This says that you will abide by our terms and conditions and that we can change the terms and conditions, but we will of course let you know first. If you're cool we'll be cool.
1.1 These Terms & Conditions constitute a legal agreement between you and us, which govern your access to and use of flooved.com and the services available as well as any correspondence, content or materials submitted by you to or via the Service (the "User Content" and as described in paragraph 4.2), collectively referred to in these Terms & Conditions as the "Service". In these Terms & Conditions, "we", "us" and "our" shall be references to Flooved Limited and references to "you" and "your" shall be references to you the user.
1.3 We may, without prior notice, change the Service or any part of it; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service.
1.4 We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms & Conditions at any time. Your continued use of the Service will indicate your agreement to the most current version of the Terms & Conditions posted on the Service at the time of such use.
1.5 From time to time we may supplement these Terms & Conditions with additional terms relevant to specific content, features or events. These additional terms may be placed on the Service to be viewed in connection with the specific content, features or events and shall be identified as such. You understand and agree that any such additional terms are hereby incorporated into these Terms & Conditions. The current version of the Terms & Conditions supersedes any previous versions.
This says we need to know who you are so please don't use a fake names, no I.P. Freely's please or Richard Head's (unless of course that is your real name, your parents certainly had a sense of humour!). You also can't use your profile to make money and please do tell us if you know of anyone else abusing the platform. Lets keep the language clean.
2.1 To view any content and make full use of the Service you must first create a Flooved user account. Registration is free of charge, but charges may apply when using certain features and services available through the Service.
2.2 Users of the Service must provide their real names and information. Registration is restricted to users with an email account authorised by their school, university or other institution recognised by Flooved at our sole discretion.
2.3 By using the Service you agree to comply with the following terms and conditions relating to registering and maintaining the security of your account:
(a) you confirm that you are 18 years of age or more, or that you are 12 years of age or more and that you have received your parent's or guardian's consent to create the account and agree to these Terms & Conditions and you will not use the Service if you under 12 years of age;
(b) you will not provide any false personal information on the Service, or create an account for anyone other than yourself without permission and you will keep your contact information accurate and up-to-date;
(c) you will not create multiple personal profiles;
(d) if we disable your account for any reason, you will not create another one without our permission;
(e) you will not use your personal profile for your own commercial gain (such as selling your User Content to an advertiser);
(f) you will not share your password, or do anything else that might jeopardize the security of your account;
(g) you will not transfer your account (including any page or application you administer) to anyone without first getting our written permission; and
(h) if you select a username for your account or names for your files and folders we reserve the right to remove or reclaim those names if we believe appropriate (such as if we believe such names are offensive or obscene or when a trademark owner complains about a username that does not closely relate to a user's actual name).
2.4 Your account may be terminated without warning if we have any reason to believe that you have violated any of these Terms & Conditions.
2.5 In respect of paragraph 2.3(a) above, we reserve the right to seek any form of verifiable parental consent as we believe appropriate at any time.
2.6 You should notify us immediately by contacting us at firstname.lastname@example.org if you suspect that anyone else knows your login details and/or has logged on as you.
2.7 We may at any time and for any reason refuse to accept a registration from any person.
3.1 It is your inalienable right to Party
3.2 Flooved will always support this right as long as you do
3.3 You agree that the beastie boys are the best band in the world
3.4 You've got to fight, fight for you right to……partyyyyyyyyyyy
This clause is much simpler than it looks: if you upload content, please promise us that it is either your own work or that you have permission to do so. We can also use the content you have uploaded to benefit other students on the platform, together we are better (that was a naff cliché wasn't it).
4.1 If you register to use the Service you will be able to create and contribute to your profile page and upload, post, publish, display, transmit, share or otherwise make available User Content to certain sections of the Service.
4.2 "User Content" means any information, text, image, audio, video or other materials uploaded, posted, published, displayed, transmitted, shared or otherwise made available by users. You retain ownership of all User Content that you submit, post, display, or otherwise make available on the Service.
4.3 By uploading, posting, publishing, displaying, transmitting or sharing User Content on or through the Service you automatically grant us a worldwide, non-exclusive, royalty-free licence (with the right to sublicense) to use, copy, reproduce, communicate to the public, process, adapt, edit, modify, publish, transmit, display and distribute such User Content in any and all media or distribution methods (now known or later developed) including without limitation for the following purposes:
(a) hosting the User Content as part of the Service;
(b) including the User Content in the Service and making it available to other users in accordance with paragraph 5.1;
(c) advertising or promoting the Service; and
(d) otherwise in connection with the provision of the Service or for our business.
