This document (and the other documents it refers to) contains the terms and conditions on which you may use the Shoal App, whether as a guest or a registered user (the “Terms”). The Terms are a legally binding contract between you and Shoal Community LTD. The contract sets out your rights and responsibilities when you use the services provided by Shoal Community LTD, which may include, but is not limited to, our mobile app, web application, website and any other services (collectively, the “Services”) so please read it carefully. You will be deemed to have accepted these Terms when you user the App and/or whenever you use any of our Services.
The App is a mobile application operated by Shoal Community LTD (“Shoal Community LTD”, we, “our” or “us”). We are a limited company registered in Scotland under company number 5274951. Our registered office address is 6 Yardheads, Edinburgh EH6 6BU and our email address is [email protected]
CREATING AN ACCOUNT ON THE APP
You are required to create an account on the App to use the App’s services. Here are a few rules about creating and using accounts with the App.
You must be at least 18 years old to access or use the Services. By registering to use our Services, you represent that you are at least 18 years old.
- The information you provide to us must be accurate. You are not permitted to use false information or impersonate another person or company through your account and doing so is a breach of the Terms.
- You are responsible for your account. You are solely responsible for any activity on your account. If you’re sharing an account with other people, then the person who’s billing information is on the account will ultimately be responsible for all activity. If you register as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business.
- As mentioned above, you are solely responsible for any activity on your account, so it is important to keep your account login details and any device from which you access the Services secure. If accessing the App/Services via a mobile device, we recommend that you do not jailbreak or root the device (this is the process of removing software restrictions and limitations imposed by the official operating system of your device) as doing so could make your device vulnerable to malware, viruses or malicious programmes, compromise your device’s security features and may affect the functionality of the Services.
- These Terms do not create any agency, partnership, joint venture, employment or franchisee relationship between you and Shoal Community LTD.
YOUR USE OF THE APP/SERVICES
We allow access to our App/Services on a temporary basis and we reserve the right to withdraw, restrict or change our Services at any time and without notice. We will not be liable if for any reason the Services are unavailable at any time or if the content is changed or out of date. You must treat as confidential any user identification code, password or other security feature in relation to the App/Services. If, in our opinion, you aren’t complying with the Terms, we have the right to disable any such code, password or feature at any time. It is your responsibility that anyone who accesses the App/Services through your internet connection is aware of these Terms and complies with them. We grant you a limited, non-exclusive, non-transferable and revocable licence to use the App/Services—subject to the Terms and the following restrictions:
- You agree that you will not violate any laws in connection with your visiting the App/ use of the Services. This includes any local, national and international laws that may apply to you.
- You are responsible for paying any fees or subscription payments that you owe to Shoal Community LTD. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through the App/Services.
- You agree not to “crawl,” “scrape,” or “spider” any aspect of the App/Services or to reverse engineer or attempt to obtain the source code of the Services. You shall not misuse the App/Services by knowingly introducing any material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App/Services, the server on which the App is/ any of the Services are stored or any server, computer or database connected to the App/ Services. You must not attack the App/ Services via a denial-of- service attack or a distributed denial-of service attack. By failing to comply with this provision, you would commit a criminal offence and your right to access the App/ use the Services will cease immediately and we will report your actions to the relevant authorities.
- You agree not to interfere with or try to disrupt the App/ Services, for example by distributing a virus or other harmful computer code.
- The name Shoal Community LTD and other marks, phrases, logos and designs that we use in connection with our Services, are trademarks, service marks or trade dress of Shoal Community LTD in the UK and other countries. You require our express written permission to use our trademarks, service marks or trade dress.
- We will provide you with certain legal information in writing. By using our Services, you’re agreeing that we may provide you information electronically (by email, etc.) instead of mailing you paper copies, and that your electronic agreement is equal to your signature on paper.
- We frequently update the site and make changes to it, but we don’t have to do this, and material on the site may be out-of- date. No material on the site is intended to contain advice, and you shouldn’t rely on it. We exclude all legal responsibility and costs for reliance placed on this site by anyone.
INTERACTIONS WITH OTHER MEMBERS
You Have Sole Responsibility When Interacting with Other Members. Our Services provide a platform for members to work together, to share resources and to communicate with one another. Shoal Together LTD is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other member, person or organisation. You are solely responsible for your interactions with other members of our Services. We reserve the right, but have no obligation, to monitor interactions between you and other members of our Services.
- Our services exist as a platform that enable you to work with others and to communicate and interact with like-minded people around the world. We cannot be responsible for the interactions that you have with other Shoal members, so please use good judgment and keep safety in mind when you use our Services.
- We cannot and do not confirm each member’s identity. You are solely responsible for determining the identity and suitability of others with whom you may interact through our Services. Shoal does not represent or warrant whether it is appropriate for you to interact with another member. Further, we do not endorse any persons who use or register for our Services. We do not investigate or verify any member’s reputation, conduct, morality, criminal background, or any information members may submit to the Services. We encourage you to take precautions when interacting with other members, particularly when meeting a stranger in person for the first time.
- Member-Hosted Events. Members may organise in-person meetings and host events for other Shoal members; however, these events are not sponsored or endorsed by Shoal and members attend such meetings and events at their own risk. In addition, Shoal members may sign up to become Shoal Ambassadors and contribute their time to activities that support the Shoal community, such as meeting new members, organizing events and answering questions. Shoal Ambassadors are not agents of Shoal and we are not responsible or liable for any acts or omissions of these members.
