By using our services, you are agreeing to all the terms below.
SMOOV Studios Limited (“we” or “us”), offer a variety of products and services on our Site, ,including any products, services, and content provided in collaboration with our partners (collectively, the “Services”).
YOUR CHOICE TO MAINTAIN AN ACCOUNT, ACCESS OR USE THE SERVICES (REGARDLESS OF WHETHER YOU CREATE AN ACCOUNT WITH US) CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED INTO THESE TERMS. IF YOU DISAGREE WITH ANY PART OF THESE TERMS, THEN YOU SHOULD NOT USE OUR SERVICES.
Please note that by accessing or using our Services, your Personal Data (as that term is defined in the Privacy Policy and User-Generated Content (defined below) that you share with one part of the Service may also be shared among the entirety of our Site and Services.
Please feel free to contact us (see ‘Contact Us’ section at paragraph 14 below) if you have any questions or suggestions.
1. Use of the Services and Your Account
1.1 Who can use our Service
Our Service is not intended for use by persons under 18 years old and you must be at least 18 to create an account with us or to purchase products or services from us.
1.2 Your Account
You may need to register for an account with us to access or use certain Services or make any purchases. Your account may also automatically provide you access and means to use any new Services.
When you create an account for any of our Services, you must provide us with accurate and complete information as prompted by the account creation and registration process, and keep that information up to date. Otherwise, some of our Services may not operate correctly, or we may not be able to provide you with products or contact you with important notices.
You are responsible for maintaining the confidentiality of any and all actions that take place while using your account, and must notify us right away of any actual or suspected loss, theft, or unauthorised use of your account.
You have the right to delete your account with us by contacting us. If you choose to permanently delete your account, the non-public Personal Data that we have associated with your account will be kept only in accordance with our Privacy Policy .
1.3 Service Updates, Changes and Limitations
Our Services are constantly evolving. With the launch of new products, services, and features, we need the flexibility to make changes, impose limits, and occasionally suspend or terminate certain Services. We may also update our Services, which might not work properly if you don’t install the updates.
The Services may change, and their form and functionality may change without prior notice to you.
We may provide updates (including automatic updates) for certain Services as and when we see fit. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Certain portions of our Services may not properly operate if you do not install all Updates. You acknowledge and agree that the Service may not work properly if you do not allow such Updates and you expressly consent to automatic Updates. Further, you agree that the Terms (and any additional modifications of the same) will apply to any and all Updates to the Services. We may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content. In addition, we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of any Service. We may also impose limits on certain Services or restrict your access to part or all of the Services without notice or liability.
1.4 Service Monitoring and Suspension
We reserve the right to refuse to provide the Services to anyone, and can monitor, terminate or suspend your account or access to the Services at any time.
We may deactivate, terminate or suspend your account or access to certain Services at any time. We will endeavour to notify you by email or the next time you attempt to access your account after any such deactivation, termination or suspension.
1.5 Security
Please let us know right away if you believe your account has been hacked or compromised.
We care about the security of our users. While we work hard to protect the security of your Personal Data, User-Generated Content, and account, we cannot guarantee that unauthorised third parties will not be able to undermine our security measures. Please notify us immediately of any actual or suspected breach or unauthorised access or use of your account.
2. Ownership and Use of Content
2.1 Definitions
Content is what shows up on your display when you use our Services. User-Generated Content is any Content that is created by you or other users, and our Content is all other Content.
For the purposes of these Terms, (i) “Content” means any form of information, data or creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, tools, text, ideas, communications, replies, “likes,” comments, software, scripts, executable files, graphics, maps, routes, geo-data, biometric data interactive features, designs, copyrights, trademarks, service marks, branding, logos, and other similar assets, patents, sounds, applications and any intellectual property therein, any of which may be generated, provided, or otherwise made accessible on or through the Services; (ii) “User-Generated Content” means any Content that a user submits, transfers, or otherwise provides to or through the use of the Services; and (iii) “our Content” means all Content that is not User-Generated Content.
2.2 Ownership
You own the Content that you create, and we own the Content that we create.
All of our Content and all copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the Services belong to us and/or our partners or applicable third parties. Each user retains ownership, responsibility for, and/or other applicable rights in the User-Generated Content that he/she creates, but grants a licence of that User Generated Content to us as explained in paragraph 2.5 below. We and our partners or third parties retain ownership, responsibility for and/or other applicable rights in all our Content. Except as expressly provided in the Terms, nothing grants you a right or licence to use any of our Content, including any content owned or controlled by any of our partners or other third parties. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Services unless specifically authorised in writing by us.
2.3 Our Licence to You
You are welcome to access and use our Content and Services including downloading any downloadable Content as intended. This includes not using any of our Content or Services for commercial purposes without our permission.
Subject to your compliance with these Terms, we grant you a limited, revocable, personal, non-transferable, and non-exclusive right and licence to access and use the Services and our Content for your own purposes, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, transfer or otherwise commercially exploit any right in our Content or Services.
