Terms & Conditions
Last Updated: 18 January 2024
-
Introduction
Welcome to Bluntlysaid.com! These Terms and Conditions outline the rules and regulations for the use of our website and services. By accessing this website, we assume you accept these terms and conditions in full. Do not continue to use our platform if you do not accept all of the terms and conditions stated on this page.
-
Intellectual Property Rights
Other than the content you own, under these Terms, Bluntlysaid.com and/or its licensors own all the intellectual property rights and materials contained in this website. You are granted a limited license only for purposes of viewing the material.
-
Restrictions
You are specifically restricted from the following:Publishing any website material in any other media without prior written consent.
Selling, sub-licensing, and/or otherwise commercialising any website material.
Publicly performing and/or showing any website material.
Using this website in any way that is, or may be, damaging to this website.
Using this website in any way that impacts user access to this website.
Using this website contrary to applicable laws and regulations.
use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations (spam);
cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a video’s views, likes, or dislikes, or to increase a channel’s subscribers, or otherwise manipulate metrics;
misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
use the Service to: (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, other than those allowed in the Advertising on Bluntlysaid.com policies (such as compliant product placements); or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales (for example, selling ads on a webpage where Bluntlysaid.com videos are the only content of value). -
No Warranties
This website is provided “as is,” with all faults, and Bluntlysaid.com expresses no representations or warranties, of any kind related to this website or the materials contained on this website.
-
Limitation of Liability
In no event shall Bluntlysaid.com, nor any of its officers, directors, and employees, be held liable for anything arising out of or in any way connected with your use of this website whether such liability is under contract, tort, or otherwise.
-
Indemnification
You hereby indemnify to the fullest extent [Bluntlysaid.com] from and against any and/or all liabilities, costs, demands, causes of action, damages, and expenses arising in any way related to your breach of any of the provisions of these terms.
-
Severability
If any provision of these terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
-
Variation of Terms
Bluntlysaid.com is permitted to revise these terms at any time as it sees fit, and by using this website you are expected to review these terms on a regular basis.
-
Assignment
Bluntlysaid.com is allowed to assign, transfer, and subcontract its rights and/or obligations under these terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these terms.
-
Entire Agreement
These terms constitute the entire agreement between Bluntlysaid.com and you in relation to your use of this website and supersede all prior agreements and understandings.
-
Governing Law & Jurisdiction
These terms will be governed by and interpreted in accordance with the laws of South Africa, and you submit to the non-exclusive jurisdiction of the courts located in for the resolution of any disputes.
-
User Responsibilities
[a] Users are responsible for maintaining the confidentiality of their account and password and for restricting access to their computer. Users agree to accept responsibility for all activities that occur under their account or password.
[b] Users agree not to use the service for any illegal or unauthorised purpose and agree to comply with all local, state, national, and international laws. -
Service Modifications and Availability
[a] Bluntlysaid.com reserves the right to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice at any time.[b] Bluntlysaid.com shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the service.
-
Third-Party Links & Content
[a] The Service may contain links to third-party websites or services that are not owned or controlled by [Bluntlysaid.com].
[b] Bluntlysaid.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that [Bluntlysaid.com] shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in relation to the use of or reliance on any such content, goods, or services available on or through any such websites or services.
-
User Feedback and Suggestions
Users may submit feedback, suggestions, or comments (“Feedback”) regarding the Service. You agree that Bluntlysaid.com will be free to use, reproduce, disclose, and otherwise exploit the Feedback without limitation.
-
Permission by Parent or Guardian
If you are under 18, you must have your parent or legal guardian’s permission to use the Service. Please have them read this Agreement with you.
If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service.If you are using the Service on behalf of a company or organisation, you confirm to us that you have authority to act on behalf of that entity, and that entity accepts this Agreement.
-
Content on the Service
The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, Bluntlysaid.com or a third party (collectively, “Content”). Content may be provided to the Service and distributed by our users and Bluntlysaid.com is a provider of hosting services for such Content. Content is the responsibility of the person or entity that provides it to the Service. If you see any Content you believe does not comply with this Agreement, such as by violating the law, you can report it to us.
-
Accounts and Bluntlysaid.com Channels
You can use parts of the Service, such as browsing and searching for Content, without having an account. However, you do need an account to use some features. With an account, you may be able to like videos, subscribe to channels, create your own Bluntlysaid.com channel, and more.(future features)
Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service. -
Permissions and Restrictions
You may access and use the Service as made available to you, as long as you comply with this Agreement and the law. You may view or listen to Content for your personal, non-commercial use.
VideoContent is not stored on Bluntysaid.com servers but are links of channels on YouTube belonging to the content creator. -
Reservation
Any right not expressly granted to you in this Agreement remains the right of Bluntlysaid.com or the respective rights holders. This means, for example, that using the Service does not give you ownership of any intellectual property rights in the Content you access (including any branding used on or displayed in the Service)
-
Develop, Improve and Update the Service
Bluntlysaid.com is constantly changing and improving the Service. As part of this continual evolution, we may make modifications (to all or part of the Service) such as adding or removing features and functionalities, offering new digital content or services or discontinuing old ones.We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. When the Service requires or includes downloadable software, that software may update automatically on your device once a new version or feature is available, subject to your device settings. If we make material changes that negatively impact your use of the Service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.
