TERMS OF SERVICE
Welcome to Ideapot. Our brands, websites, apps, products and other services (“Services”), which are listed in section 13, are all provided by SAINTBOTS UK LTD (collectively, “Ideapot”, "us", “we”, “our” or the “Company”).
1. Acceptance of the Terms of Service
We want to keep our relationship with you as lean and informal as possible, but please read the Terms of Service carefully before you start using our Services, because by using our Services you accept and agree to be bound and abide by these Terms of Service.
Should you disagree with some of the provisions herein, you can either leave our Services (although we'll be sad to see you go!), or contact us here.
2. Changes to the Terms of Service and our Services
We always strive to provide you with as much value as we can with new and innovative ways, throughout our Services, meaning that these Terms of Service may change over time. In order to do that we reserve the right to update our Services and these Terms of Service from time to time, at our discretion. We will make sure to announce any major change in a prominent way. Of course, this document is public on our policies website, and you will be able to see the changes for any new version. Your continued use of our Services following the publishing of updated Terms of Service means that you accept and agree to the changes.
3. Accessing our Services, Security and Privacy
We are working hard on improving our Services, but we can't guarantee that our Services will be up and running 24/7. We also reserve the right to suspend or restrict access to some features and products to users. In any case, we will not be liable if for any reason all or any part of our Services are unavailable at any time or for any period, nor for any data loss (see also section 8 below).
It is a condition of your use of our Services that all the information you provide on our Services is correct, current and complete. In the future, you may be asked to provide certain registration details or other information. As custom for internet websites and mobile applications, we reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Service.
You are responsible for keeping your login credentials used to sign up to our Services confidential, and you are the only one responsible for all activities that happen under those credentials. If at any time you believe that someone has gained access to your account, please immediately contact us here.
We are not responsible for the behaviour and actions of any user on or off our Services. You agree to interact with other users in caution, particularly when and if you decide to communicate off our Services or meet them in person.
You should never provide your financial information (for instance, any of your banking information), or send via any way money, to other users.
You should never give any of your personal information to other users.
You can always stop interaction with any user, if you think is a suspicious user and report that user to us here at any time.
If you shifted interaction with a user to another platform outside of our Services, then you agree to be bound and abide that 3rd party’s service relevant agreements and policies.
When and if your interaction with other users goes offline and/or outside of our Services (for example, use other communication means or meet in person) then you agree to be fully responsible and liable for your interaction with other users and be at your own risk.
You are the only one responsible for your interactions with other users. You fully understand that we do not, in any mean, conduct criminal background checks on our users or in any other way examine, analyse, question, inspect into the background of our users. We do not represent or warrant as the behaviour, manipulation, management or actions of users. We do, reserve the right to conduct at any time, any criminal background checks or any other screenings using any available public records.
5. Intellectual Property Rights and Use Guidelines
Our Services and their original content, features and functionality, are owned by Ideapot and are protected by international copyright and other intellectual property or proprietary rights laws. So you agree to not copy, modify, create derivative works of, publicly display, publicly perform, republish, any of our copyrighted material, except to the extent permitted by our Services themselves. If you have doubts about whether and how to use of material on our Services, please address your concerns to us here.
For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through our Services. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below).
All Content added, created, uploaded, submitted, distributed, or posted to our Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using our Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through our Services is or will continue to be accurate.
By submitting public User Content through our Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with our Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of our Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of our Services a non-exclusive, perpetual license to access your User Content through our Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
We do not guarantee that any Content will be made available on our Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from our Services.
You are permitted to use our Services for your personal, non-commercial use, or legitimate business purposes, provided that your activities are lawful and in accordance with these Terms of Service. Prohibited uses include violation of laws and regulations, hacking our Services in any manner, or violating the Content Standards set below. No right, title or interest in or to our Services or any content on the websites or mobile applications is transferred to you, and all rights not expressly granted are reserved. Any use of our Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and can lead to account termination.
We encourage your feedback, in the form of reviews, comments, and suggestions or recommendations for modifications, improvements or changes to our Services that you may choose in your sole discretion to provide us from time to time (“Feedback”). When you provide Feedback, you grant us, under all right, title and interest in and to the Feedback, a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use that Feedback or to incorporate it into our Services or other products or services.
Our Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through our Services.
6. User Contributions and Content Standards. Special Disclaimer for legal content
Our Services may contain user generated content, and also may contain message boards, personal web pages, mobile application sections, forums or other interactive features that allow you to upload, post, submit, publish, display or transmit to other Users Content on or through our Services. All User Content must be lawful, not spammy, and clear of virus or other malware. More specifically, but without limiting the foregoing, it must comply with the following Content Standards:
- Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
- Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.
- Not be likely to deceive any person.
- Not promote any illegal activity, or advocate, promote or assist any unlawful act.
