Terms of Service

1.      Introduction

1.1    These terms and conditions shall govern your use of the “Squad Social” app (“app”) owned and operated by Squad Social Limited (“we”, “us” and “our”). For more information about us, please see Section 25.

1.2    By agreeing to these terms and conditions at the time you register for an account on the app or by otherwise using our app, you agree to these terms and conditions in full. Accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our app. When agreed to by you these terms and conditions will form a binding legal contract between you and us.

1.3    You must be at least 18 years of age to use our app. By using our app or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

2.      Copyright notice

2.1    Copyright (c) 2019 Squad Systems Limited.

2.2    Subject to the express provisions of these terms and conditions:

(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in our app and the material on our app; and

(b)    all the copyright and other intellectual property rights in our app and the material on our app are reserved.

3.      Acceptable use

3.1    You must not:

(a)    use our app in any way or take any action that causes, or may cause, damage to the app or impairment of the performance, availability or accessibility of the app;

(b)    use our app in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    use our app to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)    conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our app without our express written consent;

(e)    access or otherwise interact with our app using any robot, spider or other automated means;

(f)    use data collected from our app for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

3.2    You must not use data collected from our app to contact individuals, companies or other persons or entities except via the app or where such individuals, companies or other persons or entities have expressly consented to you contacting them using such data.

3.3    You must ensure that all the information you supply to us through our app, or in relation to our app, is true, accurate, current, complete and non-misleading.

4.      Registration and accounts

4.1    To be eligible for an account on our app under this Section 4, you must be resident or situated in the United Kingdom.

4.2    You may register for an account with our app by completing and submitting the account registration form on our app, and clicking on the verification link in the email that we will send to you or entering the verification code that we will text to you into our app.

4.3    You may not have more than one active account at a time. If you wish to register a new account you must first delete your existing account.

4.4    You must not allow any other person to use your account to access the app.

4.5    You must notify us in writing immediately if you become aware of any unauthorised use of your account.

4.6    You must not use any other person's account to access the app.

5.      User login details

5.1    If you register for an account with our app, you will be asked for your mobile phone number which you will use to access your account.

5.3    Your account will be verified using a password sent to your mobile phone. You must keep this password confidential and must also keep your mobile phone safe and secure..

5.4    You must notify us in writing immediately if you become aware of any disclosure of your password or that anyone has obtained, or may have obtained, access to your mobile phone or your account without your consent.

5.5    You are responsible for any activity on our app arising out of any failure to keep your password confidential or your phone safe and secure, and may be held liable for any losses arising out of such a failure.

6.      Cancellation and suspension of account

6.1    We may terminate or suspend your account at any time as set out in Section 15.1 and we may, in our absolute discretion, give you the opportunity to comment on any evidence we consider prior to taking any such but we shall not be obliged to do so.

6.2    You may cancel your account on our app using the Account Settings page on the app.

7.      Social networking

7.1    Registered users will have access to such additional features on our app as we may from time to time determine, which may include:

(a)    facilities to complete a detailed personal profile on the app, to publish that profile on the app, and to restrict the publication of that profile to particular groups or individuals registered on the app;

(b)    facilities to create groups, manage groups that you have created, join and leave groups, and share information amongst group members;

(c)    the facility to send private messages via the app to particular groups or individuals registered on the app; and

(d)    the facility to post and publish text and media on the app.

7.2    You acknowledge that we cannot be held responsible for the behaviour of our users, either on or off the app, and we cannot guarantee that any information provided by a user is true, accurate, complete, current and not misleading; and subject to Section 13.1 you will not hold us liable in respect of any loss or damage arising out of any user behaviour or user information.

7.3    You agree to the publication of posts relating to you, by others, on our app; you acknowledge that such posts may be critical or defamatory or otherwise unlawful; and, subject to Section 15.1, you agree that you will not hold us liable in respect of any such posts, irrespective of whether we are aware or ought to have been aware of such posts.

8.      Personal profiles

8.1    All information that you supply as part of a personal profile on the app must be true, accurate, current, complete and non-misleading.

8.2    You must keep your personal profile on our app up to date.

8.3    Personal profile information must also comply with the provisions of Section 3 and Section 10.

9.      Your content: licence

9.1    In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our app for storage or publication on, processing by, or transmission via, our app.

9.2    You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store and publish your content on and in relation to our app and any successor app or website.

