Terms and Conditions of Use

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Introduction

Welcome on BlookUp !

BlookUp provides on demand publishing services enabling customers to create, layout, print and publish books ("blooks") from their blogs or social networks and if they wish to offer them for sale (hereinafter the "Services").

Users who create an account are called « members »). The services offered by BlookUp ("BlookUp", "we") include on demand publishing services, a website (the "Website"), and pages on social networks (such as Facebook, Twitter and Instagram). By using the Services, you agree to be bound by these terms as a "Member".

By using the Site and the services offered on the Website and by accessing the social networks pages owned by BlookUp, you undertake to comply with the present Terms of Use, as well as the Privacy Policy of BlookUp.

Things to remember :

  1. Your content belongs to you. BlookUp has no ownership rights to the content of your book.
  2. We may terminate membership privileges of any Member who repeatedly infringes the intellectual property of others.
  3. The credentials of your blogs or of your social medias accounts are only used to create your book from the available data; They're not stored and cannot be reused.

1 - Definitions

For the purposes of these Terms of Use, the Parties agree on the following definitions:

2 - Purpose

The terms and conditions of use ("TCU") are intended to define the terms of use of the Website and social medias pages owned by the BLookUp company

The provisions accessible via the Website in its Terms and Conditions of Sale ("TCU") shall also apply.

The Website allows any User and/or Member to create, layout, print and publish and order books ("blooks") or Ebooks based on their blogs and, if they wish, to offer their books for sale.

Any access to and/or use of the Website or social networks owned by BlookUp entails the express and unconditional acceptance and respect of all the present TCU. They shall constitute an agreement between BlookUp and the User.

3 - Legal notices

The Site is edited by BlookUp, SAS with a 1 436,00 EUR capital, whose registred office is located at 4, rue Esprit des Lois, 33000 Bordeaux and is registered with the RCS of Bordeaux under the number 535 399 455.

email address: contact[a]blookup.com

Telephone number: +33 (0)5 64 31 09 20

TVA number: FR15535399455

Publishing director: Mr. BRUNO PHILIPPE

This Website is hosted by WSB SARL, 4 rue Esprit des lois, 33000 Bordeaux

4 - Use of the site, registration, account and password

1. Registration and creation of a personal account and profile.The User who wants to create one or more blooks based on one of the blogs or social medias from which content he is the author of, or buy a blook created by an Author/Blogger via the BlookStore, must first create a personal account by using the registration form available on the Website. BlookUp will validate the registration of the User after verification of the information provided by said User.

2. Eligibility. You represent and warrant that (a) all the necessary information you provide during registration is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are aged at least eighteen 18 years; and (d) your use of the Services does not violate any applicable law or regulation.

3. Password. When you register to become a Member, you will also be asked to choose a user name and a password. It is of your entire responsibility to maintain the confidentiality of your password. You undertake not to use the account, username or password of another Member at any time whatsoever. You are solely responsible for any use of your account. You undertake to notify BlookUp immediately if a third party has become aware of your login information and to implement effective remediation measures immediately, such as changing your password. BlookUp cannot be held responsible for any misuse of your Account.

5 - Process of creating a blook and security of users credentials

In order to create a blook as an Author/Blogger, your digital content must be published on one of the following platforms: Wordpress, Blogger, Canalblog, Blogspirit, Skyblog, Haut et Fort, Tumblr, Overblog, Facebook, Twitter or Instagram. Concerning Wordpress, it is also possible to transform your content into a blook by recovering an .XML file from your backoffice. Once the file is obtained, go to the "The Book of your Blog" or "The Album of your Blog" page, click on "Create my book", choose Wordpress when you're asked to choose a platform then click on "Create a blook from an XML file" link, then "Upload" and "Import".

In order to prepare realize a blook in a few minutes, the User must ensure that all necessary modifications are made beforehand on his/her blog or social media account and that all contents are available at the time of the import or even before getting the XML file. Modifications and contents availability include: Spelling and typos, articles categorization, upoading new photos and change them if necessary. In order to learn more about the customization options and how to save time in the achievement of your blook, read the Content and Customization part of our Help page.

Once all necessary edits are made, the User must authorize BlookUp to access the backoffice of the imported platform, wether by communicating its credentials or by a "authorizing access" function of said platform, thus allowing BlookUp to proceed and import relevant data in order to layout it. This step only last for a few minutes.

In the first case, the temporary access granted to BlookUp is permitted thanks to the use of the open-source OAuth protocol. This protocol is meant to securely allow a website or application to use the API of another website or application on behalf of a third-party user. In other words, the use of this API (each API is specific to each blogging platform) allows BlookUp to extract content from the blog only once during the time required for data import while still protecting the credentials of the Blogger. This means that no personnal information is accessible, known nor stored by BlookUp services and can not in any way be reused.