2.4 Acceptable Usage Guidelines
2.4.1 Our Content.
Except as expressly permitted by applicable law or authorised by us, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, the Services’ software, or any of our Content offered as part of the Services (other than User-Generated Content), in whole or in part. You shall not download, copy, or save our Content, except (i) as expressly permitted by the functionality of certain Services or solely for personal use or your records.
2.4.2 Commercial Usage of the Services.
The Services, are intended only for your own use. You shall not use the Services to sell a product or service, increase traffic to your own website or a third-party website for commercial reasons (such as advertising sales), or otherwise undertake any endeavour aimed at deriving revenue. If you seek to make commercial use of the Services you must enter into an agreement with us to do so in advance.
2.4.3 Linking to the Services.
If you would like to link to our Services on your website or application, please follow these rules: (i) any link to the Services must be a text only link clearly marked “Loft Studios Limited” (without the use of any other trademark, logo copyright or any other intellectual property asset owned or controlled by us) or in some other format directed by us, (ii) the appearance, position and other aspects of the link may not damage or dilute the goodwill associated with our marks; the appearance, position and other attributes of the link may not create the false appearance that your organisation or entity is sponsored by, affiliated with, or associated with us. We reserve the right to revoke our consent to the link at any time and in our sole discretion, and upon our notification to you of such revocation of consent, you agree to promptly remove the relevant link.
2.5 Your Licence to Us
When you post Content in connection with the Services, it belongs to you – however, you are giving us permission to use that Content in connection with our Services and make the Content available to others. We can edit or remove your Content from our Services at any time for any reason. Don’t post any content that is not yours or that you do not have permission to post.
When you provide User-Generated Content to us through the Services, you grant us and our users a non-exclusive, irrevocable, royalty-free, freely transferable worldwide right and licence to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, sub-licence, transmit, modify, adapt (including, without limitation, in order to conform to the requirements of any networks, devices, services, or media through which the Services are available), commercialise, create derivative works of, and otherwise exploit such User-Generated Content in connection with any and all Services. You acknowledge and agree that: (a) we have the right to arrange the posting of User-Generated Content in any way we desire; (b) we have no obligation to provide you with any credit when using your User-Generated Content, but if we choose to provide you with credit, the size and placement of the credit is at our sole discretion; and (c) you are not entitled to any compensation or other payment from us in connection with the use of your User-Generated Content.
The rights you grant in this licence are for the limited purposes of allowing us to operate and allow other users to use the Services in accordance with their functionality, improve the Services, and develop new Services. Notwithstanding the above, we will not make use of any of your User-Generated Content in a manner that is inconsistent with the privacy settings you establish within our Services. For information on managing your privacy settings for the Services, see our Privacy Policy.
We reserve the right to monitor, remove or modify User-Generated Content for any reason and at any time, including User-Generated Content we believe violates these Terms and/or our policies.
You agree you will respect the intellectual property rights of others. You represent and warrant you have all the necessary rights to grant us the foregoing licence for all User-Generated Content you submit in connection with the Services and will indemnify us for any breach of this representation and warranty.
2.6 Third party personal information
If you share someone else’s personal information with us, you must first get their permission.
You represent and warrant that you are authorised to provide any third-party contact information that you provide to us and will indemnify us for any breach of this representation and warranty.
2.7 Content Retention
Please keep in mind that when you make something publicly available on the Internet, it becomes practically impossible to take down all copies of it in the future.
Following termination of your account, or if you remove any User-Generated Content from the Services, we may retain your User-Generated Content for a commercially reasonable period of time for backup, archival, or audit purposes, or as otherwise required or permitted by law. Furthermore, we and our users may retain and continue to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute any of your User-Generated Content that otherwise has been stored or shared through the Services. Accordingly, note that the above licence to your User-Generated Content continues even if you stop using the Services. When you post something publicly, others may choose to comment on it, making your Content part of a social conversation. For more information, please review our Privacy Policy.
3. Interactive Features
3.1 Our Services may contain interactive features.
When you post content through these features that content may become public. We may, but may not always, monitor our interactive features, and ultimately you are responsible for your interactions with other users.
Some of our Services may or may in the future include reviews, discussion forums, conversation pages, blogs or other interactive areas or social features that allow you and other users to post User-Generated Content and interact with one another. You are solely responsible for your use of the Interactive Areas and for any User-Generated Content you post, including the transmission, accuracy and completeness of the User-Generated Content. As the Interactive Areas are often public, you understand your User-Generated Content may be made and remain public. You should, accordingly, never post any Personal Data in an Interactive Area.
We are entitled, but have no obligation, to monitor our interactive features. You are solely responsible for your interactions with other users, whether online or in person. We assume no responsibility or liability for any loss or damage resulting from any interaction with other users who employ the Services, individuals you meet through the Services, or individuals who find you because of Content posted on, by or through the Services. We are under no obligation to become involved in and we disclaim all liability related to any disputes between our users and you release us from all responsibility and liability arising out of or in connection with such dispute.
3.2 Interactive Guidelines
Our Services are intended to be a safe and supportive environment. You cannot use our services to post inappropriate material, harass people, send spam, violate intellectual property rights, or act inappropriately.
