Logbooked Commercial Terms
The Logbooked terms apply to access or use the Logbooked products (or Products), including Logbooked business tools for any business or commercial purpose (except where we state that separate terms (and not these) apply to such access or use of a Logbooked Product). This includes, but is not limited to, buying ads, selling products, developing apps, managing a group or Page for a business.
You agree that you will ensure that any third party on whose behalf you access or use any Logbooked Product for any business or commercial purpose (except, again, where we state that separate terms (and not these) apply to such access or use) is bound by the Terms, these Commercial Terms and any applicable supplemental terms, and you represent and warrant that you have the authority to bind that third party to such terms.
These Commercial Terms require the resolution of most disputes between you and us by binding arbitration on an individual basis; class actions and jury trials are not permitted.
Licences: As described in "The permissions you give us" section in our Terms, you grant us a licence to content that is covered by intellectual property rights (e.g. photos or videos) you share, post or upload on or in connection with our Products. For any access or use of the Logbooked Products for business or commercial purposes, that licence applies to content that you or someone on your behalf (such as your agency that places an ad for you or your service provider that manages your Page content for you) makes available on or in connection with any Logbooked Product.
You also will ensure that you own or have secured all rights necessary to grant the licences and rights that you (or someone on your behalf) grant to us under the Commercial Terms and any applicable supplemental terms, including permission to display, distribute and deliver your content within Logbooked Products.
Compliance with law: You represent and warrant that your access or use of Logbooked Products for business or commercial purposes complies with all applicable laws, rules and regulations. You further represent that you will restrict access to your content and apps in accordance with all applicable laws, rules and regulations, including geo-filtering or age-gating access where required.
In addition to and without limiting the requirements about who can use the Logbooked Products under our Terms, if you are located in a country that is subject to embargo under the laws of the United Kingdom (or under similar laws applicable to you) you may not engage in commercial activities on Logbooked Products unless authorised by applicable laws.
Limits on liability: In addition to and without limiting the scope of the "Limits on liability" section in our Terms, you agree that we are not responsible for the actions, services, content or data of third parties and you release us, our directors, officers, employees and agents from any claims and damages, known or unknown, arising out of or in any way connected with any claim that you have against any such third parties.
Disputes: Indemnification: If anyone brings a claim, cause of action or dispute against us, which is related to your services, actions, content or information on Logbooked or other Logbooked Products or your use of any Logbooked Products, you agree to indemnify and hold us harmless from and against all damages, losses and expenses of any kind (including reasonable legal fees and costs) related to any such claim, cause of action or dispute.
Updates: We may need to update these Commercial Terms from time to time, including to accurately reflect the access or uses of our Products for business or commercial purposes, and so we encourage you to check them regularly for any updates. By continuing any access or use of any Logbooked Products for business or commercial purposes after any notice of an update to these Commercial Terms, you agree to be bound by them. Any updates to the Disputes section of these Commercial Terms will apply only to disputes that arise after notice of the update takes place. If you do not agree to the updated terms, please stop all access or use of our Products for business or commercial purposes.
Conflicts and supplemental terms: If there is a conflict between the Commercial Terms and the Logbooked Terms, the Commercial Terms shall govern with respect to your access and use of the Logbooked Products for business or commercial purposes to the extent of the conflict.
Supplemental terms and policies may also apply to your use of certain Products. To the extent that those supplemental terms conflict with the Commercial Terms, the supplemental terms will govern with respect to your use of those Products to the extent of the conflict. For example:
- If you use Logbooked Platform, you must agree to the Logbooked Platform Policy. By "Platform" we mean a set of APIs, SDKs, plugins, code, specifications, documentation, technology and services (such as content) that enable others, including application developers and website operators, to retrieve data from Logbooked or any other Logbooked Products or provide data to us.
- If you use our self-service advertising creation interfaces for creation, submission and/or delivery of any advertising or other commercial or sponsored activity or content (collectively, the "Self-Serve Ad Interfaces"), you must agree to our Self-Serve Ad Terms.
- Your advertising placed on Logbooked Company Products or our publisher network must comply with our Advertising Policies.
- If you use Logbooked Business Tools, you agree to our Logbooked Business tools terms.
- If you administer a Page, group or event, you agree to our Pages, Groups and Events terms.
- If you use any service that Logbooked makes available for merchants to display, facilitate the sale of and/or sell products to users, you agree to our Logbooked Commerce Product Merchant Agreement.
- If you accept payments for digital goods using the Logbooked Payments service, you agree to our Developer Payment terms.
- If you use Logbooked's Custom Audience feature (or target ads using any audience created from the Custom Audience feature), you agree to our Custom Audience terms.
As with our Commercial Terms, we may make changes to these supplemental terms. By continuing to access or use any Logbooked Products subject to supplemental terms after notice of any update to the supplemental terms, you agree to be bound by them.
- The Logbooked Terms, these Commercial Terms and other applicable supplemental terms make up the entire agreement between the parties regarding access or use of the Logbooked Products for any business or commercial purpose, and supersede any prior agreements.
- If any portion of these Commercial Terms are found to be unenforceable, then (except as otherwise provided) that portion will be severed and the remaining portion will remain in full force and effect.
- If we fail to enforce any of these Commercial Terms, it will not be considered a waiver.
- Any amendment to or waiver of these Commercial Terms must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under these Commercial Terms to anyone else without our consent.
- These Commercial Terms do not confer any third-party beneficiary rights.
- You consent that Logbooked may disclose your advertising content and Page posts ("commercial content") and all information associated with such content that you are advertising, including information associated with the delivery of that content, in response to valid legal processes related to an electoral matter or to a governmental entity or body if Logbooked believes that disclosure would assist in a lawful investigation.
- All of our rights and obligations under these Commercial Terms are freely assignable by us in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise.
- Nothing in these Commercial Terms shall prevent us from complying with the law.
- We reserve all rights not expressly granted to you.