Terms & Conditions

EFFECTIVE DATE OF TERMS OF SERVICE: FEBRUARY 10, 2017

 

Introduction

These Terms of Use apply between Flo-culture Ltd (company number 07906848) of Studio 0.05, Northern Design Centre, Baltic Business Quarter, Gateshead, NE8 3DF (we or us) and all visitors, users and others who access our application (you, or Users), and sets out the terms between you and us under which you may access use our services (Service or Services).

Your use of our Services is governed by these Terms of Use which contain important details, including what you and we can do with content comprised in the Services; how you can limit rights to use content you choose to submit, limits on our liability and responsibility, and how to make a complaint. By uploading content, you register as a “Registered User” and confirm your agreement to adhere to the Terms of Use set out below.

 

Accessing Our Service And Your Content

Access to our Services is permitted on a temporary basis, and we reserve the right to withdraw or amend any or all of the Services without notice at any time. We will not be liable if, for any reason, our Services are unavailable at any time or for any period.

 

Reliance on Information

Commentary and other materials posted via our Services are not intended to amount to advice, and views and opinions are solely those of Made with Narrative users. We will not have any liability arising from any reliance placed on such materials by any visitor to or user of our Services, or by anyone who may be informed of any of its contents. Please check with an expert before seeking any reliance on any such content.

 

Acceptable Use

  1. We want all Users to be able to enjoy using our Services. You agree not to cause interference or impairment with, or damage or disruption to:
    1. our App, any website we may operate or other Services;
    2. any equipment or network on which our Services are stored or through which they are provided;
    3. any software used in the provision of our Services; or
    4. any equipment or network or software owned or used by any third party.

     

  2. You also agree not to:
    1. use the Services in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity, including for the purpose of harming or attempting to harm minors in any way;
    2. use the Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of, or is linked to, any spyware, adware, computer virus, Trojan horse, worm, keystroke logger, rootkit, time-bomb or other malicious or technologically harmful material;
    3. transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
    4. attempt to gain unauthorised access to our Services, the server on which our Services are stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service attack or a distributed denial-of-service attack;
    5. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Services without our express written consent; or
    6. use our Services for any purposes related to marketing without our express written consent.

 

Text Content

    1. What it is: Text-based creative content (Text Content).
    2. How it’s licensed: By sharing your Text Content through our Services, you agree to allow us to license your Text Content under the Creative Commons Attribution-ShareAlike 3.0 Unported Licence, otherwise known as the “CC BY-SA 3.0 Licence”.

 

Media Content

    1. What it is: Media content in the form of photographs, audio files and other recorded documents (Media Content).
    2. Your media content belongs at all times to you, Flo-culture Ltd will be entitled to use it as in accordance with these terms.
    3. How Flo-culture can use it:  Flo-culture Ltd do not claim any ownership of Media Content you contribute to Flo-culture. When you contribute Media Content, you do however grant us a royalty-free and non-exclusive licence to use your Media Content as set out below. This licence is separate and different from your chosen Media Content licence outlined above, which applies to other users’ use of your Media Content. On contributing any Media Content, you agree that we can:
        1. use your Media Content in connection with the provision of the Services. These services may change from time to time, so you should check back regularly to see which new services have been added. If you decide to, you can always remove your Media Content;
        2. use your Media Content in press releases, promotional materials and in blog and online coverage in relation to our Services, either directly or through our partners;
        3. amend, copy or delete your Media Content, in the course of doing so and at our discretion, pursuant to any complaints in relation to such Media Content; and
        4. communicate your Media Content to the public and otherwise make it available through the Services including, without limitation, the publication of your Media Content:
              (a) as part of downloadable PDF packs and other materials for schools and non-commercial sites;
              (b) via Flo-culture social networking pages and tools; and
              (c) at exhibitions in any form.

       

    4. We will not commercially exploit your Media Content for profit or use it for any purpose unconnected with marketing communications or delivery of the Services without first obtaining your consent. To the extent that when Media Content is used, we will always credit it to the contributor.

 

Media Content Licences

    1. As outlined above, when you contribute Media Content via or to our Services, the following conditions will govern the use of such Media Content:
      1. Copyright protected: You do not give others a licence to use your Media Content, other than for the purposes of viewing the content via the Services. You may state your ownership of such copyright-protected content on the Services. Others may not, without limitation, copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way your copyrighted content, save as set out here. Users may have also have rights to use your Media Content in ways permitted under relevant copyright laws (for example, fair dealing for research and private study or criticism, review and news reporting or educational activities).
      2. Regardless of licence, you retain the right to remove any content which you have submitted from our Services at any time. By doing so, any rights Flo-culture hold will no longer apply (where such content has already been produced in physical packs, materials or posters, your content will no longer be used in future publications, though we will have the right to continue to use any existing materials in production or previously in circulation).