To maintain a safe and positive environment, we require everyone to agree to and follow certain rules (the “Interactive Guidelines”) when posting User-Generated Content and using the Services. Our Interactive Guidelines are based in many instances on principles of applicable law. Violations of these Guidelines accordingly may expose you to criminal charges and civil liability. By using the Services you agree that your User-Generated Content and use of the Services, including without limitation the Interactive Areas, will not violate these Guidelines and if we believe, at our sole discretion that you have violated the Interactive Guidelines, we reserve the right to terminate your access to the Services.
If we determine you are violating the Interactive Guidelines or otherwise have breached the Terms, we may take actions to address the issue, including, but not limited to, terminating your right to use the Services, removing your User-Generated Content, taking legal action against you (in which case you agree that we may recover reasonable costs and legal fees) or disclosing information to law enforcement authorities. We reserve the right to enforce, or not enforce, these Interactive Guidelines in our sole discretion, and they don’t create a duty or contractual obligation for us to act in any particular manner.
3.3 Reporting Objectionable User-Generated Content
People do post inappropriate content on user-generated content sites. We do our best to keep our users safe and secure but you still might run into bad content before we have a chance to take it down. If you spot anything objectionable, please let us know.
While we require all of our users to comply with the Interactive Guidelines and reserve the right to monitor for violations, we ultimately cannot guarantee all users will comply with the Interactive Guidelines or these Terms at all times. If you believe any Content submitted to our Services violates the Guidelines, or if you know or suspect someone is misusing your User-Generated Content, please report it to us. We have the right, but not the obligation, to review and take action or remove any User-Generated Content you report. You understand and acknowledge that when you access or otherwise use the Services, you may be exposed to User-Generated Content from a variety of sources, and we are not responsible for the accuracy, usefulness, safety, legality, appropriateness, or intellectual property rights of or relating to such User-Generated Content.
We are not responsible or liable for any injury or harm to you resulting from objectionable User-Generated Content or another user’s failure to comply with our Guidelines.
4. Intellectual Property
We respect intellectual property laws. If anything is wrong, please send an email with all the details to [email protected]
If you believe User-Generated Content or our Content infringes copyright or trademark under UK or EU law, please notify us immediately using the contact information provided herein. It is our policy to investigate any allegations of infringement brought to our attention. Please provide us with the following information in your notice:
Our Services may link to, interact with or be available on third-party services or products such as social media and third-party devices. If you access such third-party services or products, be aware that different terms and privacy policies apply to your usage of such services.
5.1 Social Networking and Logins
You may enable or log in to the Services via various online third-party services, such as social media and social networking services like Google, Facebook or Twitter (“Social Networking Services”). To take advantage of these features and capabilities, we may ask you to authenticate, register for, or log into Social Networking Services on the websites of their respective providers. As part of this integration, the Social Networking Services will provide us with access to certain information you have provided to them, and we will use, store, and disclose such information in accordance with our Privacy Policy. Please remember the way Third Party Services (including Social Networking Services) use, store, and disclose your information is governed solely by the policies of those Third Party Services, and we have no liability or responsibility for the privacy practices or other actions of any third-party website or service that may be enabled within the Services. In addition, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Social Networking Services. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Social Networking Services.
5.2 Third-Party Applications
You may be able to access certain third-party links, applications, content, services, promotions, special offers, or other events or activities (“Third-Party Applications”) via our Services. If you choose to access these Third-Party Applications, you may be requested to log-in and sync your accounts with such applications. You are in no way obligated to use any Third-Party Applications, your access and use of such applications is entirely at your own risk, and we have no associated liability. In addition, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available by any Third-Party Applications. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third-Party Applications.
5.3 Third Party Products
Our Services may be accessed on third-party devices or other products (“Third Party Products”), and your ability to use certain features of the Services may require you to purchase Third-Party Products. While we may recommend, promote, or market the products of certain partners, we have no responsibility for your acquisition or use of any Third-Party Products, and we do not guarantee that Third-Party Products will function with the Services or will be error-free. We hereby disclaim liability for all Third-Party Products, including any Third-Party Products offered by our partners.
5.4 Third-Party Services, Activities, and Events
Our Services may include the ability to discover, access or participate in certain services, activities, or events (“Third-Party Activities”). By way of example and not limitation, you can use our Site to access information about and register for third party opportunities. Third-Party Activities are offered and provided by Third Parties. Your attendance at and participation in Third-Party Activities is solely at your own risk. We will not be liable for any act, error or omission of any Third Party, including, without limitation, any which arises out of or is any way connected with a user’s attendance, use of or participation in any Third-Party Activities initially discovered, booked or registered for via the Services, or the performance or non-performance of any Third Party in connection with the Services. We are not unless we have otherwise expressly stated, an agent of any provider of Third-Party Activities.
6. Mobile Services
While we strive to make our applications available on many platforms, we can’t guarantee that our applications are compatible with your device (though please let us know if you have a question or problem; we want to help). If you use our applications, your standard data and messaging rates will apply, and the rules of the app store from which you are downloading will also apply.
