TERMS OF USE

THIS MOBILE APPLICATION (THE “APPLICATION”) IS MADE AVAILABLE BY EARTHTURNER LIMITED (“Company”).

THE SERVICE INCLUDES TOOLS WHICH ALLOW YOU TO TRACK YOUR ACTIVITY, FORUM FOR DISCUSSION AND SHOPPING PLATFORM (“SERVICE PLACE”) WHICH HAS BEEN SET UP BY A THIRD PARTY PROVIDER (“PROVIDER”) AND CONTAINS GOODS OFFERED BY THE PROVIDER. THE SERVICE PLACE WILL HAVE DETAILS ABOUT HOW TO PURCHASE THE GOODS. THIS APPLICATION IS DOWNLOADED TO YOUR DEVICE AND ALLOWS YOU TO ACCESS THE SERVICE PLACE. 

YOU (THE “USER”) CONFIRM YOUR ACCEPTANCE OF THESE TERMS OF USE (“TERMS”) BY CLICKING ‘ACCEPT’. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK ‘ACCEPT’. IF YOU DO ACCEPT THESE TERMS BUT SUBSEQUENTLY DECIDE THAT YOU NO LONGER AGREE WITH THEM, YOU MUST IMMEDIATELY UNINSTALL THIS APPLICATION AND DISCONTINUE ITS USE. 

THESE TERMS ARE AVAILABLE ON THE COMPANY WEBSITE HTTPS://WWW.THENIGHTFEED.UK/TERMS AND FROM WITHIN THE APPLICATION.

 

1. Application of Related Terms

 

Depending on the version of the Application User has downloaded, these Terms incorporate Apple’s or Google Android’s  Terms and Conditions and Privacy Policies (“Platform Terms”).  In addition, the use of the App is subject to Company’s Privacy Policy https://www.thenightfeed.uk/thenightfeedprivacypolicy. If there is any conflict between these Terms and the terms of the Company’s Privacy Policy then these Terms will take precedence.

2. Age Restriction

 

You must be at least 13 years of age to download this Application. If you are between 13 and 18 then the Application may only be downloaded with the consent of your parent or guardian using the Apple or Google Android account of the parent or legal guardian.

3. Use of the Application

 

3.1 Company hereby grants User a non-exclusive, non-transferable, revocable licence to use the Application for personal, non-commercial use only on an Apple or Android device (“Device”) as permitted by the applicable Platform Terms and in accordance with these Terms (“User Licence”).  All other rights in the Application are reserved by Company.

 

3.2 In the event of User’s breach of these Terms Company shall be entitled to terminate the User Licence immediately.

 

3.3 You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of the Application. You acknowledge that you may be charged by the Mobile Provider for data services while using certain features of the Application or any such third party charges as may arise and you accept responsibility for such charges. If you are not the bill payer for the Device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application.

 

4. User set – up

 

4.1 After you download the app you will be asked to set your identity as a user (“User Profile”). In order to do this you will be asked to create a username and password and insert various facts about yourself including name, email address, short bio and location (“User Details”). [Verification of certain User Details will be required before you can access the Service Place.] You warrant that all of the User details are true, correct and up to date and you undertake to keep your User Profile promptly updated if any of the User Details change.

 

4.2 Password Security –You are responsible for maintaining the confidentiality of your username and password. You agree that we will be entitled to assume that any person logging on to the Application or using the Application using your username and password is either you or someone doing so with your permission. You are responsible for any use of the Application under your username and password, including all financial charges and legal liability. We recommend that you change your password from time to time to assist with security.

 

4.3 The Provider is in control of your ability to access the Service Place.

 

4.4 You are responsible for all actions which occur using your User Profile. If you suspect any unauthorised use of your User Profile, you must notify the Company immediately.

 

5. User Generated Content

 

The Application enables users to upload their own content on to the Application or take part in one to one conversations and discussions (“User Generated Content”).