-
Uploading Content
If you have a Bluntlysaid.com channel/product, you may be able to upload Content to the Service. You may use your Content to promote your business or artistic enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyse your Content to help detect infringement and abuse, such as spam, malware, and illegal content.
-
Rights you Grant
You retain all of your ownership rights in your Content. In short, what belongs to you stays yours. However, we do require you to grant certain rights to Bluntlysaid.com and other users of the Service, as described below.
-
Licence to Bluntlysaid.com
By providing Content to the Service, you grant to Bluntlysaid.com a worldwide, non-exclusive, royalty-free, transferable, sub-licensable licence to use that Content (including to reproduce, distribute, modify, display and perform it) for the purpose of operating, promoting, and improving the Service.
-
Licence to Other Users
You also grant each other user of the Service a worldwide, non-exclusive, royalty-free licence to access your Content through the Service, and to use that Content (including to reproduce, distribute, modify, display, and perform it) only as enabled by a feature of the Service.
-
Duration of Licence
The licences granted by you continue until the Content/product is removed as described below. Once removed, the licences will terminate, except where the operation of the Service, use of Content permitted before your removal, or the law requires otherwise. For example, removal of Content by you does not require Bluntlysaid.com to: (a) recall Content that is being used by other users within any limited offline viewing functionality of the Service; or (b) delete copies we reasonably need to keep for legal purposes.
-
Right to Monetise
You grant to Bluntlysaid.com the right to monetise your Content on the Service (and such monetisation may include displaying ads on or within Content or charging users a fee for access). This Agreement does not entitle you to any payments. The fees payable for content or products will be listed and the percentage you receive will be agreed up front.
-
Removal of Content By Bluntlysaid.com
If we reasonably believe that any of your Content/Product (1) is in breach of this Agreement or (2) may cause harm to Bluntlysaid.com, our users, or third parties, we reserve the right to remove or take down some or all of such Content. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for Bluntlysaid.com or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, Bluntlysaid.com or our Affiliates.
-
Terminations and Suspensions by Bluntlysaid.com
Bluntlysaid.com reserves the right to suspend or terminate your account or your access to all or part of the Service if: (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we reasonably believe that there has been conduct that creates liability or harm to any user, other third party, Bluntlysaid.com or our Affiliates.
-
Other Legal Terms
Disclaimer
By law, consumers have certain rights that cannot be excluded or altered by a contract. Nothing in this Agreement affects those rights you may have as a consumer. Other than as expressly stated in this Agreement or as required by law, Bluntlysaid.com does not make any specific promises about the Service. For example, we don’t make any promises about: the Content provided through the Service; the specific features of the Service, or its accuracy, reliability, availability, or ability to meet your needs; or that any Content you submit will be accessible or stored on the Service.
Limitation of Liability
All users: Nothing in this Agreement is intended to exclude or limit any party’s liability for: death or personal injury; fraud; fraudulent misrepresentation; or any liability that cannot be excluded or limited by law.
To the extent permitted by applicable law, Bluntlysaid.com and its Affiliates will not be responsible for:
losses that were not caused by Bluntlysaid.com or its Affiliates’ breach of this Agreement;
any loss or damage that was not, at the time that this Agreement was formed between you and Bluntlysaid.com, a reasonably foreseeable consequence of Bluntlysaid.com or its Affiliates breaching this Agreement; or
the Content submitted by any user, or for the defamatory, offensive, or illegal conduct of any user.
Business Users only: If you are using the Service for the purpose of your trade, business, craft or profession, (a “Business User”), to the extent permitted by applicable law, the following limitations of liability will also apply:
Bluntlysaid.com and its Affiliates will not be responsible for lost profits, revenues, or data; loss of opportunity or anticipated savings; indirect or consequential losses, or punitive damages (in all cases whether such losses were foreseeable or not); and
Bluntlysaid.com and its Affiliates’ total liability for any claims arising from or relating to the Service is limited to the claim of R3000.
Third-Party Links
The Service may contain links to third-party websites and online services that are not owned or controlled by Bluntlysaid.com. Bluntlysaid.com has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.
-
About this Agreement
Changing this Agreement
We may change this Agreement, for example, to reflect changes to our Service or how we do business – for example, when we add new products or features or remove old ones, (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.
If we materially change this Agreement, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new product or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove any Content you uploaded and stop using the Service.Continuation of this Agreement
If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue in limited cases as described under “Duration of License”.
Severance
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
Assignment
Bluntlysaid.com may transfer all or part of this Agreement to an Affiliate or, if Bluntlysaid.com is sold, to a third party.
No Waiver
If you do not comply with this Agreement and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as the right to take action in the future).