 

  1. Although we reserve our rights to do so, we do not monitor Contributed Content and therefore, since it is not ours and we do not check or verify it, we will not be responsible or liable for the content or accuracy of any Contributed Content.
  2. You understand that by using the Services, you may be exposed to content that is inaccurate or that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
  3. Contributed Content submitted must
    1. be accurate (where it states facts).
    2. be genuinely held (where it states opinions); and
    3. comply with applicable law in the UK and in any country from which they are posted. Not be unlawful in any way.

     

  4. You must not submit any Contributed Content through the Services that:
    1. is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint;
    2. contains any material which is defamatory of any person;
    3. contains any material which is obscene, offensive, hateful or inflammatory;
    4. promotes or contain sexually explicit material;
    5. promotes or contains violence;
    6. promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
    7. infringes any copyright, database right, trade mark or other intellectual property right of any other person;
    8. is likely to deceive any person;
    9. is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
    10. promotes any illegal activity;
    11. is threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
    12. is likely to harass, upset, embarrass alarm or annoy any other person;
    13. is used to impersonate any person, or to misrepresent your identity or affiliation with any person;
    14. gives the impression that it emanates from us, if this is not the case; or
    15. advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.

     

  5. Flo-culture operates a copyright policy in relation to any user submissions which are alleged to infringe the copyright of a third party. Details of that process and contact details for any content-related complaints can be found below.
  6. As part of Flo-culture copyright policy, Flo-culture may terminate user access to the Services if a user uses content in a manner which is not permitted.
  7. We reserve the right to remove or modify any material submitted via our Services, or stored on our servers, or hosted or published on our Website.

 

Restrictions on use of Flo-culture content

    1. Your use of our Services grants no rights to you in relation to our (or our licensors’) intellectual property rights including, without limitation, copyright, trademarks, logos, graphics, photographs, animations, videos and text, (Our Content).
    2. You may not, without limitation, copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way Our Content or the computer codes of elements comprising our Services other than for your own, non-commercial use. However, you may download insubstantial excerpts of Our Content to your hard disk for the purpose of viewing it, provided that no more than one copy of any information is made.
    3. Any use of Our Content other than that permitted under these Terms of Use may only be undertaken with our prior express authorisation.

 

Limitation on our Liability

    1. 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.
    2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to Flo-culture or any content on it, whether express or implied.
    3. We are not liable 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:
        1. use of, or inability to use, Flo-culture; or
        2. use of or reliance on any content displayed on Flo-culture.

       

    4. If you are a business user, please note that in particular, we will not be liable for:
        1. loss of profits, sales, business, or revenue;
        2. business interruption;
        3. loss of anticipated savings; or
        4. loss of business opportunity, goodwill or reputation.
        5. any indirect or consequential loss or damage.

       

    5. We will not be liable for any loss or damage caused by a virus, denial-of-service attack or distributed denial-of-service attack, or other technologically harmful material or action (whether malicious or otherwise) that may infect your computer equipment, smart phone or other mobile device, computer programs, data or other proprietary material due to your use of the Service or to your downloading of any material posted on it, or on any website or other resources linked to it.
    6. We assume no responsibility for the content of websites or other resources linked to or accessible via Flo-culture. Such links should not be interpreted as endorsement by us. We will not be liable for any loss or damage that may arise from your use of them.
    7. The material displayed through our Services is provided without any guarantees, conditions or warranties as to its accuracy. Whilst we endeavour to ensure that the information provided through our Services (excluding user content) is correct, we do not promise that it is complete or accurate; nor do we commit to ensuring that the Services remains available or that the material provided through the Services is kept up-to-date. Please be aware that our Services are a public resource that enables individuals to contribute their own content and version of events, some of which may be inaccurate. We do not monitor the Services and do not promise that the information on Flo-culture will be free from errors or omissions, nor that it will not contain inappropriate content. We cannot be held liable for any contents of or consequences of such material. It is your responsibility to take precautions and use common sense when using the Services and any Contributed Content or when providing any information to others via the Services. Unfortunately, there may be occasions when you may find other Registered Users’ or visitors’ use of the Services or posted Contributed Content offensive, harmful or deceptive. If you have any complaints regarding another Registered User or Contributed Content, then you should use the complaints procedure set out below.
    8. Subject to section 13.1, our liability in tort, contract, negligence, pre-contract or other representations or otherwise arising out of or in connection with the Services, or the Website, App and/or these Terms of Use shall be limited in aggregate to £100.00
    9. We do not accept any liability for damage to your computer system or loss of data that results from your use of the Services and we cannot guarantee that any files that you download are free from viruses, contamination or destructive features.
    10. Whilst we use all reasonable endeavours to correct any errors or omissions in our own posted information as soon as practicable once they have been brought to our attention, we do not promise that it is correct.
    11. We cannot promise that our Services will be available uninterrupted and in fully operational condition due to the nature of the internet and our dependency on other service providers. Access to the Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control.