6.1 Wireless Carrier and Device Considerations
To use or access our applications, you will need a compatible device. We cannot guarantee the applications will be compatible with, or available on, your device. We do not charge for use of some basic applications; however, you may need to pay fees to use certain premium applications or features. Further, your phone company’s normal messaging, data, and other rates and fees will still apply.
6.2 Text and Mobile Messaging Express Consents
By downloading or using our applications, you expressly agree we may communicate with you regarding transactions you have initiated on the Services or respond to your communications to us through the Services by SMS, MMS, text message, or other electronic means directed to your device and that certain information about your usage of the applications may be communicated to us automatically form your device. We will not send you direct messages of a marketing nature without your prior express written consent and you can opt out of receiving any marketing messages from us at any time.
6.3 Mobile Application Licence
We hereby grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use our applications downloaded directly from a legitimate marketplace, solely in object code format and solely for your personal use for lawful purposes. With respect to any open source or third-party code that may be incorporated in the applications, such open source code is covered by the applicable open source or third-party license EULA, if any, authorising use of such code.
7. Disclaimer Regarding Accuracy and Reliance on Content
We make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any Content available through the Services, and we make no commitment to update such Content.
In addition, User-Generated Content, including advice, statements, or other information, is not produced by us, and should not be relied on without independent verification. User-Generated Content, whether publicly posted or privately transmitted, is the sole responsibility of the user from whom such User-Generated Content originated. All information is provided “as is” without any representation, warranty or condition as to its accuracy or reliability.
8. Updates to these Terms
We reserve the right to modify these Terms by (i) posting revised Terms on and/or through the Services, and/or (ii) providing advance notice to you of material changes to the Terms, generally via email where practicable, and otherwise through the Services (such as through a notification on our home page or in our applications). Modifications will not apply retroactively unless required by law.
We may sometimes ask you to review and to explicitly agree to or reject a revised version of the Terms. In such cases, modifications will be effective at the time of your agreement to the modified version of the Terms. If you do not agree at that time, you are not permitted to use the Services. In cases where we do not ask for your explicit agreement to a modified version of the Terms, the modified version of the Terms will become effective as of the date specified in the Terms. Your choice to maintain an account, access or use the Services (regardless of whether you create an account with us) following that date constitutes your acceptance of the terms and conditions of the Terms as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Services.
10. No Warranties
EXCEPT WHERE PROHIBITED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” BASIS. Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, we make no warranty regarding the quality, accuracy, timeliness, completeness, availability, or reliability of any of the Services or any Content. To the maximum extent permitted by applicable law, we do not warrant that (i) the Services will meet your requirements, (ii) the operation of the Services will be uninterrupted, virus- or error-free or free from other harmful elements or (iii) errors will be corrected. Any oral or written advice provided by our agents or us does not and will not create any warranty. To the maximum extent permitted by applicable law, we also make no representations or warranties of any kind with respect to Content. User-Generated Content, in particular, is provided by and is solely the responsibility of the users providing that Content. No advice or information, whether oral or written, obtained from other users or through the Services, will create any warranty not expressly made herein. You therefore expressly acknowledge and agree that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
12. Limitation of Liability
We cannot promise that our Services will be perfect. We’re not liable for various things that could go wrong as a result of your use of the Services.
Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
To the maximum extent permitted by applicable law, our total liability for any claim under these Terms, including for any implied warranties, is limited to the amount you paid us to use/purchase the applicable Service(s)/ products in the past twelve months.
13. Law
These Terms shall be governed by and construed in accordance with the laws of the United Kingdom.
14. Contact Us
If you have any feedback, questions or comments about the Services, please contact us as follows: by email to [email protected], by post to SMOOV Studios 188 Park Avenue, London, NW10 7XH
Please be sure to include in any email or postal mail your full name, email address, postal address, and any message.
© 2018 Waldo Studio
SMOOV Studios Limited (“we” or “us”), offer a variety of products and services on our Site, ,including any products, services, and content provided in collaboration with our partners (collectively, the “Services”).
YOUR CHOICE TO MAINTAIN AN ACCOUNT, ACCESS OR USE THE SERVICES (REGARDLESS OF WHETHER YOU CREATE AN ACCOUNT WITH US) CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED INTO THESE TERMS. IF YOU DISAGREE WITH ANY PART OF THESE TERMS, THEN YOU SHOULD NOT USE OUR SERVICES.
Please note that by accessing or using our Services, your Personal Data (as that term is defined in the Privacy Policy and User-Generated Content (defined below) that you share with one part of the Service may also be shared among the entirety of our Site and Services.
Please feel free to contact us (see ‘Contact Us’ section at paragraph 14 below) if you have any questions or suggestions.
1. Use of the Services and Your Account
1.1 Who can use our Service
Our Service is not intended for use by persons under 18 years old and you must be at least 18 to create an account with us or to purchase products or services from us.
1.2 Your Account
You may need to register for an account with us to access or use certain Services or make any purchases. Your account may also automatically provide you access and means to use any new Services.
