1. Getting Started
a. Introductioni. HyperGlobalMegaDan (HGMD, "we” or "us") provides "Loose Ends", a social networking application on the Internet (the "Services"). With registration via the Loose Ends App the user gets access to an online database. Using this database, the user can arrange ‘Loose Ends’ in order to socialise together. Usage of Loose Ends is subject to these Terms and Conditions. Violation of these may result in termination of your account. I’m not writing this for fun you know.
b. Registrationi. Before you can use the services of Loose Ends, you need to register. The registration and use of the services of Loose Ends are free of charge. You must register for our Services using accurate, up to date data. ii. You must be at least 16 years of age to use Loose Ends.
c. Devicesi. You’ll need a working phone or PC to make use of our services, as well as a data plan. You’ll need to provide this, we aren’t made of money. ii. You are responsible for keeping your device and your Loose Ends account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services. iii. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.
d. Fees and Taxesi. You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services.
2. Your Rights
a. Contenti. When you use Loose Ends, anything you upload remains, subject to any existing third party rights, yours. This includes any files, conversations, contacts and so on. Loose Ends does not claim any rights over any of this, except for the limited rights (including any relevant licences) we need to enable to offer Loose Ends as a service. We need, for example, to show your picture to people so they know who they are meeting up with. We need your permission to host, back up and share your things, (such as contact lists, in-app text, images) in order to make Loose Ends function. You give us this permission, and this extends to our affiliates and trusted third parties.
3. Your Responsibilitiesi. You will not use Loose Ends to violate, misappropriate, or infringe the rights of Loose Ends, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights. ii. You will not post any content that is illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes. iii. You will not publish falsehoods, misrepresentations, or misleading statements. iv. You will not ‘spam’ Loose Ends, through sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like. v. You will play nicely.
4. Our Rights
a. Making Apps is hard so you agree not to do any of the following:i. Access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means. ii. Reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services. iii. Send, store, or transmit viruses or other harmful computer code through or onto our Services. iv. Gain or attempt to gain unauthorized access to our Services or systems. v. Interfere with or disrupt the integrity or performance of our Services. vi. Create accounts for our Services through unauthorized or automated means. vii. Collect the information of or about our users in any impermissible or unauthorized manner. viii. Sell, resell, rent, or charge for our Services.
5. Disclaimersi. The following is in CAPITALS, so you know we are being serious. YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN "AS IS" BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE "LOOSE ENDS PARTIES") FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, "CLAIM") AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.
6. Limitation of liabilityi. THE LOOSE ENDS PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOSS OF PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS AND CONDITIONS, US, OR OUR SERVICES, EVEN IF THE LOOSE ENDS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS AND CONDITIONS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF ONE POUND (£1) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS AND CONDITIONS, IN SUCH CASES, THE LIABILITY OF THE WHATSAPP PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
7. Feedbacki. If you have any ideas of how to improve Loose Ends, we’d love to hear them. Please email them to [email protected]. Loose Ends shall be entitled to the unrestricted use of the feedback for any purpose whatsoever, commercial or otherwise, without compensation or attribution to you.
a. By Loose Endsi. We may terminate your use of the Loose Ends App at any time without cause.
b. By Youi. If you want out, you may terminate your account by emailing [email protected]. This will result in the destruction of all data related to your account. All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including without limitation, without limitation, ownership provisions, warranty disclaimers iand limitations of liability.
9. Modification to Terms and Conditionsi. Loose Ends reserves the right to modify these Terms and Conditions at any time. But don’t worry though, we’ll keep you informed. Because we know you’ll love hearing about changes to terms and conditions.
10. Entire agreement.i. These Terms and Conditions constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. ii. You acknowledges that by using the Loose Ends App and in accepting these Terms and Conditions you do not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions. You agree that you shall have no claim for innocent or negligent misrepresentation based on any statement in these Terms and Conditions.
11. Severance.i. If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms and Conditions.
12. Governing law.i. These Terms and Conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales. ii. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or their subject matter or formation.