- Release. Because our Services are merely a platform, in the event that you have a dispute with one or more members, to the fullest extent permitted by applicable law you release us (and our officers, directors, members, employees, agents and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
INTELLECTUAL PROPERTY RIGHTS
Save as described elsewhere in the Terms, we are the owner or the licensee of all intellectual property rights in the App / the Services and are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the App/Services for commercial purposes without a licence from us or our licensors. You may not reproduce in any format (including on another website or mobile app) any aspect of the App/Services (including content, images, designs, look and feel) without our prior written consent. If, in our opinion, you are in breach of these provisions, your right to use the App/Services will cease immediately and you must either return or destroy (as required by us) any copies of the materials you have made.
Content that you post to the App is your content, and includes (but is not limited to) anything you post using the App such as usernames, profile pictures, photos, descriptions, reviews, comments, videos, etc (“Your Content”). Shoal Community LTD does not make any claim to Your Content. A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it or uploading it to the App.
- Permission to Use Your Content. By posting Your Content to the App/Services, you grant Shoal Community LTD a licence to use it. We do not claim any ownership to Your Content, but we have your permission to use it to help Shoal Community LTD function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote Your Content.
- Rights You Grant to us. By posting Your Content, you grant Shoal Community LTD a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual licence to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the App/Services and to promote Shoal Community LTD or the App/Services in general, in any formats and through any channels, including across any Shoal Community LTD websites or other Services or third-party website or advertising medium. Your Content will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose it to third parties.
- Reporting Unauthorized Content. We take intellectual property rights very seriously, and are committed to following appropriate legal procedures to remove infringing content from the App / the Services. If content that you own or have rights to has been posted to the App/ Services without your permission and you want it removed, please contact us at the email below. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. If any third party claims that any material posted or uploaded by you to the App/Services violates their intellectual property rights, or their right to privacy, we have the right to disclose your identity to them. We’ll notify you if that happens.
- Inappropriate, False or Misleading Content. This should be common sense, but there are certain types of content we do not want posted via the App/Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive. We will not be responsible, or liable to any third party, for Your Content or the accuracy of any materials posted by you or any other user of the App/Services.
By accessing or using the Services, you agree to act responsibly, exercise good judgment and comply with the Community Guidelines. In addition, you agree not to:
- Use the Services in violation of any applicable law or regulation, including promoting or encouraging any illegal activity;
- Infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights;
- Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other members from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
- Use our Services in connection with the distribution of spam (which we define as unsolicited bulk e-mail or any other unsolicited messages of a commercial, religious, romantic, political or other nature not within the intended purposes of the Services);
- Stalk, intimidate, threaten or otherwise harass or cause discomfort to any other member of our Services;
- Collect or store any information about any other member other than as permitted on our Services;
- Use our Services for any commercial purpose whatsoever, unless with prior written consent from Shoal;
- Register for more than one member account;
- Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, whether by providing or omitting to provide information;
- Circumvent or attempt to defeat any security or verification measure relating to use of the Services;
- Hold yourself out as an agent, representative, employee or affiliate of Shoal, including but not limited to when you host an event for other Shoal members or sign up to be a Shoal Ambassador; or
- Assist any third party in doing any of the foregoing.
ACCESSING THE SERVICES
Certain functions of the App/Services, will require an active internet connection. The connection can be Wi-Fi, or provided by a mobile network provider, but Shoal Community LTD cannot take responsibility for the App/Services not working at full functionality if you do not have access to an active internet connection. In using the App/Services, you accept responsibility for any charges incurred for the cost of data for the duration of the connection while accessing the App/Services, or other third party charges, including roaming data charges. If you are not the bill payer for the device on which you’re accessing the App / the Services, please be aware that we assume that you have received permission from the bill payer for using the App/Services.
LIMITATION OF LIABILITY
The App is / Services are provided without any guarantees, conditions or warranties as to their accuracy or functionality. To the extent permitted by law, we 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 site, any websites linked to it and any materials posted on it (whether by us or a third party), including, without limitation to 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.
This does not affect any liability which cannot be excluded or limited under applicable law, including death and personal injury.
RELIANCE ON INFORMATION AND LINKS
Any content made available on the App/Services (including links to other sites, apps and resources provided by third parties) are for information only, and we shall not be liable for any use of, or reliance on, such materials. It shall be your own responsibility to ensure that any products, services or information available through the Services meet your specific requirements.
You may terminate your account with Shoal Community LTD or stop visiting the App at any time by emailing [email protected] Terminating your account will not affect the availability of some of your content and any outstanding payments owed to us will still be payable.
We may terminate or suspend your account (and any related accounts) and your access to the App/Services at any time, for any reason, and without advance notice. If we do so, it is important to understand that you don’t have a contractual legal right to continue to use the App/ our Services. We may refuse access to anyone at any time for any reason.
If you or we terminate your account, you may lose any information associated with your account, including any content created by you.
We reserve the right to change, suspend or discontinue any of the App/Services at anytime, for any reason. We will not be liable to you for the effect that any changes to the App/Services may have on you, including your income or your ability to generate revenue through the App/Services.
The Terms will remain in effect even after your access to the Services is terminated or your use of the App/Services ends.
INDEMNIFICATION (OR WHAT HAPPENS IF YOU GET US SUED)
You agree to indemnify us from any legal claim or demand that arises from your actions, your use (or misuse) of the App/ Services, your breach of the Terms or your account’s infringement of someone else’s rights.
These Terms, including all of the other documents that make up the Terms, supersede any other agreement between you and Shoal Community LTD regarding the App/Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms.
CHANGES TO THE TERMS
We may amend the Terms at any time by amending this page or, if we believe the changes are material, we will let you know by i) notifying you via the App/Services, or ii) sending you an email or messages about the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the App/Services following the changes constitutes your acceptance of the updated Terms.
JURISDICTION AND APPLICABLE LAW
If you have any questions about the Terms, please email us at [email protected]
Last updated: 02/05/2018