When you create an account for any of our Services, you must provide us with accurate and complete information as prompted by the account creation and registration process, and keep that information up to date. Otherwise, some of our Services may not operate correctly, or we may not be able to provide you with products or contact you with important notices.
You are responsible for maintaining the confidentiality of any and all actions that take place while using your account, and must notify us right away of any actual or suspected loss, theft, or unauthorised use of your account.
You have the right to delete your account with us by contacting us. If you choose to permanently delete your account, the non-public Personal Data that we have associated with your account will be kept only in accordance with our Privacy Policy .
1.3 Service Updates, Changes and Limitations
Our Services are constantly evolving. With the launch of new products, services, and features, we need the flexibility to make changes, impose limits, and occasionally suspend or terminate certain Services. We may also update our Services, which might not work properly if you don’t install the updates.
The Services may change, and their form and functionality may change without prior notice to you.
We may provide updates (including automatic updates) for certain Services as and when we see fit. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Certain portions of our Services may not properly operate if you do not install all Updates. You acknowledge and agree that the Service may not work properly if you do not allow such Updates and you expressly consent to automatic Updates. Further, you agree that the Terms (and any additional modifications of the same) will apply to any and all Updates to the Services. We may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content. In addition, we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of any Service. We may also impose limits on certain Services or restrict your access to part or all of the Services without notice or liability.
1.4 Service Monitoring and Suspension
We reserve the right to refuse to provide the Services to anyone, and can monitor, terminate or suspend your account or access to the Services at any time.
We may deactivate, terminate or suspend your account or access to certain Services at any time. We will endeavour to notify you by email or the next time you attempt to access your account after any such deactivation, termination or suspension.
1.5 Security
Please let us know right away if you believe your account has been hacked or compromised.
We care about the security of our users. While we work hard to protect the security of your Personal Data, User-Generated Content, and account, we cannot guarantee that unauthorised third parties will not be able to undermine our security measures. Please notify us immediately of any actual or suspected breach or unauthorised access or use of your account.
2. Ownership and Use of Content
2.1 Definitions
Content is what shows up on your display when you use our Services. User-Generated Content is any Content that is created by you or other users, and our Content is all other Content.
For the purposes of these Terms, (i) “Content” means any form of information, data or creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, tools, text, ideas, communications, replies, “likes,” comments, software, scripts, executable files, graphics, maps, routes, geo-data, biometric data interactive features, designs, copyrights, trademarks, service marks, branding, logos, and other similar assets, patents, sounds, applications and any intellectual property therein, any of which may be generated, provided, or otherwise made accessible on or through the Services; (ii) “User-Generated Content” means any Content that a user submits, transfers, or otherwise provides to or through the use of the Services; and (iii) “our Content” means all Content that is not User-Generated Content.
2.2 Ownership
You own the Content that you create, and we own the Content that we create.
All of our Content and all copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the Services belong to us and/or our partners or applicable third parties. Each user retains ownership, responsibility for, and/or other applicable rights in the User-Generated Content that he/she creates, but grants a licence of that User Generated Content to us as explained in paragraph 2.5 below. We and our partners or third parties retain ownership, responsibility for and/or other applicable rights in all our Content. Except as expressly provided in the Terms, nothing grants you a right or licence to use any of our Content, including any content owned or controlled by any of our partners or other third parties. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Services unless specifically authorised in writing by us.
2.3 Our Licence to You
You are welcome to access and use our Content and Services including downloading any downloadable Content as intended. This includes not using any of our Content or Services for commercial purposes without our permission.
Subject to your compliance with these Terms, we grant you a limited, revocable, personal, non-transferable, and non-exclusive right and licence to access and use the Services and our Content for your own purposes, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, transfer or otherwise commercially exploit any right in our Content or Services.
2.4 Acceptable Usage Guidelines
2.4.1 Our Content.
Except as expressly permitted by applicable law or authorised by us, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, the Services’ software, or any of our Content offered as part of the Services (other than User-Generated Content), in whole or in part. You shall not download, copy, or save our Content, except (i) as expressly permitted by the functionality of certain Services or solely for personal use or your records.
2.4.2 Commercial Usage of the Services.
The Services, are intended only for your own use. You shall not use the Services to sell a product or service, increase traffic to your own website or a third-party website for commercial reasons (such as advertising sales), or otherwise undertake any endeavour aimed at deriving revenue. If you seek to make commercial use of the Services you must enter into an agreement with us to do so in advance.
2.4.3 Linking to the Services.
If you would like to link to our Services on your website or application, please follow these rules: (i) any link to the Services must be a text only link clearly marked “Loft Studios Limited” (without the use of any other trademark, logo copyright or any other intellectual property asset owned or controlled by us) or in some other format directed by us, (ii) the appearance, position and other aspects of the link may not damage or dilute the goodwill associated with our marks; the appearance, position and other attributes of the link may not create the false appearance that your organisation or entity is sponsored by, affiliated with, or associated with us. We reserve the right to revoke our consent to the link at any time and in our sole discretion, and upon our notification to you of such revocation of consent, you agree to promptly remove the relevant link.