In the second case, while trying to connect to the platform, and depending on said platfrom, BlookUp may have to ask for writing permission (publishing posts on your behalf). If this option appears, this means that this authorization can't be separated from the reading permission (getting access to your contents in order to import them) and that BlookUp has no choice but to obtain the writing permission in order to also access the reading permission. This restriction only depends on the API and not on BlookUp's will. BlookUp vows to never use the writing permission to post on your behalf on your blog or social media, wether during or after the import process.

Every blook created can be customized by the Author/Blogger at any time (provided that it is not yet ordered) by going to the Account page. Once the bloo is finished, it can be shared and put to sale in the BlookStore. By default, a blook is private and only its creator can see and order it from his/her account. The BlookUp account is strictly confidential.

Beware! A non-ordered blook is stored for a 3 months period starting the day of its creation if the blook isn't modified at all. Any new edit of the blook will postpone the 3 months deadline, but if no modification is made, the book will definitively be deleted for storage reasons. In the same idea, blooks that have been ordered at least once are deleted after a 3 years period starting from the date of their last order, but reordering them will reinitialize the period.

When you create a blook on the Website, BlookUp allows you to customize the layout of your blook and will show you a preview of your final layout. This preview is your Press Proof and by validating your order, you are supposed to have checked the content of your blook, thus taking away the possibility to modify the blook nor to contest or discuss all or part of the layout of the blook.

6 - Users and/or Members's Obligations

The user undertakes:

- To respect the intellectual property rights related to the content owned by BlookUp, by other Users and any third party ;

- Not to publish content via his or her blooks corresponding to the exercise of a commercial activity: advertising, promotional or commercial messages, small ads and more generally any message containing personal or business contact information (telephone number, address or email) or links to other websites;

- Not to make, share any comments or publish in any form whatsoever information or content infringing the rights of others and more generally any content which would be contrary to applicable laws and regulations, to the rights of persons, or that incorporates links to third-party websites that are illegal in character;

- Not to publish, post, disseminate, or broadcast in any form whatsoever information or content that has the effect of reducing, disorganize, prevent the normal use of the Website, interrupt and/or slow down the normal flow of communications between the Users through the services, software, virus, logic bombs, mass mailing, spamming... ;

- Not to defame, abuse, harass, stalk or threaten anyone, nor violate the rights of others;

- Not to infringe the right to privacy, honor, reputation and dignity of others and the image rights of persons who are likely to be identified within the content likely to infringe their right to privacy;

- Not to disseminate messages through the Website or content through your blooks that contain insults, obscenities, pornographic elements, violent, disparaging or defamatory;

- Not to post comments or contents contrary to the applicable laws and regulations, such as incitement to racial hatred, calls to pedophilia, homophobia, to justify war crimes or crimes against humanity, the incitement to commit a murder or a crime, incitement to the commission of acts of terrorism and their vindication, incitement to racial hatred, hatred of people because of their gender, sexual orientation or gender identity or disability and child pornography, incitement to violence, including incitement to violence against women and violations of human dignity ;

- Not to usurpate the identity of another person;

- Not to transmit viruses or other harmful or destructive program, and generally not disrupt the operation of the Site;

- Not to use software or programs on the Website performing automated tasks, regardless of the features, such practice being treated as an infringement of an automated data system;

- Not to take over all or part of the content of existing works without the authorization of copyright holders in such works;

- Not to reproduce and/or use the trademark, the company name, logo or any distinctive sign of a third party without his authorization when the blook which is created is intended to be made public;

- Not to transmit elements that infringe intellectual property rights or third party rights, including trademark, personal rights or copyright, patent rights, copyright rights attached to benefits and / or distinctive signs rights;

- To generally act in good faith towards other Users and BlookUp, and to comply with and respect the laws and regulations in force, and in respect of all obligations of these Terms.

7 - Authors/Bloggers' specific obligations

1. Content of your blook. The Author/Blogger is solely responsible for the content of his book. The Author takes full responsibility for the published texts, documents, photographs and abbreviations he uses to illustrate his blook, including and especially third parties' content (comments from others especially on Facebook). It is specified that BlookUp does not perform any checking, proofreading, or even any correction of the blooks created by the Authors/ Bloggers. Therefore, it is reminded that BlookUp cannot be held liable because of the activities or information stored at the request of a recipient and user of these services, including any violation of copyright or breach of third parties rights if BlookUp did not have actual knowledge of such illegal activities or information, and was not aware of facts or circumstances making the illegal activity apparent, or if BlookUp, upon obtaining such knowledge or awareness, acted expeditiously in order to remove or disable access to the information.