4.4 The licence you grant to us is royalty free and we will not be under any obligation to pay you or any other third party appearing in the User Content for using any of the User Content on the Service or for any of the purposes described above.
4.5 Unless we agree otherwise with you, you are free to use your User Content outside of the Service in any way you choose and in turn we shall not distribute or sell any of your User Content outside of the Service, other than in connection with the Service or the promotion of the Service.
4.6 You warrant and undertake that you own the Rights in and to all User Content that you submit to the Service or that you have the owner's express permission or are otherwise entitled to submit the User Content to the Service and to make it available to us and other users of this Service in accordance with these Terms & Conditions. In addition, you warrant and undertake that you have obtained the express consent of any person who appears or whose personal information is included in any of the User Content that you submit to the Service.
4.7 Except as otherwise stated in these Terms & Conditions, you hereby permanently and without any condition or limitation whatsoever waive any moral rights and all other equivalent and neighbouring rights that you may be entitled to under applicable law in relation to your User Content.
4.8 For the purposes of these Terms & Conditions, "Rights" means patents, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), rights in performances, database rights and moral rights, rights subsisting in inventions, designs, drawings and computer programs (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for any of the above rights and the right to apply for any of the above rights anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs.
Basically repeats the last clause, but please don't upload obscene content (nothing you wouldn't show your parents…..some people get offended more easily than others)
5.1 In relation to all User Content, by uploading such User Content you grant to all other users of the Service a worldwide, royalty-free, non-assignable and non-exclusive licence to access such User Content through the Service and to use, copy, share, make available to third parties, display and perform such User Content to the extent that the Service enables any of the following from time to time (but not otherwise) and subject to the restrictions on use of User Content contained in these Terms & Conditions.
5.2 If you violate any of these Terms & Conditions your rights to use User Content under this section will immediately terminate and we may terminate your access to the Service and/or your Flooved account without notice and without refund to you.
5.3 User Content will be viewable by all other users of the Service and within third party services and websites unless or until you select different settings in your user profile to restrict your User Content to yourself or a number of identified users. We strongly recommend that you should only provide User Content that you are comfortable sharing with others under these Terms & Conditions.
5.4 All User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the User Content posted via the Service. Any use of or reliance on any User Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content made available via the Service or broadcast elsewhere.
5.5 You are responsible for your use of the Service, for any User Content you provide, and for any consequences thereof, including the use of your User Content by other users and third parties. You understand that your User Content may be shared and if you do not have the right to submit User Content for such use, it may subject you to liability. We will not be responsible or liable for any use of User Generated Content by us or any other users of the Service in accordance with these Terms & Conditions. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
5.6 We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any User Content as part of the Service.
5.7 We may modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your User Content as are necessary to conform and adapt that User Content to any requirements or limitations of any networks, devices, services or media.
If you connect our service with Facebook or Twitter, we suggest you do, it will make for a much better experience, then we can only store data, which you give us permission to access. Also why not be our friend on Facebook, all your friends will think you are really cool...
7.1 Other than the User Content and Creative Commons Content, the Service is owned by us or our licensors. We do not claim any ownership of any Rights in User Content, but all other Rights in and to the Service and all content and materials contained in the Service, including without limitation any text, photographs, pictures, graphics, diagrams, video, audio, music, software, applications and their compilation and lay out are owned by and shall remain owned by us or our licensors.
7.2 Save as expressly permitted herein, any other use of the Service and any copying, reproduction, modification, distribution, making available, publishing, sale or any other use of any Service for any purpose is not permitted and may be an infringement of our Rights or the Rights of our licensors.
This recaps the earlier clauses and adds that it us up to you to get a computer to access the platform duhh...
8.1 Subject to these Terms & Conditions, we hereby grant you a personal, worldwide, revocable, non-assignable and non-exclusive license to use the Service as it is provided to you by us. You may not otherwise copy (specifically including copying by screen-scraping technologies), reproduce, store, make available or communicate to the public the Service or any part of the Service except as explicitly permitted by these Terms & Conditions.
