Spraffl Terms of Service

SPRAFFL TERMS OF USE & SERVICE

Spraffl Limited (“Spraffl”, “we”, “us”) owns and operates the website at www.spraffl.com and applications downloaded from our website or from the Apple App Store, or from any other application market directly under our name. The term “services” throughout this document collectively refers to goods or services provided by each of these entities, accessed through any of the above mentioned media.

Spraffl Limited is a company registered in Scotland with company number: SC435768 and having its registered office at: 111 George Street, Edinburgh, EH2 4JN

Any information uploaded, downloaded or appearing on our services, including data, text, graphics, video, messages or other materials is collectively defined as “content”.

By accessing or using the Spraffl Services you agree to be bound by these Terms.  If you don not accept these terms of service, then do not use the spraffl service or any of it’s content.  These terms may be amended from time to time and it is your responsibility to review any changes made during your review.  your use of the Spraffl services will signify your acceptance of any such revised terms.

AN OVERVIEW OF THE SPRAFFL SERVICE…

Spraffl allows registered users to post local statements and comments (“Spraffs”), open for any Spraffl user to view, share, like & dislike or comment on.  All content posted by Spraffl users will be presented without displaying any personal information linked to the users Spraffl account except for the location of the Spraff.  To this extent, Spraffl content is displayed anonymously.

BASIC TERMS

you are completely responsible for your use of the Spraffl services and for any content you choose to post or share.  The content you submit on the spraffl services is open for anyone to view and share across Spraffl and any third party services or networks it is connected to.

Although Spraffl content does not reveal or is publicly attributed to a user’s identity, you are responsible for all the content you post, whether publicly posted or privately transmitted.

Any personal information you choose to disclose on the Spraffl service is done so at your own risk.  Whilst we will not automatically display any of your personal details, you understand by agreeing to use the service, that it may still be possible for other users to work out who your are by the location and content of your posts.

you understand and agree that we may pass on your details to the relevant authorities if we determine at our sole discretion that you have posted content which is contrary to our acceptable use policy.  For the avoidance of doubt the restrictions listed under the Content Standards heading below are (without limitation) contrary to our acceptable use policy.

RESTRICTIONS ON USER CONTENT AND USE OF SERVICE…

Whenever you make use of a feature that allows you to upload material on our services, or to make contact with other users of our service, you must comply with the content standards set out below.  you warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

you acknowledge that Spraffl reserves the right (but not obligation), at our entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.

Spraffl reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.

Spraffl is not responsible for user content, postings, comments, and/or direct or indirect communications. Users are responsible for their own actions.

Spraffl users may be banned or accounts suspended or terminated on all Spraffl services if users use inappropriate language or inappropriate behavior as determined by Spraffl.

Although Spraffl does not and cannot review every message posted by you on its services, we reserve the right to delete, move, or edit messages that we, in our sole discretion, deem abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. Spraffl reserves the right to cancel a user’s account at its sole discretion.

Spraffl also allows it’s users to self-moderate Spraffl content by flagging up any content that is found to be abusive or offensive.  Content that has been flagged up by a set number of users will be removed.  Furthermore, Spraffl will block its services to those users who are responsible for a set number of posts that have been flagged up in this way.

CONTENT STANDARDS

When using the Spraffl services, you agree not to post, distribute, or otherwise make available or transmit any material that Spraffl deems to be: (a) defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking; (b) bigoted, hateful, or racially offensive; (c) vulgar, obscene, or sexually explicit (language, images or videos); or that (d) encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;

When using the Spraffl services, you agree not to Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;

you are forbidden to post content that is libelous, defamatory, obscene, abusive, that violates a third party’s right to privacy, that otherwise violates any applicable local, state, national or international law, or that is otherwise inappropriate.

When using the Spraffl services, you agree not to post content that violates the copyright, trademark, patent, or other intellectual property right of any third party. you must remove the same should you discover that you have violated this provision.

you indemnify Spraffl, its employees, agents, and affiliates from any and all claims and/or damages (including but not limited to reasonable legal fees) resulting from any claim brought by any third party relating to content you have posted;

When using the Spraffl services, you agree not to post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component;

When using the Spraffl services, you agree not to collect or store personal data about other users or viewers;

When using the Spraffl services, you agree not to post commercial material without the express approval of Spraffl, distribute or otherwise publish any material containing any solicitation of funds, advertising, or solicitation for goods or services;

When using the Spraffl services, you agree not to engage in antisocial, disruptive, or destructive acts, including but not limited to “flaming,” “spamming,” “flooding,” “trolling,” and “griefing”;

When using the Spraffl services, you agree not to delete any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;

When using the Spraffl services, you agree not to post, distribute, or otherwise make available or transmit material or make statements that do not generally pertain to the designated topic.

you also agree not to access the website or application in a manner that utilizes the resources of the website or application more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this website or application.