2. Prohibited Content. DO NOT INCLUDE THE PARTICULARS "PUBLISHED BY BlookUp", "ADVERTISING BlookUp" OR OTHER REFERENCE THAT DIRECTLY OR INDIRECTLY OR COULD SUGGEST THAT MEAN BlookUp WOULD BE THE EDITOR OF THE BOOKS CREATED USING THE SERVICES. In addition to the obligations any User is subject to and which are listed in the Article 6 (above), you undertake not to publish, submit to printing, or otherwise transmit to the Services, any "Prohibited Content". "Prohibited Content" includes the contents of your book or other Content that: (I) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (II) intimidates, harasses or advocates the persecution, intimidation or harassment of another person; (III) involves the transmission of junk mail (junk mail), chain letters, unsolicited mass mailing or spam (spam); (IV) is false or misleading or promotes or supports illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (V) promotes, reproduces, performs or distributes an illegal or unauthorized copy of a work of another person who is protected by the legislation on copyright or trade secret, (VI) provides sexually explicit or violent material in which persons under the age of 18 are exploited, or request personal information from a person under the age of 18; (VII) provides instructional information about illegal activities, including without limitation, the making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses and other malicious code; (X) violate any applicable laws including without limitation, laws and regulations governing export control, unfair competition, the fight against discrimination and misleading advertising; (XI) involves commercial activities that are detrimental to the interests of BlookUp; or (XII) otherwise violates this Agreement or causes responsibility for BlookUp. BLOOKUP RESERVES THE RIGHT TO REFUSE TO PRINT ANY BOOK THAT CONTAINS CONTENT THAT IT CONSIDERS, IN ITS DISCRETION, BEING THE FORBIDDEN CONTENT.

3. Rules related to the making of books from Facebook Fan Pages, Instagram and Twitter accounts: Books made from Facebook fan pages (official pages of public people, company, brand, etc... for which the user has clicked on the button "Like") or Instagram and Twitter accounts are likely to contain content protected under copyright and / or trademark law.

Before handing the printing of such books to BlookUp, the Author/Blogger must ensure that (I) he/she is the right owner of the account or page and that he/she is the rightful author of the content on which the book is based (specifically in the case of Instagram and Twitter-based books) or (II) that he/she deleted all third-party content of which he/she didn't created, or (III) that he/she is authorized by the original creator(s) of the content to include said contents to the book (photos and tweets).

The Author/Blogger has the right to have such books printed by BlookUp for private use only or to offer to a relative without risk of Copyright or trademark infringement. However, it is reminded to the Author/Blogger that publishing or selling this type of books on the BlookStore is forbidden.

In any case, the Author/Blogger declares and guarantees that he/she disposes of all rights, licenses and authorizations needed to allow BlookUp to use the blook content in order to print it. The Author/Blogger commit him/herself to compensate BlookUp for all third-party action invoking a intellectual property violation, brand rights or any third-party rights. The compensations would be those claimed, as well as any lawyer or justice fees.

8 - Blooks content's ownership and rights granted to BlookUp

The "Content of your book" includes the content that you include in the books in order to submit it to BlookUp for printing services (text, images, photos, works of authorship, and other materials) BLOOKUP HOLDS NO OWNERSHIP OVER THE CONTENTS OF YOUR BOOK AND THE AUTHOR/BLOGGER REMAINS ENTIRELY AND AT ANYTIME THE OWNER OF HIS/HER OWN RIGHTS.

In order to allow BlookUp to provide Services including the publication of a paper book from its Website, you hereby agree to grant BlookUp a non-exclusive, free and worldwide valid licence (extended for the full term of Intellectual Property rights protection as defined in the French Intellectual Property Code) to print, to reproduce and distribute the content, and to make it accessible to the public depending on the status you defined (private or public).

This license covers the following rights:

- The right to reproduce on any paper or digital media by recording on server for public display and by recording on any backup medium including but not limited to CD, DVD, computer hard drive;

- The right of representation when the Member agreed to make its blook public via the BlookStore, which includes the right to disclose and communicate the Content by any means, including: on all multimedia and computer media (iPhone, iPad, Tablet PC, Tablet, Android, universal digital book reader, smartphone or PDA regardless of the operating system, CD, DVD, CDRom, DVDRom, mini-discs, K7...) and more generally on all mobile interactive media (via i-mode, WAP, UMTS, 3G, WiFi, WAN, etc...);

- Secondary exploitation right for promotional purposes when the Member agreed to make its blook public via the BlookStore. This right includes without limitation: the right to edit partial reproductions representing a very small part of the work, such as the order of a few pages in length (front cover, inside pages of the works to quote, advertising in all newspapers, newsletters, fact sheets, conference illustrations...), the right to integrate such partial reproductions in databases for mailing promotional purposes for the exploitation of the work at stake.