8.2 We encourage you to contribute User Content and we do our best to keep the Service safe, but we cannot guarantee it.
8.3 You hereby agree to access and use the Service only in accordance with these Terms & Conditions. Your use of the Service is subject to the following:
(a) the Service may only be accessed and used for your personal, non-commercial purposes and then only in accordance with these Terms & Conditions;
(b) unless by our explicit permission as provided in these Terms & Conditions or as notified to you by us as part of the Service, the Paid Content and Free Content may not be modified, copied, altered, distributed, framed, reproduced, republished, downloaded, printed, displayed, posted, transmitted or sold in any form or by any means, in whole or in part nor may derivative works be created from any part of the Service;
(c) you shall not remove any copyright or other proprietary notices contained in any Service;
(d) you shall not circumvent any technology used by Flooved, its licensors or any third party to protect the Service or territorial restrictions to the Service;
(e) you shall not copy, sell, rent, or sublicense the Service to any third party without our written permission, or in the case of any User Content, the express written permission of the owner of the rights in that User Content;
(f) you must not use the Service in an illegal manner or for an illegal purpose;
(g) you must not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce any software contained in the Service to eye-readable form;
(h) you must not share your Flooved account password with someone else to allow them to access the Service;
(i) you must not circumvent, reverse-engineer, modify, disable, or otherwise tamper with any security technology that we use to protect the Service or encourage or help anyone else to do so; or
(j) you must not access the Service other than by means authorised by us;
(k) you agree to take all reasonable care to prevent any unauthorised use of the Service;
(l) you must not upload, post, publish, display, transmit share or otherwise make available any User Content or other files of any kind that we deem to be harmful, threatening, unlawful, confidential, defamatory, offensive, infringing, inflammatory, harassing, obscene, indecent, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose us or other users of the Service to any harm or liability of any type;
(m) you must not upload, post, publish, display, transmit, share or otherwise make available unsolicited or unauthorised advertising, solicitations, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation or bulk communication;
(n) you must not solicit any private information from any third party, including, address, phone numbers, email addresses, national insurance details and payment details;
(o) you must not solicit login information, impersonate others or use or attempt to use another's account, service or system without their authorisation, or create a false identity;
(p) you shall not collect User Content or information, or otherwise access the Service, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
(q) you shall not artificially increase use of or otherwise promote Free Content and/or Paid Content by using a script, automated process or by any other means of manipulation;
(r) you shall not use the Service in any improper or unlawful manner or in breach of any legislation or licence that applies to you or is granted to you by us or any other party;
(s) you shall not intimidate or harass others or disclose personal information about others that could amount to bullying, harassment or intimidation; and
(t) you shall not use software to harvest information from the Service.
8.4 You agree to comply with all reasonable instructions that we may give you from time to time regarding the use of the Service.
8.5 You are responsible for obtaining (at your own cost) all necessary equipment and telecommunications services required to access and use the Service. You are responsible for ensuring that no one uses your equipment to access the Service without your permission. We will be entitled to assume that anyone who accesses the Service using your equipment has your permission to do so and you will be liable for any charges, costs, liabilities or damages that may be incurred by any such person when using the Service.
We link some content to other websites not run by Flooved, we try our best to make sure that these aren't dodgy and they're 99.999999% not but just in case they are, we recommend you have some sort of antivirus software (even if you are not using Flooved we recommend you get some). Also if you see anything offensive let us know please.
10.1 This Service may contain links to third party websites or resources operated by third parties. You acknowledge that we make no warranties or representations whatsoever about any such site which you may access through the Service. Without limiting the previous sentence, these sites are not in any way approved, checked, edited, vetted or endorsed by us and you agree that we shall not be responsible or liable in any way for the content, advertising, products or services available from such sites, their suitability, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality or functionality of any service they provide.
10.2 If you choose to access a site beyond our control, you do so at your own risk. You agree that any use of any such third party site may be subject to your acceptance of additional terms and conditions of a third party. You agree that any transactions, dealings or arrangements that you have with such third party site operator (including without limitation buying any products or services) shall be direct with such third party on the terms and conditions (if any) of the third party and not with us. You hereby agree that we are not liable in any way in relation to such transactions, dealings or arrangements and you hereby waive any claim you might have against us with respect to such sites. Any arrangements made between you and any such third parties are at your sole risk and responsibility.