2.5 Your Licence to Us
When you post Content in connection with the Services, it belongs to you – however, you are giving us permission to use that Content in connection with our Services and make the Content available to others. We can edit or remove your Content from our Services at any time for any reason. Don’t post any content that is not yours or that you do not have permission to post.
When you provide User-Generated Content to us through the Services, you grant us and our users a non-exclusive, irrevocable, royalty-free, freely transferable worldwide right and licence to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, sub-licence, transmit, modify, adapt (including, without limitation, in order to conform to the requirements of any networks, devices, services, or media through which the Services are available), commercialise, create derivative works of, and otherwise exploit such User-Generated Content in connection with any and all Services. You acknowledge and agree that: (a) we have the right to arrange the posting of User-Generated Content in any way we desire; (b) we have no obligation to provide you with any credit when using your User-Generated Content, but if we choose to provide you with credit, the size and placement of the credit is at our sole discretion; and (c) you are not entitled to any compensation or other payment from us in connection with the use of your User-Generated Content.
The rights you grant in this licence are for the limited purposes of allowing us to operate and allow other users to use the Services in accordance with their functionality, improve the Services, and develop new Services. Notwithstanding the above, we will not make use of any of your User-Generated Content in a manner that is inconsistent with the privacy settings you establish within our Services. For information on managing your privacy settings for the Services, see our Privacy Policy.
We reserve the right to monitor, remove or modify User-Generated Content for any reason and at any time, including User-Generated Content we believe violates these Terms and/or our policies.
You agree you will respect the intellectual property rights of others. You represent and warrant you have all the necessary rights to grant us the foregoing licence for all User-Generated Content you submit in connection with the Services and will indemnify us for any breach of this representation and warranty.
2.6 Third party personal information
If you share someone else’s personal information with us, you must first get their permission.
You represent and warrant that you are authorised to provide any third-party contact information that you provide to us and will indemnify us for any breach of this representation and warranty.
2.7 Content Retention
Please keep in mind that when you make something publicly available on the Internet, it becomes practically impossible to take down all copies of it in the future.
Following termination of your account, or if you remove any User-Generated Content from the Services, we may retain your User-Generated Content for a commercially reasonable period of time for backup, archival, or audit purposes, or as otherwise required or permitted by law. Furthermore, we and our users may retain and continue to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute any of your User-Generated Content that otherwise has been stored or shared through the Services. Accordingly, note that the above licence to your User-Generated Content continues even if you stop using the Services. When you post something publicly, others may choose to comment on it, making your Content part of a social conversation. For more information, please review our Privacy Policy.
3. Interactive Features
3.1 Our Services may contain interactive features.
When you post content through these features that content may become public. We may, but may not always, monitor our interactive features, and ultimately you are responsible for your interactions with other users.
Some of our Services may or may in the future include reviews, discussion forums, conversation pages, blogs or other interactive areas or social features that allow you and other users to post User-Generated Content and interact with one another. You are solely responsible for your use of the Interactive Areas and for any User-Generated Content you post, including the transmission, accuracy and completeness of the User-Generated Content. As the Interactive Areas are often public, you understand your User-Generated Content may be made and remain public. You should, accordingly, never post any Personal Data in an Interactive Area.
We are entitled, but have no obligation, to monitor our interactive features. You are solely responsible for your interactions with other users, whether online or in person. We assume no responsibility or liability for any loss or damage resulting from any interaction with other users who employ the Services, individuals you meet through the Services, or individuals who find you because of Content posted on, by or through the Services. We are under no obligation to become involved in and we disclaim all liability related to any disputes between our users and you release us from all responsibility and liability arising out of or in connection with such dispute.
3.2 Interactive Guidelines
Our Services are intended to be a safe and supportive environment. You cannot use our services to post inappropriate material, harass people, send spam, violate intellectual property rights, or act inappropriately.
To maintain a safe and positive environment, we require everyone to agree to and follow certain rules (the “Interactive Guidelines”) when posting User-Generated Content and using the Services. Our Interactive Guidelines are based in many instances on principles of applicable law. Violations of these Guidelines accordingly may expose you to criminal charges and civil liability. By using the Services you agree that your User-Generated Content and use of the Services, including without limitation the Interactive Areas, will not violate these Guidelines and if we believe, at our sole discretion that you have violated the Interactive Guidelines, we reserve the right to terminate your access to the Services.
- No Inappropriate Content. Don’t post Content that is stalking, threatening, hurtful, harassing, abusive, or embarrassing to other members of the community. No derogatory references to sex, gender, age, disability, ethnicity, religion, or sexual orientation, or endorsement of violence against any person or group, even if couched in humour, will be permitted. This includes expressing stereotypes about any group or community. Don’t post Content that is defamatory, obscene, pornographic, offensive, hateful, inflammatory, or that promotes sexually explicit material. You can respectfully disagree with a message, post or topic, but please do not attack other users by mocking or insulting them. If you are attacked by another user, and you reciprocate, you may also be subject to the same consequences.