BlookUp also reserves the right to insert its logo, which is automatically generated and included in any blook.

9 - Guarantees and indemnities

The Author/Blogger undertakes to ensure that the content posted online and/or published by him/her is original and/or does not infringe tird parties' intellectual property rights.

You represent and warrant that:

  1. You own the rights related to the Content of your book and you have the right to publish it via the Site and to offer it for sale via the Blookshop;
  2. You own the Intellectual Property rights, including copyright related to the Content of your book that you publish or you have the obvious consent of the party who owned such rights to publish the Content of your book on the Site and to offer it to other Users;
  3. The Content of your book does not violate any applicable law or regulation and/or does not infringe the rights of third parties and/or is not otherwise unlawful towards third parties and/or towards BlookUp;
  4. The Content of your book does not violate the right to the protection of privacy, right of publicity, copyright or any other right of any person or entity;
  5. When the content of your book contains comments from third parties, including from other bloggers, you are allowed to publish it in the blook and to make them accessible to the public;
  6. When the Content of your book contains photographs, you have the right or have obtained the authorization of persons to use their image in a private and/or public blook;
  7. You own or otherwise have the right to grant licenses under Article 8 in respect of the Content of your book that you offer and publish via BlookUp;
  8. You warrant BlookUp against all claims from third parties based on the allegation according to which the content of your blook would infringe their rights including intellectual property rights, that it is unlawful or that it infringes third parties' rights including the image right or the right to private life, as well as any claims resulting from your actions in violation of the present TCU.
  9. In other words, you assume full legal responsibility in case of legal proceedings related to the publication of your blook (copyright infringement, defamation, invasion of privacy, etc...) and you undertake to compensate BlookUp for any costs that BlookUp could suffer from in relation to such legal proceedings.

10 - Notification and withdrawal of Prohibited Content

You are the owner of your rights. Blook up respects the rights of others, iuncluding intellectual property rights, we expect that our Authors/Bloggers will do the same.

BlookUp's policy is to terminate any membership privileges of any Member if such Member repeatedly infringes third parties' rights, including copyright, upon immediate notification to BlookUp by the copyright owners or their agents. Without limiting the generality of the foregoing, if you believe that your work has been copied and published via the Services or used in any book in a way that constitutes copyright infringement or that would infringe any other right that you benefit from, please provide BlookUp with the following information:

  1. If you are an individual, your name, profession, address, nationality, date and place of birth; if you are a corporation, your shape, your name, your social office and the body that represents you legally.
  2. A description of the litigious facts and their precise location (e.g. a description of the work protected by copyright which you feel that the rights have been infringed and the location where the service is located reproduction of work infringed);
  3. The reasons why the content should be removed, that includes the statement of the legal provisions and the facts of justifications;
  4. The copy of the correspondence with the author or publisher of the contentious information or activities, requesting their interruption, withdrawal or modification, or justification for what the author or publisher could not be contacted;
  5. A statement from you certifying that the information referred in your notification above is correct.

For questions on reporting illegal activities, please contact us by email using the contact form on the site.

11- Access to the Website

BlookUp strives to implement all necessary means to make the Website accessible to Users and to maintain it this way.

It is specified that BlookUp cannot be held responsible for any problem encountered by the Users to access the Site, whatever the cause and especially when there are interruption of the services in order to perform maintenance or update operations, emergency repairing, or because of circumstances which are beyond the control of BlookUp.

Furthermore, BlookUp may have to interrupt the Website at any time without notice and whithout giving any right to compensation. The User acknowledges and agrees that BlookUp is not responsible for interruptions and the consequences that may result for the User.

BlookUp is not responsible for any interruption of any Internet connexion.

12 - Suppressing access to the User Account

BlookUp keeps the right to suspend and/or delete the account of any User or Member who would fail to comply with the present TCU and/or who would infringe the law, including by disseminating via the Website or through his blook, messages that are contrary to public order or good morals, that are violent, racist, advocating war crimes, abusive or rude, contrary to copyright or related rights, trademark law, image rights, privacy rights or which would violate any applicable laws or regulations.

