These Bloc Surge Terms and the Policies (listed below) (together the “Terms”) apply to your use of Bloc Surge. They do not apply to your use of any other Bloc product or service. Please read these Terms carefully. If you do not agree to these Terms, you cannot use Bloc Surge. These Bloc Surge Terms are entered into by Thundersnow Ltd (“Bloc”) and the person entering into these Terms electronically (“you” or “your”). If you have integrated your Bloc Ads Manager account with Surge ("Ad Account Integration"), the company that is solely responsible for all Bloc’s payment, financial or tax obligations (the "Payment Contracting Entity") under these Terms may be a different company, which will be the same Payment Contracting Entity as for the Bloc Ads Manager account that you have associated with in the integration, as set out here.
You agree that these Terms govern your access to and use of Bloc Surge (“Bloc Surge”).
You must have reached the age of majority in your jurisdiction of residence to use Bloc Surge.
You understand and agree that the following terms and policies (collectively, the "Policies") also apply to your use of Bloc Surge:
the Bloc Terms of Service (available at https://getonbloc.com/terms-of-use/, which continue to apply to your use of the Platform (as defined below in Section 1) (“Bloc Terms of Service”);
Bloc’s Advertising Policies (available here: )
Bloc's Intellectual Property Policy (available here: https://getonbloc.com/legal/#tab-1763031495541-5-1
Bloc’s Branded Content Policy (available here: https://getonbloc.com/legal/#tab-1762900578328-1-2
Bloc’s Virtual Items Policy (available here: https://getonbloc.com/legal/#tab-1763031765139-9-3; and
all other policies made available by Bloc to you from time to time.
1. Bloc Surge. Bloc Surge allows you to increase the visibility of your User Content (as defined in the Bloc Terms of Service) on the Bloc mobile application (“Platform”) by promoting your User Content as an ad on the Platform. When you use Bloc Surge, Bloc will use tools to place and publish your selected User Content as a ‘promoted’ post with an advertising label on the Platform (“Promoted Content”) for you. Bloc Surge is intended as a business service, to enable Users to expand their brands or profiles or to further other commercial interests. You agree that all payments made pursuant to these Terms shall be for the sole purposes of funding legitimate, bona fide, business activities in accordance with the terms therein. We may cancel any transaction if we believe that the transaction breaches these Terms or other applicable terms with respect to your use of Bloc Surge.
2. Responsibility for Promoted Content. You are solely responsible for the content of Surged Content, including but not limited to the keywords, photographs, videos, sound recordings and the musical works embodied therein and Uniform Resource Locators (URLs), landing pages, product listings and applications that viewers will be redirected to. You are responsible for ensuring that you make all disclosures necessary under applicable law, regulations, and industry codes of practice in connection with your Surged Content; however, Bloc reserves the right to alter or add disclosures to your Surged Content. You agree in advance to any such alteration and disclosure. Bloc and its affiliates may remove or reject your Surged Content at any time.
3. Your Obligations. You will not, and will not authorize any third party to: (i) generate automated, fraudulent or otherwise invalid impressions, inquiries, clicks or conversions on the Platform; (ii) use any means or form of scraping or data extraction to access, query or otherwise collect advertising-related information from any Platform without Bloc’s prior consent; (iii) otherwise attempt to interfere with the functioning of Bloc Surge; or (iv) release any Surged Content on the Platform which violates applicable law, regulations and industry codes of practice. You represent, warrant and covenant that (i) all information and authorizations provided by you are complete, correct and current, and (ii) the Surged Content contains no content prohibited by the Bloc Advertising Guidelines.
