services are subject to their own terms and conditions, which You are responsible for reviewing and accepting. We disclaim all liability arising from the use of such third-party services, including their availability, accuracy, functionality, or compliance with applicable laws.

4. LICENSES

Revocation of License: You may revoke any license granted to Us under these Terms by providing written notice of such revocation to info@blam.online. Revocation will not affect the licenses granted prior to the date of revocation and may result in limitations or cessation of Services. You acknowledge that Blam Digital is not liable for any loss of functionality resulting from such revocation.

5. CONTENT

We do not own nor do We claim ownership of the content submitted to be included in and/or displayed on Your website or your clients websites. Content includes, but is not limited to: information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials included on a site via the Service. This Content is Your Content and as such, You are responsible for all of the Content that You upload, post, transmit or otherwise make available via Our Services. We do not control the Content You post via Our Services.

You are responsible for any Content that may be lost or unrecoverable through use of the Services. You are encouraged to archive Your Content regularly and frequently.

Blam's Services allow You to import or link certain Content hosted on third-party websites into the Services. This Content isn’t owned by Blam, and thus if it is no longer available or accessible to a user, then those portions of Your creation that reference such Content will not work.

The Services provide You the ability to embed images, animations, videos, audio, fonts, and other Content owned or provided by You or other third parties into the Services. The use of such third party Content shall be subject to the compliance with the provisions of these Terms and if applicable, the terms of use / end user license agreement of the third party owning or providing the Content. Blam or its partners do not warrant that the content embedded in a website, either generated via automatic import, or placed manually by You, or placed by us when given to us by you or your client, is licensed for use in Your jurisdiction. You are responsible for ensuring You or your client have the appropriate license, or meet Fair Use requirements, or other laws and rights in Your jurisdiction, for any content that may have a trademark or copyright.

Through Our Services, We may provide certain Content that is subject to proprietary rights of third parties. Blam shall have the right, at any time, at its sole and exclusive discretion to remove such Content from the Services and/or disable access to such Content.

By using the Services, You may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will We be liable for Your Content or the Content of any third party, including, but not limited to, for any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that We do not pre-screen Content, but that We shall have the right (but not the obligation) to refuse, move or delete any Content that is available via the Service. We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable in Our sole discretion. You bear all risks associated with the use of any Content. You acknowledge and agree that We may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect Our rights, property, or personal safety and those of Our users and the public.

Blam SHALL HAVE THE RIGHT TO DISABLE THE ACCESS TO ANY CONTENT AND/OR DELETE IT AT ITS SOLE AND EXCLUSIVE DISCRETION, WITH NO LIABILITY TO US, AND YOU SHALL NOT BE ENTITLED TO ANY REIMBURSEMENT OF ANY AMOUNT PAID BY YOU.

6. REGISTRATION AND ACCOUNT MANAGEMENT

Some functions of the Services require registration, and as part of the process, You will be requested to provide certain information, including among others: Your name, email address, company name, field of business and website URL (“Registration Data”). By using the Services, You agree to:

- Provide true, accurate, current and complete Registration Data as prompted by the registration process;

- Maintain and promptly update the Registration Data to keep it accurate, current and complete;

- Maintain the security and confidentiality of Your password and any other security or access information used by You to access the Site or Services;

- Ensure that You log out of the Services at the end of each session using the Services.

- Refrain from transferring Your user account on the Services to any other party without Our prior written consent;

- Refrain from impersonating any person or entity or misrepresenting Your identity or affiliation with any person or entity, including using another person's username, password or other Registration Data; and

- Immediately notify Us in writing if You become aware of any loss, theft or use by any other person or entity of any of Your Registration Data in connection with the Site or the Services or any other breach of security that You become aware of involving or relating to the Site.

You represent that any communications and all other activities through the use of Your Registration Data were sent or authorised by You, and You agree and understand that You are fully responsible for all activities that occur under Your Registration Data.

We may, in Our sole discretion and without notice or liability to You or any third party, immediately suspend or terminate Your account and refuse any and all current or future access to and use of the Services (or any portion thereof). Grounds for such termination may include, but are not limited to, extended periods of inactivity, loss, theft or unauthorised use of Your Registration Data, violation of the letter or spirit of this Agreement, providing content including without limitation Registration Data that is inappropriate or offensive in Our discretion, or if We have reasonable grounds to suspect any of the Registration Data that You provided is inaccurate, not current or incomplete.