9.3    You grant to us the right to sub-license the rights licensed under Section 9.2.

9.4    You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

9.5    You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

9.6    You may edit your content to the extent permitted using the editing functionality made available on our app.

9.7    Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

10.    Your content: rules

10.1  You warrant and represent that your content will comply with these terms and conditions.

10.2  Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3  Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)    be libellous or maliciously false;

(b)    be obscene;

(c)    infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)    infringe any right of confidence, right of privacy or right under data protection legislation;

(e)    constitute negligent advice or contain any negligent statement;

(f)    constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g)    be in contempt of any court, or in breach of any court order;

(h)    be in breach of racial or religious hatred or discrimination legislation;

(i)    be in breach of official secrets legislation;

(j)    be in breach of any contractual obligation owed to any person;

(k)    depict violence in an explicit, graphic or gratuitous manner;

(l)    be pornographic or sexually explicit;

(m)   be untrue, false, inaccurate or misleading;

(n)    consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(o)    constitute spam; or

(p)    be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory.

10.4  Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

10.5  You must not use our app to link to any app or web page consisting of or containing material that would, were it posted on our app, breach the provisions of these terms and conditions.

10.6  You must not submit to our app any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

11.    Report abuse

11.1  If you learn of any unlawful material or activity on our app, or any material or activity that breaches these terms and conditions, please let us know.

11.2  You can let us know about any such material or activity by using the report feature listed against the content or by contacting us via the App.

12.    Limited warranties

12.1  We do not warrant or represent:

(a)    the completeness or accuracy of the information published on our app;

(b)    that the material on the app is up to date; or

(c)    that the app or any service on the app will remain available.

12.2  We reserve the right to discontinue or alter any or all of our app services, and to stop publishing our app, at any time in our sole discretion without notice or explanation. Except as expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any app services, or if we stop publishing the app.

12.3  To the maximum extent permitted by applicable law and subject to Section 13.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our app and the use of our app.

13.    Limitations and exclusions of liability

13.1  Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law.

13.2  The limitations and exclusions of liability set out in this Section 13 and elsewhere in these terms and conditions:

(a)    are subject to Section 13.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

13.3  To the extent that our app and the information and services on our app are provided free of charge, we will not be liable for any loss or damage of any nature.

13.4  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

13.5  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

13.6  We will not be liable to you in respect of any loss or corruption of any data, database or software.

13.7  We will not be liable to you in respect of any special, indirect or consequential loss or damage.

13.8  You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the app or these terms and conditions (this will not, of course, limit or exclude our liability for the acts and omissions of our officers and employees).

14.    Indemnity

14.1  You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our app or any breach by you of any provision of these terms and conditions.

15.    Breaches of these terms and conditions

15.1  Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)    send you one or more formal warnings;

(b)    temporarily suspend your access to our app;

(c)    permanently prohibit you from accessing our app;

(d)    contact any or all of your telecom or internet service providers and request that they block your access to our app;

(e)    commence legal action against you, whether for breach of contract or otherwise; and/or

(f)    suspend or terminate your account on our app.

15.2  Where we suspend or prohibit or block your access to our app or a part of our app, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

16.    Third party apps

16.1  Our app may include links to websites and other apps owned and operated by third parties; such links are not recommendations by us.

16.2  We have no control over third party websites or apps and their contents, and subject to Section 13.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

17.    Trade marks

17.1  “Squad Social”, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

17.2  The third party registered and unregistered trade marks or service marks on our app are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

18.    Competitions etc

18.1  From time to time we may run competitions, free prize draws and/or other promotions on our app.

18.2  Competitions, free prize draws and/or other promotions will be subject to separate terms and conditions (which we will make available to you as appropriate).

19.    Variation

19.1  We may revise these terms and conditions from time to time.

19.2  We will give you notice via the app or by text message or email of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our app from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our app.

19.3  If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the app, and you must stop using the app.

20.    Assignment

20.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

20.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

21.    Severability

21.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

21.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

22.    Third party rights

22.1  A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

22.2  The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

23.    Entire agreement

23.1  Subject to Section 13.1, these terms and conditions, together with our privacy and cookies policies, shall constitute the entire agreement between you and us in relation to your use of our app and shall supersede all previous agreements between you and us in relation to your use of our app.

24.    Law and jurisdiction

24.1  These terms and conditions shall be governed by and construed in accordance with the law of England and Wales.

24.2  Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.

25.    Our details

25.1  This app is owned and operated by Squad Systems Limited.

25.2  We are registered in England and Wales under registration number 11500034, and our registered office is at Flat 4, 111 Gosset Street, London, England, E2 6NP.

25.3  Our principal place of business is at Flat 4, 111 Gosset Street, London, England, E2 6NP.

25.4  You can contact us:

(a)    via the contact us page on the app;

(b)    by email, using support@squad.social;

(c)    by post, to Squad Systems Limited, 111 Gosset Street London E2 6NP.

 

Last revised: 10 January 2019

SQUAD SOCIAL

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©2018 by Squad Systems Ltd