By posting content on our service, you are consenting to its display on the site and for related online and offline promotional uses.

you acknowledge that any submissions you make to Spraffl may be edited, removed, modified, published, transmitted, and displayed by Spraffl and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you.

ACCESS TO THE SERVICES IS AVAILABLE AS-AS

The Spraffl services are provided to you on an “AS IS” and “As Available” basis. you agree that the we reserve the right to modify or discontinue provision of our services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you, We will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

YOUR RIGHTS

By submitting, posting or displaying Content on or through the Spraffl Service, you grant us (and our agents) a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods (now known or later developed). Spraffl will not be responsible or liable for any use of User Content in accordance with these Terms of Use. 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.

you agree that Spraffl has the right to make all your content available to other Spraffl partners (individuals, companies or partner organisations) open for any form of distribution not limited to syndication, broadcast and publication.  We may have to adapt this content in order to distribute it, without any permission required on your part. you will not be compensated for any of this activity.

you represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

CONTENT

Spraffl does not control or actively monitor the Content posted via the Services and, we cannot guarantee the accuracy, integrity or quality of such content.

Any use or reliance on any Content or materials posted on or via the Services, or obtained by you through the Services is at your own risk and you may be exposed to materials that are offensive, indecent or objectionable.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. Under no circumstances will Spraffl be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Spraffl Service.

Reliance on information posted

Commentary and other materials posted on our services are not intended to amount to advice on which reliance should be placed.  We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

REGISTRATION AND PASSWORDS

you are responsible for maintaining the confidentiality of any user details and passwords. you will be responsible for all usage of your user account and/or user name, whether authorised or not authorised by you. you agree to immediately notify us of any unauthorised use of your user account, user name or password.

THIRD-PARTY SERVICES

Goods and services of third parties may be advertised and/or may be made available on or through this web site. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. We will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

AVAILABILITY & UPDATES

Spraffl may alter, suspend, or discontinue any part of its Service at any time and for any reason or no reason, without notice. The service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. We may periodically add or update the information and materials on any part of the service without notice.

FEEDBACK

If you provide Spraffl with any suggestions, comments or other feedback relating to any aspect of service, we may use such feedback for the Spraffl Service. Accordingly, you agree that:

  • Spraffl is not subject to any confidentiality obligations in respect to the Feedback
  • The Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to Spraffl
  • Spraffl (including all of its successors and assigns and any successors and may freely use, reproduce, publicise, license, distribute, and otherwise commercialise Feedback in any Spraffl products or services.
  • you are not entitled to receive any compensation or re-imbursement of any kind from Spraffl or any of the other users of the services in respect of the Feedback.

INDEMNIFICATION

You agree to indemnify and hold harmless Spraffl and it’s representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with the service, your provision of content, your violation of these Terms of use, or any other violation by you of the rights of another person or party.

OUR LIABILITY

The material displayed on our services is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our services, any websites linked to them and any materials posted on them, including, without limitation any liability for:
  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time; and
  • for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. 

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our privacy policy (please refer to our Privacy Policy page).  By using our site, application and services, you consent to such processing and you warrant that all data provided by you is accurate. 

VIRUSES, HACKING AND OTHER OFFENCES

you must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. you must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. you must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses 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 material posted on it, or on any website linked to it.

LINKING TO OUR SITE

you may link to our services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

you must not establish a link from any website that is not owned by you.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of material on our site other than that set out above, please address your request to info@spraffl.com

LINKS FROM OUR SITE

Where our service contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

JURISDICTION AND APPLICABLE LAW

The English courts will have [non]-exclusive jurisdiction over any claim arising from, or related to, a visit to our site [although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country].

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

VARIATIONS

We may revise these terms of use at any time by amending this page. you are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

YOUR CONCERNS

If you have any concerns about material which appears on our site, please contact info@spraffl.com

Thank you for visiting our site and application.