- No Harm to Minors. Don’t use the Services in a way that harms minors (or anyone).
- No Disruptions, Exploits, or Resource Abuse. Do not interfere with or damage operation
of the Services, including through unauthorised use, disruption, automated attacks, exploitation, or abuse of our resources - No Sending Spam and Junk Mail. Don’t spam people via posts, replies, or messages.
- No Illegal Content. Don’t advocate, promote, or assist any fraudulent, dangerous or illegal act (e.g., violence, impersonation and computer misuse).
- No Soliciting Personal Data. Please don’t post or solicit Personal Data regarding or from any third party, including photographs, telephone numbers, street addresses, last names, email addresses and passwords in the Interactive Areas.
- No Public Posting of Private Conversations. Don’t publicly post an email or private message from any other user, moderator or administrator.
- No Breach of Legal Duty. Don’t post Content in breach of any contractual or other legal duty owed to a third party.
- No Deceptive or Fraudulent Links. Don’t post deceptive or fraudulent links. This includes links with misleading descriptions, putting the wrong “source” field in a post, setting misleading click-through links on images, or embedding links to interstitial or pop-up ads.
- No Intellectual Property Infringement. If you aren’t allowed to use someone else’s proprietary work or likeness (either by licence or by legal exceptions and limitations such as fair use), please don’t post it. In particular, if you have any reason to believe User-Generated Content you see on our Services is infringing your intellectual property or the intellectual property of others, please see the Intellectual Property section of our Terms.
If we determine you are violating the Interactive Guidelines or otherwise have breached the Terms, we may take actions to address the issue, including, but not limited to, terminating your right to use the Services, removing your User-Generated Content, taking legal action against you (in which case you agree that we may recover reasonable costs and legal fees) or disclosing information to law enforcement authorities. We reserve the right to enforce, or not enforce, these Interactive Guidelines in our sole discretion, and they don’t create a duty or contractual obligation for us to act in any particular manner.
3.3 Reporting Objectionable User-Generated Content
People do post inappropriate content on user-generated content sites. We do our best to keep our users safe and secure but you still might run into bad content before we have a chance to take it down. If you spot anything objectionable, please let us know.
While we require all of our users to comply with the Interactive Guidelines and reserve the right to monitor for violations, we ultimately cannot guarantee all users will comply with the Interactive Guidelines or these Terms at all times. If you believe any Content submitted to our Services violates the Guidelines, or if you know or suspect someone is misusing your User-Generated Content, please report it to us. We have the right, but not the obligation, to review and take action or remove any User-Generated Content you report. You understand and acknowledge that when you access or otherwise use the Services, you may be exposed to User-Generated Content from a variety of sources, and we are not responsible for the accuracy, usefulness, safety, legality, appropriateness, or intellectual property rights of or relating to such User-Generated Content.
We are not responsible or liable for any injury or harm to you resulting from objectionable User-Generated Content or another user’s failure to comply with our Guidelines.
4. Intellectual Property
We respect intellectual property laws. If anything is wrong, please send an email with all the details to [email protected]
If you believe User-Generated Content or our Content infringes copyright or trademark under UK or EU law, please notify us immediately using the contact information provided herein. It is our policy to investigate any allegations of infringement brought to our attention. Please provide us with the following information in your notice:
- Identification of the material being infringed.
- Identification of the material that is claimed to be infringing, including its location
- Your Contact information including name, address, telephone number, and email address.
- Your notice must be signed (physically or electronically).
Our Services may link to, interact with or be available on third-party services or products such as social media and third-party devices. If you access such third-party services or products, be aware that different terms and privacy policies apply to your usage of such services.
5.1 Social Networking and Logins
You may enable or log in to the Services via various online third-party services, such as social media and social networking services like Google, Facebook or Twitter (“Social Networking Services”). To take advantage of these features and capabilities, we may ask you to authenticate, register for, or log into Social Networking Services on the websites of their respective providers. As part of this integration, the Social Networking Services will provide us with access to certain information you have provided to them, and we will use, store, and disclose such information in accordance with our Privacy Policy. Please remember the way Third Party Services (including Social Networking Services) use, store, and disclose your information is governed solely by the policies of those Third Party Services, and we have no liability or responsibility for the privacy practices or other actions of any third-party website or service that may be enabled within the Services. In addition, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Social Networking Services. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Social Networking Services.
5.2 Third-Party Applications
You may be able to access certain third-party links, applications, content, services, promotions, special offers, or other events or activities (“Third-Party Applications”) via our Services. If you choose to access these Third-Party Applications, you may be requested to log-in and sync your accounts with such applications. You are in no way obligated to use any Third-Party Applications, your access and use of such applications is entirely at your own risk, and we have no associated liability. In addition, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available by any Third-Party Applications. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third-Party Applications.