10.3 From time to time third parties may link to our Service without our express consent or knowledge. We are not responsible in any way for any transactions, dealings or arrangements which you may have with these unauthorised sites or any content which may be displayed or linked to by these third parties. If you do come across any link which is offensive or otherwise unsuitable or inappropriate to us or our users please let us know at this address: email@example.com
If you see any content which you don't think we have the license or the rights to reproduce (this is pretty unlikely, we have a pretty switched on rights team) let us know (there is a link at the bottom right of the homepage “takedown”) and we will remove the offending content ASAP.
11.1 If you become aware that the Service contains any material, including any User Content, which is inaccurate, inappropriate, defamatory, infringing of third party rights, offensive or does not comply with any of the provisions of these Terms & Conditions please contact us at this address: firstname.lastname@example.org.
11.2 Under no circumstances must you make any false claims that any content on the Service, including any User Content, is inaccurate, inappropriate, defamatory, infringing of third party rights, offensive or does not comply with any of the provisions of these Terms & Conditions. Making such false claims, whether deliberately, negligently or recklessly, is a breach of these Terms & Conditions and in some countries may result in you incurring personal liability.
11.3 You acknowledge that we do not actively monitor the content of the Service and that we may delete or remove from the Service immediately without notice any User Content or any other content of whatever nature, for any or no reason, including without limitation, if we believe in our absolute discretion that such content: (i) infringes any right of any third person or is otherwise unlawful; and/or (ii) is offensive, insulting, defamatory, obscene, indecent, objectionable or otherwise inappropriate or which is posted in breach of these Terms & Conditions. Such removal will be without any admission as to liability and without prejudice to our other rights and remedies.
11.4 We reserve the right to disclose to third parties any information about any user, including personal data relating to such user, where we are required to do so by law or by a court or where we reasonably believe that such disclosure is necessary for the purposes of or in connection with legal proceedings brought by such third party against such user or for the purposes of such third party establishing, exercising or protecting its legal rights in relation to such third party. You hereby consent to the disclosure of your information for such purposes.
This basically removes some liability from us, if say for instance your government bans our service (can't see it happening but you never know, we do have lots of science books and hopefully this will wind up a few advocates of Intelligent Design).
12.1 Except as expressly provided in these Terms & Conditions, the Service is provided through it are provided on an "as is" basis without representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise). We do not warrant or make any representations that the Service will meet your requirements nor that your use of the Service will not infringe the rights of any third party nor do we make any warranty or representations regarding the use or the results of the use of any part of the Service in terms of its completeness, accuracy, currency, reliability, or otherwise.
12.2 We are not responsible or liable in any manner for any User Content or any other third party content on the service and we do not control and are not responsible for what users or any other users upload, post, publish, display, transmit, share or otherwise make available on the service nor for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content that any user may encounter on or in connection with any User Content or any other third party content including third party advertising on the service.
12.3 We do not monitor the content of the Service and do not undertake any vetting of information available as part of the Service. Accordingly, we cannot and do not warrant the accuracy, completeness, currency or reliability of the Service.
12.4 We do not guarantee that access to the Service will always be available or that access to the Service will be uninterrupted and we shall not be liable if for any reason the Service is unavailable at any time or for any period. In addition, access to the Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
12.5 We do not warrant that the Service and any function of the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available are free of viruses or other harmful components. We will not be held responsible for the security of the Service or for any disruption of the Service however caused, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
12.6 Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions of limitations regarding the exclusion of implied warranties.
12.7 Nothing in this section or these Terms & Conditions is intended to disclaim or exclude any warranty or liability that cannot be disclaimed or excluded by operation of applicable law.
12.8 no other advice or information whether oral or in writing obtained by you from us shall create any warranty on behalf of Flooved.
If we terminate the platform (God forbid! ) we will give you back your own content, if you ask us. (We'll pretty much do anything for you if you ask us nicely enough and it's not against the law)
13.1 We may remove the Service or any part of it or cease the provision of any of the services available through the Service in our sole discretion for any reason at any time with or without notice. The Free Content and the Paid Content are provided to us by and subject to the terms of our licensing arrangements with our licensors and we do not make any representation as to the availability of such Free Content and the Paid Content from time to time. Should any licensor exercise their rights to remove their content from the Service, Flooved shall use reasonable endeavours to notify you prior to such removal. Removal of any Paid Content is subject to the rights of existing subscribers to access such content for the remainder of and according to the terms of their subscription.
13.2 In the event that you breach or we suspect you have breached these Terms & Conditions, we may suspend your access to the Service until such breach is remedied or, without prejudice to our other rights and remedies, we shall be entitled to terminate your use of and access to the Service immediately without notice and without any refund of any subscription fee paid by you.