 

Complaints and Feedback

    1. If you believe that any content made available through our Services is in breach of these Terms (e.g. obscene, explicit or illegal content) you can report this by contacting us at hello@flo-culture.com. We will keep your identity anonymous.
    2. If you have any specific complaints about our Services, another Registered User, visitor to the Services or any Contributed Content or any other aspects of the Services, then you can contact us at katherine@flo-culture.com. Please note that we are under no obligation to take any action against a Registered User or other person unless required to by law.

 

Copyright

The contents of the website and app are ©2017 by Flo-culture Ltd. All rights reserved. Any other trademarks are the property of their respective owners.

 

Copyright Infringement Notification Procedure

    1. To file a copyright infringement notification with us, you will need to send a written communication to us with all of the following information in it, using this format:
        1. include a statement telling us that you have found a photo or other content on Made with Narrative which you believe infringes your copyright or (for example, “I hereby confirm that I believe the photo identified below infringes my copyright”);
        2. an electronic or physical signature of a person authorised to act on behalf of the copyright owner;
        3. identification of the copyright work you claim has been infringe;
        4. identification of the material that is claimed to be infringed, and where it is located in the app;
        5. information that enables us to contact you; address, contact number and email address;
        6. a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, it’s agent, or law; and a statement, made under penalty of perjury, that the above information is accurate; and
        7. you are the copyright owner or are authorised to act on behalf of the owner.

       

       

    2. The communication should be sent by email to hello@flo-culture.com, or posted to: Flo-culture, Studio 0:05, Northern Design Centre, Baltic Business Quarter, Gateshead, Tyne and Wear, NE8 3DF United Kingdom.
    3. Please make sure you know whether or not the content that you have seen on Flo-culture infringes your copyright. If you are unsure what your rights are, or whether your copyright has been infringed, you should check with a legal adviser first. Be aware that there may be adverse legal consequences in your country if you make a false or bad-faith allegation of copyright infringement by using this procedure.
    4. Please note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
    5. Any person who knowingly and materially misrepresents that material or activity was removed or disabled in error or through misidentification may be subject to legal liability. Please also note that we enforce a policy that provides, under appropriate circumstances, for the termination of access to Registered Users who are infringers.

 

Changes to these Terms of Use

We are constantly looking for new ways to improve our Services and to enhance your experience. We therefore reserve the right to amend and develop the Services and these Terms of Use at any time. We will post amendments to these Terms of Use on the App and/or on the page where you download updates to the App, other than in relation to minor changes which have no detrimental impact on you, send you a notification of such change by email to the email address that you have registered with us, where relevant. All such changes will take effect once they have been posted on the App and you will be deemed to have accepted any such changes from that date. Please check this page regularly to ensure you are familiar with the current version of our Terms of Use as they are binding on you. If you do not accept any changes made in relation to the Flo-culture, then you can exercise your right of termination as set out in these Terms of Use or simply discontinue your use of the Services at any time.

 

Severance

Each provision of these Terms of Use shall be constructed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.

 

Exclusion of Third-Party Rights

These Terms of Use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms of Use is not subject to the consent of any third party.

 

Entire Agreement

These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and us in relation to your use of our Services, and supersede all previous agreements in respect of your use of the Services.

 

Governing Law

    1. If you are a consumer, please note that these Terms of Use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
    2. If you are a business, these Terms of Use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

 

Contact Us

You may contact us by email at katherine.pearson@flo-culture.com. Only correspondence sent to this email address will be responded to at our discretion. Alternatively you can contact us by post at: Flo-culture, Studio 0:05, Northern Design Centre, Baltic Business Quarter, Gateshead, Tyne and Wear, NE8 3DF United Kingdom.