5.3 Third Party Products
Our Services may be accessed on third-party devices or other products (“Third Party Products”), and your ability to use certain features of the Services may require you to purchase Third-Party Products. While we may recommend, promote, or market the products of certain partners, we have no responsibility for your acquisition or use of any Third-Party Products, and we do not guarantee that Third-Party Products will function with the Services or will be error-free. We hereby disclaim liability for all Third-Party Products, including any Third-Party Products offered by our partners.
5.4 Third-Party Services, Activities, and Events
Our Services may include the ability to discover, access or participate in certain services, activities, or events (“Third-Party Activities”). By way of example and not limitation, you can use our Site to access information about and register for third party opportunities. Third-Party Activities are offered and provided by Third Parties. Your attendance at and participation in Third-Party Activities is solely at your own risk. We will not be liable for any act, error or omission of any Third Party, including, without limitation, any which arises out of or is any way connected with a user’s attendance, use of or participation in any Third-Party Activities initially discovered, booked or registered for via the Services, or the performance or non-performance of any Third Party in connection with the Services. We are not unless we have otherwise expressly stated, an agent of any provider of Third-Party Activities.
6. Mobile Services
While we strive to make our applications available on many platforms, we can’t guarantee that our applications are compatible with your device (though please let us know if you have a question or problem; we want to help). If you use our applications, your standard data and messaging rates will apply, and the rules of the app store from which you are downloading will also apply.
6.1 Wireless Carrier and Device Considerations
To use or access our applications, you will need a compatible device. We cannot guarantee the applications will be compatible with, or available on, your device. We do not charge for use of some basic applications; however, you may need to pay fees to use certain premium applications or features. Further, your phone company’s normal messaging, data, and other rates and fees will still apply.
6.2 Text and Mobile Messaging Express Consents
By downloading or using our applications, you expressly agree we may communicate with you regarding transactions you have initiated on the Services or respond to your communications to us through the Services by SMS, MMS, text message, or other electronic means directed to your device and that certain information about your usage of the applications may be communicated to us automatically form your device. We will not send you direct messages of a marketing nature without your prior express written consent and you can opt out of receiving any marketing messages from us at any time.
6.3 Mobile Application Licence
We hereby grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use our applications downloaded directly from a legitimate marketplace, solely in object code format and solely for your personal use for lawful purposes. With respect to any open source or third-party code that may be incorporated in the applications, such open source code is covered by the applicable open source or third-party license EULA, if any, authorising use of such code.
7. Disclaimer Regarding Accuracy and Reliance on Content
We make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any Content available through the Services, and we make no commitment to update such Content.
In addition, User-Generated Content, including advice, statements, or other information, is not produced by us, and should not be relied on without independent verification. User-Generated Content, whether publicly posted or privately transmitted, is the sole responsibility of the user from whom such User-Generated Content originated. All information is provided “as is” without any representation, warranty or condition as to its accuracy or reliability.
8. Updates to these Terms
We reserve the right to modify these Terms by (i) posting revised Terms on and/or through the Services, and/or (ii) providing advance notice to you of material changes to the Terms, generally via email where practicable, and otherwise through the Services (such as through a notification on our home page or in our applications). Modifications will not apply retroactively unless required by law.
We may sometimes ask you to review and to explicitly agree to or reject a revised version of the Terms. In such cases, modifications will be effective at the time of your agreement to the modified version of the Terms. If you do not agree at that time, you are not permitted to use the Services. In cases where we do not ask for your explicit agreement to a modified version of the Terms, the modified version of the Terms will become effective as of the date specified in the Terms. Your choice to maintain an account, access or use the Services (regardless of whether you create an account with us) following that date constitutes your acceptance of the terms and conditions of the Terms as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Services.
10. No Warranties
EXCEPT WHERE PROHIBITED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” BASIS. Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, we make no warranty regarding the quality, accuracy, timeliness, completeness, availability, or reliability of any of the Services or any Content. To the maximum extent permitted by applicable law, we do not warrant that (i) the Services will meet your requirements, (ii) the operation of the Services will be uninterrupted, virus- or error-free or free from other harmful elements or (iii) errors will be corrected. Any oral or written advice provided by our agents or us does not and will not create any warranty. To the maximum extent permitted by applicable law, we also make no representations or warranties of any kind with respect to Content. User-Generated Content, in particular, is provided by and is solely the responsibility of the users providing that Content. No advice or information, whether oral or written, obtained from other users or through the Services, will create any warranty not expressly made herein. You therefore expressly acknowledge and agree that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
12. Limitation of Liability
We cannot promise that our Services will be perfect. We’re not liable for various things that could go wrong as a result of your use of the Services.
Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
To the maximum extent permitted by applicable law, our total liability for any claim under these Terms, including for any implied warranties, is limited to the amount you paid us to use/purchase the applicable Service(s)/ products in the past twelve months.
13. Law
These Terms shall be governed by and construed in accordance with the laws of the United Kingdom.
14. Contact Us
If you have any feedback, questions or comments about the Services, please contact us as follows: by email to [email protected], by post to SMOOV Studios 188 Park Avenue, London, NW10 7XH
Please be sure to include in any email or postal mail your full name, email address, postal address, and any message.
© 2018 Waldo Studio