Because of the nature of User Generated Content, we cannot guarantee the accuracy or quality of any User Generated Content posted on the Application. While we endeavour to enforce the rules set out in these Terms, we cannot fully monitor or moderate all User Generated Content published on the Application and some users may abuse the forums or blogs or otherwise misbehave.  Further the Company is not responsible for the views and advice contained in any User Generated Content.

If you believe that any User Generated Content published on the Application is untrue, offensive, unlawful, misleading or otherwise fails to comply with these terms, you can notify us by emailing us at admin@thenightfeed.uk.Upon receiving any complaints about User Generated Content, we will review the User Generated Content in question and may then decide to remove or edit it.

Please note any content you post must comply with these Terms. You take full responsibility for any of your User Generated Content that you or we publish, and agree to be responsible for any claim made against us by any third party in relation to your User Generated Content.

 

6. Content available through the Application

 

6.1 Access – Your access to any podcasts, videos, live streams, photographs, images, information, data and other content displayed on the Application (“Content”) is permitted in accordance with, and subject to your compliance with, these Terms.

 

6.2 Permitted Use- You may only view, download and store on any compatible device, the Content for your own personal and non-commercial use.

 

6.3 Restriction on use – You must not:

a) use, or cause others to use, any automated system or software to extract Content from the Application except in cases where you or any applicable third party has entered into a written agreement with us that expressly permits such activity;

b) use the Content for any illegal or unauthorised purpose;

c) use, reproduce, modify, edit, mix or remix, apply any voiceover or commentary, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit the Content in any way for your commercial gain. ‘Commercial gain’ may include any activity attracting any advertising revenue or subscription payments on distribution of or access to our content, or by reducing the need for any third party to subscribe to view our Content directly; or

d) use Content in any way that is in contravention of any applicable law or regulation or in any manner that will violate the privacy, publicity or personal rights of others or in any defamatory, obscene, threatening, abusive or hateful material including without limitation using the Application or any Content in connection or association with any obscene, defamatory, illegal, pornographic material or in relation to products and services that relate to firearms, gambling, pharmaceuticals, pornography or tobacco or otherwise than in accordance with normal standards of decency.

 

6.4 Modification – You acknowledge that the Company may add, remove or otherwise modify Content at any time without notice.

 

6.5 Non-reliance – Content made available through the Application is for general information purposes only and is not intended to meet your particular requirements. Commentary and other materials posted through the Application are not intended to amount to advice, recommendation or endorsement on which reliance should be placed.

 

6.6 Third Party Content Disclaimer – The Application may contain Content, the intellectual property rights in which belong to a third party (“Third Party Content”). The Company gives no warranties, representations or undertakings in respect of any Third Party Content that are made available on the Application.  Further the views and advice contained in any Third Party Content are those of the relevant third party and not the Company.  Accordingly the Company does not take any responsibility for any views or advice contained in such Third Party Content.

 

7. Intellectual Property

7.1 Company’s trademarks, service marks, graphics and logos used in connection with the Application are trademarks of Company (collectively “Company Trademarks”).  Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively “Third Party Trademarks”).  The Company Trademarks and Third Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of Company or the applicable trademark holder. The Application and the content featured in the Application are protected by copyright, trademark, patent and other proprietary rights.

 

7.2 Notwithstanding the above, you will retain ownership of any User Generated Contentyou post on the Application, but in posting it, you are granting to the Company a right to publish, reuse, archive, modify, delete or commercially exploit that User Generated Contentin whole or in part as we see fit on our sites or elsewhere (online or offline) and at any time, without any requirement to pay you or attribute the User Generated Contentto you, and without any obligation to seek further consent or permission. The license you grant us is perpetual and irrevocable, and you waive any moral rights you may have in relation to the User Generated Content.

 

7.3 You take full responsibility for any of your User Generated Contentthat you or we publish, and agree to be responsible for any claim made against us by any third party in relation to your User Generated Content.