- Not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
- Not involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Not give the impression that they emanate from us or any other person or entity, if this is not the case.
- Not used, if public, as test empty documents with no actual content, or typing exercises: please respect our community and help us minimize the clutter!
In App Purchases: We may offer products and services for purchase (“in app purchases”) through Google Play, iTunes or other application platforms authorised by Ideapot (each, a “Software Store”). If you decide to make an in app purchase, you will be asked to provide details for your account with your Software Store (“your IAP Account”), and your IAP Account will be charged for the in app purchase according to the terms disclosed to you when you did the purchase as well as the general terms for in app purchases that apply to your IAP Account. According to where you live, some Software Stores may charge you sales tax. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your IAP Account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted our Services applications from your device. Deleting your account on our Services or deleting our Services applications from your device does not cancel your subscription; Ideapot will retain all funds charged to your IAP Account until you cancel your subscription through your IAP Account.
Online Purchases: If you decide to make a purchase through our Services online, you agree to pay Ideapot all charges at the prices displayed to you for the services you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Ideapot to charge your chosen payment provider (your “Payment Method”). Ideapot may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Ideapot may terminate your account immediately in its sole discretion.
If you purchase a subscription through our Services online, your subscription will continue indefinitely until cancelled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing, until you cancel. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in to your account in our Services and follow the instructions. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
You can edit your Payment Method information by going in your account on our Services. If a payment is not successfully settled, due to insufficient funds, expiration, or otherwise, and you do not edit your Payment Method information or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your debit or credit card as provided by your debit or credit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.
Virtual Items: You may be able to purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use “virtual items”, included but not limited to in app Virtual Coins (collectively, “Virtual Items”). You are only allowed to purchase Virtual Items from us or our authorized partners through our Services and not in any other way. Virtual Items represent a limited license right governed by this Agreement. Except as otherwise prohibited by applicable law, Virtual Items obtained by you are licensed to you, and you acknowledge that no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement should not be construed as a sale of any rights in Virtual Items. Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use, however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, when we cease providing our Services or your account is otherwise closed or terminated. Ideapot, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/ or may distribute Virtual Items with or without charge. Ideapot may manage, regulate, control, modify or eliminate Virtual Items at any time. Ideapot shall have no liability to you or any third party in the event that Ideapot exercises any such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through our Services. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in our Services is a service provided by Ideapot that commences immediately upon the acceptance of your purchase of such Virtual Items. YOU ACKNOWLEDGE THAT IDEAPOT IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Refunds: Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.
For subscribers residing in the EU or European Economic Area, in accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.
Purchases of Virtual Items are FINAL AND NON-REFUNDABLE.
To request a refund: If you subscribed using your Apple ID, refunds are handled by Apple, not Ideapot. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history”, find the transaction and hit “Report Problem”. Alternatively, you can also submit a request at https://getsupport.apple.com.
If you subscribed using your Google Play Store account or through our Services online: please contact us here with your order number which you can find on your confirmation email. You may also mail or deliver a signed and dated notice which states that you, the buyer, are cancelling this agreement, or words of similar effect. Please also include the email address or telephone number associated with your account along with your order number. This notice shall be sent at the address mentioned here.
8. Law and Copyright Infringement
We do not undertake to review all material before it is posted on our Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. In the unlikely event we receive a disclosure request from an authorized party, we reserve the right to disclose user identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order. You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
If you believe that any User Content violate your copyright, please follow the procedure set forth by Electronic Commerce Directive article 14 and provide us a written takedown notice including the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site or mobile application are covered by a single notification, a representative list of such works at that site or mobile application.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient for us to contact you, such as email, address, telephone number.
- A statement that you a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
9. Disclaimer of Warranties, Limitations of Liability and Indemnification
Your use of our Services is at your sole risk. Our Services are provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of our Services, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, non-transferable license to use our Services. Because our Services are not error or bug free, you agree that you will use them carefully and avoid using them in ways which might result in any loss of your or any third party's property or information.
10. Geographic Restrictions
For now, we provide our Services for use only by persons located in the European Economic Area. We make no claims that our Services or any of its content is accessible, appropriate or legal outside of European Economic Area. If you access our Service from outside the European Economic Area, you do so on your own initiative and are responsible for compliance with local laws.
11. Governing Law and Jurisdiction
These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the United Kingdom without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or our Services shall be instituted exclusively in the courts of the United Kingdom or the courts of the European Union.
12. Waiver and Severability
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Ideapot and govern your use of our Services, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
We welcome any comment, question and communication here.
The following Services are provided to you by the Ideapot company wherever you are based in the world:
15. Contacting us
If you have any questions about this Terms of Service, you can contact us:
By email: [email protected]
SAINTBOTS UK LTD
7 Bell Yard
London, WC2A 2JR
This document was last updated on August 17, 2018