4. Ad Serving and Discrepancies. Bloc shall not be liable for any click fraud, technological issues or any other potentially invalid click activity that may affect the impressions, inquiries or clicks on your Surged Content, thereby impacting the reach of your Surged Content. You acknowledge and agree that Bloc needs to conduct testing of, among other things, the Platform and placement of Surged Content thereof, and such testing activities may temporarily impact the serving of your Surged Content or the functioning of the Platform. For the purpose of Bloc Surge, you authorize Bloc and its affiliates and service providers to retrieve and analyze Surged Content, and create test credentials to access the Surged Content, for any purpose. Bloc reserves the right to test when it believes the testing will be beneficial for your performance. Bloc shall not be liable for any such testing downtime, and where such testing downtime is unreasonably excessive, your sole remedy shall be to receive Surge ad credits from Bloc at Bloc’s sole discretion.
5. Pausing your Surged Content campaign. You may not cancel your order for Surged Content (the “Order”) to be placed on Bloc’s platform once you have confirmed the Order. However, you may ask to pause your campaign online through your account once the campaign has been launched. We will use reasonable efforts to effect any such requested pause. If it is not feasible to pause the serving of the Surged Content upon your request (as determined by Bloc in its sole discretion), you remain obligated to pay all charges resulting from the served Surged Content.
6. Transparency Tools. From time to time, Bloc may offer transparency tools to enable users to review, understand, and control their advertising experience on Bloc. You agree that the Surged Content and associated information may be provided within such tools and that users’ choices may impact how they interact with your Surged Content or whether they see your Surged Content.
7. Surge for Others.
7.1 The additional terms in this Section 7 apply if you use “Surge for Others,” a feature of Bloc Surge that enables you to surge the Bloc posts of other Bloc users as a 'promoted' post with an advertising disclosure label on the Platform (“Third Party Surged Content”). You are responsible for any Third Party Surged Content that you choose to surge using Surge for Others as if it were your own Surged Content.
7.2 Your Surge for Others Order will be submitted and payment will be taken by Bloc when you place your Bid (as defined below in Section 8.1). However, the fulfillment of your Surge for Others Order shall be conditional on you obtaining approval (using the tool Bloc provides in the Platform for Third Party Surged Content approvals) from the third party who posted the video originally (“Third Party Approval”).7.3 If the Third Party Approval is not obtained within seven (7) days of your Surge for Others Order or is denied, your Order shall be automatically cancelled by Bloc and your payment deposited to your Surge balance.
8. Bid.
8.1 Bloc Surge operates through a bidding system. When you place an Order, you will submit to Bloc certain information, including but not limited to the amount that you want to spend and the number of days that your Surged Content will exist on the Platform (a "Bid"). Your Bid will be for the available space on the Platform for any Surged Content and/or other advertising. Your Bid will compete with other bids from other users of Bloc Surge and the Platform's other advertising options. If Bloc accepts your Bid, you will receive confirmation from Bloc and Bloc will create your Surged Content as soon as inventory becomes available.
8.2 When making your Surged Content available on the Platform, Bloc shall use its reasonable efforts to show the Surged Content to any audience you specify or to achieve any outcome that you select, but Bloc cannot guarantee in every instance that your Surged Content will reach your intended target or achieve the outcome you select. Bloc does not guarantee the reach or performance that your Surged Content will receive, such as the number of people who will see your Surged Content or the number of clicks your Surged Content will get. Bloc cannot control how clicks are generated on your Surged Content.
8.3 All Bids received through Bloc Surge will be denominated in US dollars. Any bid not made in US dollars (for example, made in Coins, as defined below) will be converted into US dollars. See Section 9 below for more information regarding payments.
9. Surge Payments.
9.1 Terms of Transactions. It is your sole responsibility to understand the details of your transactions on Bloc Surge, including but not limited to the transaction prices. Bloc may, at its sole discretion, provide you with additional payment terms with respect to a specific transaction. You agree that such terms constitute part of these Terms and govern that transaction upon your confirmation.