You declare that by providing Your Registration Data to Us, You hereby consent to, Us sending, and You receiving, by means of telephone, direct message, SMS or e-mail, communications containing content of a commercial nature relating to Your use of the Site, the Services and related services, including further information and offers from Us that We believe You may find useful or interesting, such as newsletters, marketing or promotional materials. You acknowledge that We do not have to obtain Your prior consent (whether written or oral) before sending such communications to You, provided that We shall immediately cease to send any such further communications should You notify Us in writing that You do not wish to receive such commercial content anymore.

7. PRICING, PAYMENTS, REFUNDS, AND TAXES

By using the Services, You agree to pay all associated set-up and subscription fees.

Blam reserves the right to establish the price for every Service We offer. We may change the price of any Service at any time, in Our sole discretion. We reserve the right to charge a price for a Service that was previous offered for free. If We decide to increase the price of the Service to which You are subscribed, We will make every effort to communicate this pricing change to You via email. We do not need to notify You if We decide to raise the price of a Service to which You are not subscribed.

For monthly subscription Services, You are welcome to cancel and give 30 days notice at any time without obligation to pay for additional monthly payments.

All set-up fees, one-time or annual, in connection with Services, including website design services are non-refundable.

If and when participating in a free trial of a Service, You shall have the right to use the Service for the duration of the free trial without charge until the expiration date of the trial at which point Services shall be discontinued if You do not elect to purchase a subscription to the Service.

If and when participating in the Site for Life programme (Discontinued as of January 2020), the following additional terms shall apply:

The Site for Life Programme is offered to any purchaser (“User”) of the Blam Websites' service (“Site for Life Services”) for a one-time fee. Upon payment of the Site for Life Programme fee and for so long as Blam remains in business and does not undergo a change in control, the Site for Life Service will be provided at no additional charge (the “Programme Term”). Users are responsible for any charges for added services.

Blam reserves all rights to change or terminate the Site for Life Service Program at any time and for any reason. We make no representation with respect to Site for Life Service pricing after the Programme Term. All Users will be given notice within a commercially reasonable time before the termination of the Site for Life Service.

During the Programme Term, all Users will be entitled to receive new release versions of the Blam Digital services, and all updates, revisions and patches to these services. Users are not entitled to receive: (i) new applications and services not included in the Blam Digital services as of the start of the Programme Term, as determined by Blam at its sole discretion; (ii) versions that allow the Site for Life Services to run on a different platform, operating system or in a different format; (iii) versions or software which are distributed separately from the Blam Digital services to customers generally.

These Terms and Our Privacy Policy apply to the Site for Life Programme and Your use of the Site for Life Services, and by enrolling in the Site for Life Programme and using the Site for Live Services, You agree to abide by those terms. In the event there is a contradiction between these Terms and the Site for Life Programme Terms, these Terms shall control.

The Site for Life Services may be immediately terminated, in Our sole discretion, upon any violation of these Terms or if We are required to end the Site for Life Programme pursuant to any applicable law.

You are and shall be fully responsible for the payment of any taxes that apply to Your use of the Site or the Services.

The Services, including without limitation payment processing, may be handled directly by Us or by online third parties. Where a third party handles a payment, the payment is subject to the terms of use and privacy policy of such third party (including among others payment methods, tax liability, collection and use of Your personal information, and support levels). We recommend that You review the terms of use and privacy policy of such third parties before submitting any personal information and using such third parties' services.

Blam Partnership Programme: Any agreed period of refund eligibility for the joining fee outside of the 14 day statutory amount must be in the signed proposal agreement document. Any 14-day money-back guarantee or any other money back guarantee agreed is not valid if a discount has been applied unless agreed in writing prior to signing the proposal agreement.

Elite and Platinum Blam Partners, free web and app design. The free web and app design applies to Elite and Platinum Partners exclusively. There will be no charge for the first five pages of a website or five functions of an app provided the Blam Partners service fee is up to date. The pages must only contain standard functions and no bespoke development is included in these plans so will be charged for as extra if required in accordance with our price list or separate quote. The plans are subject to a fair usage policy, e.g. web pages with a greater than average amount of content may be counted as two pages. Any additional pages or functions will be charged according to the current price list. The free web and app design service is only available when the monthly Partnership subscription fees are paid up to date, have no outstanding debts with Blam and are up to date with any payment plans, unless otherwise agreed in the signed contract.