13.3 You shall be entitled to terminate your membership of the Service at any time by written notice to us. If you have a subscription for Paid Content, such termination will be effective from the date of expiration of the then current subscription term. No discounts or refunds shall be applicable. Termination of your membership, howsoever caused, shall not affect the accrued rights and liabilities of either you or us as at the time of such termination.
13.4 Upon termination of your access to the Service for any reason, you must destroy all Free Content and Paid Content obtained from this Service and any and all copies there of, whether made under these Terms & Conditions or otherwise.
13.5 Any User Content you have supplied to the Service and licensed to us under these Terms & Conditions shall remain part of the Service unless or until you notify us in writing that you wish such User Content to be removed from the Service.
This basically says that you have to respect the laws of your own country, with regards to Flooved (feel free to do what you like if it's not do with Flooved, we are big advocates of a cheeky bit of civil disobedience, we practiced a lot of it at university... mostly to get girls... it didn't work)
14.1 Nothing in these Terms & Conditions shall exclude or limit our liability for:
(a) death or personal injury caused by our negligence; or
(b) any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you; or
(c) any other liability which cannot be excluded or limited under applicable law.
14.2 Subject to paragraph 14.1 above, you agree that we shall not be liable for:
(a) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind; or (b) any loss of profit or loss of savings or loss or corruption of data (in each case whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of the service; (ii) any failure or delay in the use of any component of the service including, without limitation, any unavailability of the service irrespective of the duration of any period of unavailability; or (iii) any use of or reliance upon the service or any information, material, software, products, services and related graphics obtained through the service, in all cases even if we have been forewarned of the possibility of such loss or damage.
14.3 Without limiting the effect of paragraph 14.2, due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect your computer equipment or any other property when using or browsing the service. The downloading or other acquisition of any part of the service is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such part of the service.
14.4 Laws applicable in your country of residence may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
14.5 In respect of any other liability of any kind that we may have to you arising out of or in connection with the service or your use of the service, our maximum aggregate liability shall be limited to the total amount of the subscription fees paid by you up to the date that such liability is incurred.
14.6 You agree to indemnify, keep indemnified, defend and hold us and our other users and our officers, directors, shareholders, employees, owners, agents, contractors, partners, licensors, information providers and licensors harmless from and against any and all claims, damages, liability, demands, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any of such parties and any claims or legal proceedings which are brought or threatened arising out of or in connection with:
(a) any User Content that you post or share on or through the Service;
(b) your use of the Service other than in accordance with these Terms & Conditions;
(c) your conduct in connection with the Service or services provided or with other users of the Service, any purchases, transactions, dealings or arrangements with any third party made via the Service; or
(d) any violation of these Terms & Conditions or of any law or the rights of any third party.
All these terms and condition (gosh there have been a lot of them, I'm surprised your not half asleep)
15.1 Any failure or delay by us to enforce any of our rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.
15.2 These Terms & Conditions are not intended to be for the benefit of, and shall not be exercisable by, any person who is not a party to these Terms & Conditions under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
15.3 We may assign any part of our rights and obligations under these Terms & Conditions without restriction. You may not assign any part of these Terms & Conditions to any third party.
15.4 If any paragraph or part of a paragraph of these Terms & Conditions is, or becomes, invalid, illegal or unenforceable, then that paragraph or part of a paragraph shall be deemed to be deleted from these Terms & Conditions. Any such deemed deletion shall not affect the validity, legality or enforceability of the remainder of these Terms & Conditions.
15.6 These Terms & Conditions and any and all matters and disputes arising hereunder (including non-contractual disputes or claims) are governed by the laws of England and Wales and the parties irrevocably agree to submit to the exclusive jurisdiction of the English Courts in respect of any suit, action, proceedings or dispute (including non-contractual disputes or claims arising out of or in connection with the negotiation, validity or enforceability of these Terms & Conditions) and/or the legal relationships established by these Terms & Conditions.
If you need this one explained you're either a five year old child (actually quite impressed you got this far) or you are illiterate, nothing wrong with that but Flooved is probably not for you, not yet at any rate.
Lots of Love,
Flooved & the Gang
16.1 The Service is owned and operated by Flooved Limited, a Company incorporated in England (company number: 07674325) with its registered office at 79 Leonard Street, London, EC2A 4QS.