9.2 Surge Balance.
9.2.1 Payment of the Order is due immediately upon submission of your Bid. If your Bid is rejected or your Order otherwise is not fulfilled, or is fulfilled only in part,
i. if you have not completed Ad Account Integration, any unused funds will be held by us for use with future Orders; and
ii. if you have completed Ad Account Integration, any unused funds will be held in your account balance, which will also be reflected as your balance in Bloc Ads Manager.
9.2.2 We will first apply any available funds in your balance to any future Order, before requiring any additional payment. If you would like a refund of your account balance:
i. If you have not completed Ad Account Integration, then you may seek a refund of your Surge balance at any time unless other limitations apply according to Section 9.2.5; and
ii. If you have completed Ad Account Integration, you can request a refund following the Bloc Ads Manager refund process.
9.2.3 Refunds will be made to the original payment source if available. If not, we may require additional information in order to select another payment method or, at our reasonable discretion, use such payment method as we deem appropriate. Failure timely to provide information that we reasonably deem necessary to permit a refund via an alternative payment method will be deemed cancellation of the refund request.
9.2.4 If you elect to retain your balance with us, you understand that Bloc is not a bank and does not offer banking services; accordingly, your Surge and Bloc Ad Manager Account balances do not earn interest, are not deposit obligations and are not insured by any governmental or private entity or insurance scheme. You also understand that you may forfeit all of the funds in your account balance if we determine, in our reasonable discretion, that you have violated these Terms or the Policies in connection with the Bloc Surge service. In such event, to the maximum extent permitted by applicable law, your account balance will be forfeited to Bloc and will no longer be available to you.
9.2.5 Prepayment
9.2.5.1 If you are based in the US, you may prepay amounts for your use in connection with future Orders.
i. If you have not completed Ad Account Integration, then you may add balance in your Surge dashboard. By utilizing this prepayment feature, your use of Surge will become subject to certain additional rules and limitations:
Your Surge account balance cannot exceed US$2,000, and your cumulative access to any balance in a single day (when a single day begins and ends is determined with reference to the UTC+0 time) cannot exceed US$2,000; and
You will no longer be permitted to obtain a refund of any funds reflected in your Surge account balance unless you cease using Surge.
ii. If you have completed Ad Account Integration, then you may add balance in Bloc Ads Manager and will be subject to the Bloc For Business Ad Services Payment Terms.
9.2.5.2 You acknowledge that any prepaid amounts associated with your Surge balance are only available for use with Bloc Surge and, if you have completed Ad Account Integration, with Bloc Ads Manager. Those funds are not accessible for any other purpose, including payments to third parties, such as creators.
9.2.5.3 You authorize us (and our designated payment processor(s)) to deduct from any prepayment any amounts you owe to us before allocating the remainder of the prepayment (if any) to your Surge balance.
9.3 Taxes and Fees.
9.3.1 The fees incurred in connection with the Surged Content placed through Bloc Surge are calculated based on the applicable billing criteria. Unless agreed otherwise, you will pay all fees incurred (minus any credits or coupons) in connection with Bloc Surge by utilizing the designated payment method as specified and approved by Bloc (as may be modified from time to time). Bloc is not obligated to deliver any Surged Content before receiving payment in full for your Order. Bloc reserves all rights to cease any ongoing campaign or reject any new campaign if your payment is refunded, rejected or otherwise insufficient.
9.3.2 You acknowledge and agree that you shall be solely responsible for bearing, reporting and remitting all sales, use or other taxes and government fees that may be imposed in relation to the amounts and fees paid to Bloc in connection with the Bloc Surge service (other than taxes on Bloc’s income), and you shall indemnify and hold Bloc harmless against and from any claims, levies, charges, penalties, losses, deductions or taxes levied on Bloc on account of your failure to discharge your obligations hereunder. Should Bloc be legally obligated to pay any taxes or charges arising from your payment hereunder, you agree that Bloc (without waiving or limiting any other rights it may possess) may directly deduct from your Surge balance such taxes or charges.