Blam Digital Certified Partnership purchase fee. Blam reserves the right to withdraw its services, support and training if a Blam Partnership payment plan is in default/falls into arrears.

Blam Digital Certified Partnership monthly fees. Blam reserves the right to withdraw its services if the monthly service charge falls into arrears as per the signed proposal contract.

8. USER CONDUCT

Data Scraping and Automation Tools: You are prohibited from using automated tools, bots, or scripts, including but not limited to web crawlers or scraping software, to access, monitor, or collect data from the Site or Services without Our prior written consent. Unauthorised use of such tools may result in immediate termination of access to the Site and Services.

You may access and use the Site and Services only for purposes as intended by the normal functionality of the Site and Services, and so long as You are in compliance with all provisions of this Agreement. In connection with Your use of the Site and the Services, You agree to abide by all applicable local, state, national and international laws and regulations and not, nor allow or facilitate a third party to, violate or infringe any rights (including without limitation copyrights, rights of publicity or privacy and trademarks) of others, Our policies or the operational or security mechanisms of the Services, and without limiting the foregoing, You may not:

- use (i) the Site, (ii) the Services, or (iii) any Content, services, features, data, information, text, images, photographs, graphics, scripts, sounds, video, music, sound recordings, programming, logos, trademarks, services marks, HTML code, compilation of content, format, design, user interface and software made available through or which appears on the Site or Services to promote, conduct, or contribute to fraudulent, obscene, pornographic, inappropriate or illegal activities, including without limitation deceptive impersonation, in connection with contests, pyramid schemes, surveys, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise);

- interfere with the access, use or enjoyment of this Site or the Services by others (including without limitation causing greater demand on the Services than is deemed by Us reasonable, attacks such as "flaming" other participants in a manner that might incite or perpetuate a conflict or argument, and creating usernames to attack other participants' identities); harass or defame others; or promote hatred towards any group of people;

- harvest or otherwise collect non-public information about another user obtained through the Site or the Services (including without limitation email addresses), without the prior written consent of the holder of the appropriate rights to such information;

- add a Site member to Your email or physical mailing list without their consent after adequate disclosure, or use their email address or contact details for antisocial, disruptive, or destructive purposes, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the internet;

- use any Content except for the intended purposes of the Services and Site, subject always to the terms of this Agreement. You may not display, import or export feedback information relating to the Site or use it for purposes unrelated to the Services without Our prior written consent;

alter, modify, delete, forge, frame, hyper-link, create derivative works or otherwise interfere with or in any manner disrupt, circumvent, or compromise any part of the Site, the Services, any Content, or features;

- access or attempt to access any of Our systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on the Services;

- decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of the Site or the Services except if and to the extent permitted by applicable law;

- copy, distribute, transmit, broadcast, publicly display, publicly perform, rent or sell any portion of the Services, the Site or the Content;

- use any robot, spider, other automated device or any tool-bar, web-bar, other web-client, device, software, routine or manual process, to monitor or scrap information from this Site or the Services, or bypass any robot exclusion request (either on headers or anywhere else on the Site);

- fail to deliver timely payment for Your purchases;

- use any meta tags or any other "hidden text" utilising any trademarks or intellectual property owned or licensed by Us;

- create or provide any other means through which the Services may be accessed, for example, through server emulators, whether for profit or not;

- 'deep-link', redistribute or facilitate the redistribution of Content; and

- abuse or use any other means to affect or manipulate the Services in general or the prices quoted through the Services

We are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to any Content, other than Content provided by Us.

9. PRIVACY POLICY

Your use of the Site and the Services is also subject to Our Privacy Policy, which informs You of Our policies and procedures regarding the collection, use, and disclosure of information We receive when You visit Our Site and use any part of Our Services. By using or accessing the Site and the Services, You consent to the collection and use of information as described in Our Privacy Policy, as may be amended by Us from time to time.

10. PROPRIETARY RIGHTS

You acknowledge that Our Site and the Services, including without limitation the Software, the trademarks, service marks and logos contained on the Site (“Marks”), are protected by copyrights, trademarks, service marks, patents or other proprietary rights, both with respect to individual content and as a collective work or compilation, pursuant to laws and international conventions. Any rights to the Site and the Services, and all Blam Content contained therein, are reserved by Us and Our licensors.