 

8. User Privacy

 

8.1 The Application may use, maintain, or transmit User’s personal information, including, without limitation, device model and type and email address (collectively “User Information”) for and from third party platforms and/or services, including Apple and Google Android (“Third Party Providers”). For more information about the use of User Information by Company and the Third Party Providers in connection with the User’s use of the Application, please see our Privacy Policy at https://www.thenightfeed.uk/thenightfeedprivacypolicy

 

8.2 You also acknowledge that you are solely responsible for the confidentiality and security of User Information sent from or stored on the Device by the Application and the confidentiality and security of your accounts with Third Party Providers and you are also solely responsible for all transactions and activities undertaken by anyone using such accounts.

 

9. Prohibited Uses

 

You agree that you will not use the Application in a way, or post or upload any content, that:

  • is defamatory of any other person;
  • is obscene or offensive;
  • promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringes or may infringe any copyright, database right or trade mark of any other person;
  • is likely to harass, upset, embarrass, alarm or annoy any other person;
  • is likely to disrupt our service in any way; or
  • advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.

 

10. Indemnification

You agree to indemnify Company for any breach of these Terms. Company reserves the right to control the defence and settlement of any third party claim for which User indemnifies Company under these Terms and User will assist Company in exercising such rights.

 

11. Exclusion of Company’s Liability

 

11.1 COMPANY PROVIDES THE APPLICATION TO USER “AS IS” AND “AS AVAILABLE” WITHOUT ANY CONDITIONS, WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY HEREBY EXCLUDES ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY CONDITION THAT THE APPLICATION IS FIT FOR PURPOSE, OF SATISFACTORY QUALITY, NON-INFRINGING, IS FREE OF DEFECTS, IS ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE USE OF THE APPLICATION BY USER IS IN COMPLIANCE WITH LAWS OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APPLICATION WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.

11.2 TO THE FULLEST EXTENT UNDER APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF GOODWILL, LOST PROFITS, OR LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APPLICATION, OR THE SERVICE OR, DEVICE FAILURE OR MALFUNCTION. COMPANY SHALL NOT BE LIABLE EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORISED USE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARM.

 

11.3 Nothing in these Terms shall exclude or in any way limit Company’s liability for death or personal injury caused by its negligence or for fraud or any other liability to the extent the same may not be excluded or limited as a matter of law.

 

11.4 In the event that applicable law does not allow the above exclusions, in no event shall Company’s liability arising under or in connection with these Terms and User’s use of the Application exceed £50.

 

11.5 For the avoidance of doubt, prior to downloading the Application, you shall take steps to ensure that compatibility of the Application with your device. You acknowledge that the Company will not be responsible for any incompatibility issues with the Application and your device, or any other hardware on which you store the Application.

 

12. Links to third party websites

 

The Application may include links to third party websites that are controlled and maintained by others. Any link to another website is not an endorsement by the Company of such website and you acknowledge and agree that the Company is not responsible for the content or availability of any such websites. We recommend you review those websites’ terms and conditions and privacy policies to ensure you are happy to use them.

13. Transfer of rights and obligations

 

13.1 You may not transfer, assign, charge or otherwise dispose of any rights or obligations arising under or in connection with these Terms, without the Company’s prior written consent.

 

13.2 You agree that the Company may transfer, assign, charge or otherwise dispose of any rights or obligations arising under or in connection with these Terms. If such case arises the Company shall endeavour to notify you.

 

13.3 You also agree that the Company may use third parties and sub-contract its obligations provided that it remains responsible to you for the performance of these Terms.

 

14. Severance

 

If any of these Terms should be found to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term shall be removed and the remaining terms shall survive and remain in full force and effect and continue to be binding on and enforceable by both parties.

15. Third party rights

 

A person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms but this section does not affect a right or remedy of a third party which exists or is available apart from that Act.

16. Choice of Law and Jurisdiction

 

These Terms and the use of the Application and the Services generally 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) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England.

17. Contact Us

If you have any questions regarding our privacy practices, you can email us at admin@thenightfeed.uk.