9.4 Payment Methods and Refunds.
9.4.1 Android Users.
9.4.1.1 Payment. You agree to provide a valid payment method when you make a payment on Bloc Surge, and you confirm that you are permitted to use that payment method. You authorize us (and our designated payment processor(s)) to charge the full amount of your purchase or pre-purchase to the payment method that you designate for a specific transaction. You also acknowledge and agree that you are responsible for paying all fees associated with your chosen payment method. You consent to Bloc, our affiliates, agents and payments processors collecting and storing your payment method details, including (if applicable) your payment card details, to facilitate future transactions. You can access truncated details of the payment methods we have on file by visiting your Surge account dashboard.
9.4.2.2 Refunds. Orders are not refundable unless not fulfilled by us, in which case, as set out in and in accordance with Section 9.1.1, you may seek a refund of your Surge Balance.
9.4.2 Apple Users.
9.4.2.1 Payment. If using the Apple platform, payments must be made in “Coins,” as that term is defined in the Virtual Items Policy. Orders are denominated in dollars, and Coins will be used to satisfy Orders in accordance with their purchase price and reflected as dollars in the Surge account dashboard.
9.4.2.2 Coin Refunds. Although denominated in dollars while in the Surge balance, Coin balances in the Surge balance can be withdrawn at any time. Coins will be withdrawn back to the user’s Coin balance (calculated based on their purchase price). Use of Coins is otherwise subject to all of the provisions set out in the Virtual Items Policy and other Policies.
9.5 Receipts. Upon request, Bloc can send receipts (as applicable) to the designated email address that you provide to Bloc. Please ensure that such address is accurate and up-to-date.
9.6 Inaccurate Transactions. Please notify us immediately if you find or believe that an unauthorized or otherwise inaccurate transaction has taken place under your account. You can reach us through the Advertiser Support service accessible via the Question mark icon within your account with Bloc Surge. Please cooperate with us so we can endeavor to prevent potential financial losses.
9.7 Payment technical difficulties. If you experience a technical failure or interruption of service that causes your payment to fail, you may request that your transaction be completed at a later time.
9.8 Rights Reserved by Bloc. In order to prevent financial loss to you or to us, to prevent fraud or other violations of law or to investigate or prevent other suspected wrongdoing (including breaches of these Terms), we may (i) cancel any transaction; (ii) place a delay on a payment for a period of time or limit funding instruments for a transaction, or limit your ability to make a payment, or deactivate your account; and (iii) contact your funding instrument issuer, law enforcement or affected third parties (including other users) and share details of any payments with which you or your account are associated.
10. Disputes.
If you have any dispute with respect to a payment or your use of Bloc Surge, you need to notify Bloc within thirty (30) days after the date of the payment or transaction in question by submitting a ticket in the Bloc Surge app order history interface.
Except to the extent prohibited by applicable law, any dispute after the expiration of that seven (7) day period will be deemed waived. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ALL CLAIMS RELATING TO ANY PAYMENTS, FEES OR CHARGES IN CONNECTION WITH Bloc PROMOTE UNLESS A CLAIM IS MADE IN ACCORDANCE WITH THESE TERMS.
11. Limitation of Liability and Indemnity.
11.1 Neither Bloc nor its affiliates, or their respective officers, directors, employees and agents, may be held liable under these Terms or arising out of or related to the performance of these Terms or otherwise in connection with Bloc Surge for any damages other than direct damages, even if you or we are aware or should know that such other types of damages are possible and even if direct damages do not make a satisfactory remedy.