You acknowledge that Blam's and it’s partners' Content is protected by copyrights, trademarks, service marks, patents or other proprietary rights, both with respect to individual Content and as a collective work or compilation, pursuant to laws and international conventions. Any rights to Blam's or its partners' Content, the Site and the Services not expressly granted herein are reserved.

11. LINKS TO THIRD-PARTY WEBSITES

The Site contains links and references to websites belonging to other entities. We may, from time to time, at Our sole discretion, add or remove links to other entity's websites. These links are provided solely as a convenience to You, and access to any such websites is at Your own risk. We encourage You to be aware when You leave the Site and to read the terms and conditions and privacy policy of each other entity's website that You visit. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to such websites. In no event shall Blam be responsible for the information contained in such websites, their practices or for Your use of or inability to use such websites, or transmissions received from such websites. You expressly relieve Us from any and all liability arising from Your use of any third-party website.

12. LINKS TO THIS SITE

Subject to the terms of this Agreement and so long as this Agreement is not terminated, We grant to You a nonexclusive, non-transferable, non-sublicensable right to display on Your website a link to the Site's homepage, as long as Your use is not misleading, illegal or defamatory, or Your website is not obscene, pornographic, inappropriate or illegal. You may display the logo only in the form and size provided to You. You may not use the logo in any way that suggests that We endorse or sponsor Your site, or that tarnishes, blurs or dilutes the quality of Our trademarks or any associated goodwill, including without limitation displaying the logo on any page that contains infringing, misleading or illegal content. All use of and goodwill associated with the logo shall inure to Our benefit.

13. USER DATA AND YOUR FEEDBACK

The data related to Your visit to Our Site and use of Our Services as well as any feedback you may provide Blam, including without limitation, images, words, ideas, knowledge, techniques, marketing plans, information, questions, answers, suggestions, emails comments, and the like shall be considered non-confidential nor of a proprietary nature. In providing this material, You authorise Us to use it and any images, developments or derivatives thereof, according to Our needs as determined in Our sole discretion, including for public relations and promotion of the Site and the Services in the online and offline media, and all without requirement of any additional permission from You or the payment of any compensation to You.

14. DISCLAIMERS OF ALL WARRANTIES

BLAM'S CONTENT, THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WITHOUT LIMITING THE ABOVE, (I) WE MAKE NO WARRANTY THAT THE SITE, THE SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, ACCURATE, CORRECT, COMPLETE OR AVAILABLE; (II) WE DO NOT ENDORSE OR APPROVE ANY CONTENT PROVIDED BY ANY PARTY OTHER THAN US AND DISCLAIM ALL LIABILITY WHATSOEVER THERETO; AND (III) WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THIS SITE, THE SERVICES OR THE CONTENT IN TERMS OF ITS CORRECTNESS, COMPLETENESS, RESULTS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE.

15. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INJURY, DEATH, ACT OF GOD, ACCIDENT, DELAY, DIRECT OR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY (I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THIS SITE OR THE SERVICES (INCLUDING WITHOUT LIMITATION INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF ACCESSING THIS SITE OR THE SERVICES), (II) ACTION OR INACTION IN CONNECTION WITH THIS AGREEMENT OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR (III) STATEMENTS OR CONDUCT OF YOU OR ANY THIRD PARTY ON THIS SITE OR YOUR SITE OR MOBILE WEBSITE, INCLUDING WITHOUT LIMITATION ANY SUBMISSIONS THEREON; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.

All of the above limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and are fundamental elements of the bargain between Us and You. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or in connection with the Site, the Services, the Content or the Agreement must be filed within thirty (30) days after such claim or cause of action arose or be forever barred.

In the event this limitation of liability shall be for any reason held unenforceable or inapplicable, You agree that Our aggregate liability shall not exceed the amount paid by You to Us pursuant to this Agreement.

16. INDEMNIFICATION

You release, and agree, at Your own expense, to indemnify, defend, and hold harmless Us, Our officers, directors, employees, agents, and affiliates, from all claims, liabilities, loss, and damages related to:

1. Your use of, access to, or reliance on this Site, the Services, or the Content.

2. Third-party claims arising from Your use of third-party services, or violation of these Terms.

17. REDIRECT CODE AND OTHER SCRIPT

As one of the final steps to publishing Your website through Blam Services, You may be required to install or have installed in the code of Your website a certain section of code that redirects customers to Your mobile website (“Redirect Code”) when viewing Your website on a mobile device. In rare cases, installing Redirect Code incorrectly can cause a website to be impaired, malfunction or function differently.