13 - Limitation of liability

BlookUp will make sure to carefully make any information and data available on the Website and update them, however BlookUp is not bound by an obligation of result regarding he accuracy of information and data provided on the Website.

BlookUp is not responsible for any interruption of the Internet or for improper or illegal use of the credentials of the User.

The liability of BlookUp cannot be held for breach of contract in case of fortuitous events or force majeure as defined by French law.

Consequently, BlookUp can be held liable by the User only in the case of gross negligence duly established against him.

In any event, the responsibility of BlookUp shall not exceed the amount of the corresponding order.

14 - Absence of warranties

Blookup provides no warranties, expressed or implied, and assumes no warranty for the use of the Website or its contents. In no event BlookUp can be held liable under an action for breach of contract, tort or any other legal action, for any direct, indirect, incidental or accessory, or any kind or special or incidental damage resulting from the use of the WebSite or its contents, particularly in terms of profit loss, business interruption or data loss.

Third party content. Content from other Users, advertisers, and other third parties is made available through the Services. BlookUp does not exercise any control on this content, you agree that BlookUp assumes no responsibility for the content including advertising content and information about third parties' services or products. Because BlookUp does not exercise any control on this content, it does not guarantee the accuracy, update, relevance or quality of such content. It does not take responsibility for involuntary content, objectionable, inaccurate, and misleading or illegal that had been made available by others users, advertisers and third parties.

15 - Intellectual Property

BlookUp Content. The Services contain Content owned by BlookUp and its contributors ("BlookUp Content"). You may not reproduce, distribute, publicly perform, display publicly, create derivatives works and otherwise use the BlookUp Content without prior authorization granted by BlookUp.

Without such list being exhaustive, the trademark "blookup" and its derivatives, the logos, the graphic design, the layout, the information, the presentation and the content of the WebSite are protected by the French intellectual property code and by all applicable international norms, are, unless otherwise stated, the exclusive property of BlookUp. Any reproduction, publication, transmission, use or modification of all or part of the Site and/or any of its elements, made without the prior and written authorization of BlookUp would constitute a copyright infringement that may result in civil and/or criminal prosecution.

BlookUp grants the User a revocable, royalty-free, non-assignable and non-exclusive license to use the Website in accordance with the TCU.

Other Content. You hereby grant BlookUp an irrevocable, non-exclusive, royalty free license, to create derivative works, reproduce, distribute and publicly display any Content other than the Content of your book, which you download, publish, send by e-mail, transmit or otherwise make available via the Site.

16 - Hypertext links

The WebSite or the pages of the social networks associated with the Website may contain hypertext links to other Sites from the Internet. By clicking on these links you will leave the Site. The sites where the links lead to are not under the control of BlookUp, who cannot be held liable for the content of these websites, for the links they contain and for the changes or updates that are made on them.

It is possible to create a hyperlink to third parties' websites without the express permission of BlookUp. In no event the creation of a hyperlink on the Website will engage BlookUp's responsibility.

17 - Term and termination

1. Duration. This Agreement shall remain in full force and effect while you use the Services or that you will be a Member. You may delete your account and terminate your membership at any time for any reason whatsoever, following the instructions on the delete account page. BlOOKUP MAY TERMINATE YOUR MEMBERSHIP AT ANY TIME FOR ANY REASON AND TERMINATION WILL BE EFFECTIVE AFTER SENDING AN EMAIL NOTICE TO THE EMAIL ADDRESS CURRENTLY APPEARING IN YOUR ACCOUNT. The termination of the present agreement and your account involves the deletion of your profile information from our actual databases as well as any Content that you have downloaded downloaded/uploaded to such account. BlookUp will not assume any liability whatsoever towards you for any termination of your account or related deletion of your information.

2. Termination.BlookUp reserves the right to take all necessary measures including the removal of a User Account, without giving reasons or prior notice and without formality or indemnity in favor of the User, in cases of a legal binding decision requiring it, force majeure event, breach of the present TCU or in the event of suspected fraud.

Such termination shall take effect without prejudice to any damages that may be claimed in compensation for damages suffered as a result of such breaches.

Upon any termination, the rights and licenses granted to User shall be terminated and the user must stop using the Site. The User shall not be entitled to any compensation.

18 - Terms Modification

BlookUp can revise the present TCU from time to time and such modification will take effect: (1) from publication by BlookUp via the Website for the members who use the Services for the first time after the publication; (2) thirty (30) days after the publication on the Website for the current members. You must stop using the Services if you disagree with the modifications.

19 - Applicable law and jurisdiction

The present TCU are governed by French law. All claims relating to the TCU must be litigated exclusively in French courts.