11.2 You agree that Bloc shall not be responsible for the actions, products, services, content or data of any third parties, including Surged Content (collectively, “Third Party Actions and Content”) and shall release Bloc and its affiliates, and their respective officers, directors, employees, agents, partners, and licensors, from any claims, liabilities, damages, losses, costs, fees (including legal fees), and expenses arising out of or connected to any claim in connection with such Third Party Actions and Content. Unless otherwise stipulated under these Terms, and to the maximum extent permitted by applicable law, Bloc’s and its affiliates; and their respective officers’ , directors’, employees’, agents’, partners’, and licensors’, aggregate liability for any damages under these Terms or arising out of or related to the performance of these Terms or otherwise in connection with Bloc Surge for any given event or series of connected events shall not exceed the lesser of $100.00 USD or the amount you paid to Bloc in the last 6 months before the date of the activity first giving rise to the claim.
11.3 Indemnification. You will defend and indemnify Bloc, its affiliates, and their respective officers, directors, employees, agents, partners, and licensors against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any third-party allegation or legal proceeding to the extent arising out of or related to the Promoted Content, your use of Bloc Surge, or any breach of these Terms by you.
12. Legal Compliance. You agree to comply with all applicable economic sanctions, export control, and anti-boycott laws and regulations of the United States and all other applicable jurisdictions in performing these Terms, including but not limited to the U.S. Department of Commerce Bureau of Industry and Security’s (“BIS”) Export Administration Regulations, the economic sanctions programs administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”). You represent and warrant that neither you nor your parent, subsidiary, affiliate, or associated company is included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated Nationals List and Foreign Sanctions Evaders List administered by OFAC and the Denied Parties List, Unverified List, and Entity List maintained by BIS (collectively, “Restricted Party Lists”), and is not owned or controlled by a restricted party. In performing these Terms, you will not, directly or indirectly, do business with or provide goods or services to any company or individual on the Restricted Party Lists or to any country with which trade is prohibited by OFAC or other applicable sanctions.
13. Changes to Terms. Bloc may modify these Terms from time to time in which case we will update the “Last Updated” date at the top of these Terms. We will also provide notice to your Bloc account if you have an existing Surge balance. You are required affirmatively to accept the then-current Terms each time you place a Bid. The changes to these Terms will not apply retroactively but will apply to any existing Surge balance or pending Bids or Orders.
14. Termination. Bloc may terminate Bloc Surge or your ability to use Bloc Surge at any time in Bloc’s sole discretion. In the latter event, Bloc may continue to permit the completion of any then-pending Bids or Orders at Bloc’s sole discretion.
15. Governing Law. If you are an individual whose usual residence is in the United States or if you are a business whose principal place of business is in the United States, these Terms shall be governed by the laws of the state of California without regard to the conflicts or choice of laws provisions thereof. In all other respects the dispute resolution provisions of the Bloc Terms of Service shall apply.
16. Entire Agreement. These Terms are the parties’ entire agreement relating to their subject matter and supersede any prior or contemporaneous agreements on these subjects.
17. Notices. You agree that we may communicate with you electronically any important information regarding your payments or your account. All notices to you required under these Terms will be in writing and sent to your Bloc account. All notices to Bloc required under these Terms will be in writing and addressed to surgelegal@getonbloc.com. Notice will be treated as duly served upon receipt, as confirmed by written or electronic means except for the legal service of process, which is instead governed by applicable law.
18. Severability. If any provision of these Terms is found unenforceable, such provision will be severed and the rest of these Terms will remain in full force and effect.
19. Assignment. You may not assign any part of these Terms without the prior written consent of Bloc.
20. No Partnership. The parties hereto are independent parties. These Terms do not create any agency, partnership or joint venture among the parties.
21. Survival. Sections 2 and 10 through 24, and such other provisions that by their nature should survive, will survive termination of Bloc Surge or of these Terms.
22. No obligation. Except for payment obligations, no party or its affiliates are liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control.
23. Languages; Conflict. In the event of any conflict or inconsistency between these Terms and any of the Policies, these Terms will prevail (but only to the extent of such a conflict or inconsistency and only in relation to your use and access of Bloc Surge).
24. Third Party Rights. Save as otherwise provided under these Terms, no person or entity who is not a party to these Terms shall have any right to enforce any term of these Terms, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.