Similarly, when accessing a Service from a Non-Blam Access Point, it may be necessary for a certain section of code (“Script”) to be added to Your website to ensure proper integration and functionality of the Service within Your website.

You understand and acknowledge that the Agreement’s Limitation of Liability (Sec. 15) and Indemnification (Sec. 16) apply to all foreseen and unforeseen situations arising from Your installation of Redirect Code and other Script insertion; in no way shall Blam be responsible for any related claims, liabilities, loss or damages.

18. COPYRIGHTED MATERIALS, INFRINGEMENT NOTICES AND TAKEDOWN

YOU SHALL NOT USE THE SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. We have adopted and implemented a policy, stated below, that provides for the termination in appropriate circumstances of Blam users who infringe or are believed to be infringing the rights of copyright holders:

If You believe that any material contained on this Site infringes Your copyright, You should notify this Site's Designated Agent listed below by mail or email with the following information:

Attn: Blam Legal

Address: Alpha Tower, floor 22, Suffolk Street Queensway, Birmingham, West Midlands, UK, B1 1TT.

Email: info@blam.online 

Your notice to the Designated Agent should be in English and contain the following information: (a) a physical or electronic signature of a person authorised to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed; (c) a description of the exact name of the infringing work and the location of the infringing work on the Services; (d) information sufficient to permit Us to contact You, such as Your physical address, telephone number and e-mail address; (e) a statement by You that You have a good faith belief that the use of the material identified in the manner complained of is not authorised by the copyright owner, its agent, or the law; (f) a statement by You that the information in the notification is accurate and, under penalty of perjury that You are authorised to act on the copyright owner's behalf.

The Copyright Agent will only respond to any claims involving alleged copyright infringement. Notwithstanding this section, We reserve the right at any time and in Our sole discretion, to remove content which in Our sole judgment appears to infringe the intellectual property rights of another person.

19. GOVERNING LAW AND EXCLUSIVE COURTS

This Agreement will be governed by laws of England & Wales without regard to its choice of law or conflicts of law principles. You hereby consent to the exclusive jurisdiction and venue in the courts in England & Wales, except that temporary relief to enjoin infringement of intellectual property rights may be sought in any court.

20. PARTNER NON-COMPETE AGREEMENT

All Blam Partners hereby agree not to directly or indirectly compete with the business of Blam Websites Ltd and its successors in the business of providing marketing Partnership Programmes. The Company may, in reliance of this agreement, provide the Partner access to trade secrets, suppliers and other confidential data and goodwill. The Partners agree to retain said information as confidential and not to use said information on their own behalf or disclose same to any third party. The Partners also agree to take reasonable security measures to prevent accidental disclosure.

The Partner shall not own, manage, operate, consult or be employed in a business substantially similar to, or competitive with, the present business of Blam Websites Ltd or such other business activity in which Blam Websites Ltd may substantially engage during the term of the Partnership.

This non-compete agreement shall be in full force and effect during the period of the Partners Partnership and for three years following Partnership termination, notwithstanding the cause or reason for termination.

On termination of the Blam Partnership agreement, all websites and apps will be transferred to the ownership of Blam Websites Ltd along with all associated contracts where appropriate and agreed in advance with Blam Websites Ltd.

This agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns, and personal representatives.

21. FORCE MAJEURE

We shall not be liable for any failure or delay in performance due to causes beyond Our reasonable control, including but not limited to acts of God, natural disasters, cyberattacks, government restrictions, labor disputes, or interruptions in telecommunications or internet services.

22. DATA BREACH NOTIFICATION

In the event of a data breach involving Your personal information, We will notify You as soon as practicable, and in any case within 72 hours of becoming aware of the breach, in compliance with applicable data protection laws such as the GDPR. The notification will include:



1. A description of the nature of the breach;

2. The likely consequences of the breach; and

3. The measures taken or proposed to address the breach.

23. BETA SERVICES DISCLAIMER

From time to time, We may offer certain features or Services on a beta or trial basis (“Beta Services”). Beta Services are provided “as-is” and without warranties of any kind. Your use of Beta Services is entirely at Your own risk.