Terms of use
-
Applicability: These Terms of Use (these “Terms”) are between you and Fyndit Ltd (together with our affiliates, “Pretsells,” “we” or “us”) and provide the general terms and conditions that govern your access to, use of, and interactions with: (A) the Pretsells website located at www.pretsells.com (the “Website”), (B) Pretsells applications made available through the Website (the “Software”), (C) any Pretsells-controlled social media pages (including on Facebook, Instagram, Spotify and Twitter), and/or (D) any content, functionality, and services offered on or through the Website, Software and social media pages. To make these Terms easier to read, the Website and Software, along with the Pretsells-controlled social media pages and any content, functionality, and services offered on or through the Website, Software and social media pages, are collectively called the “Services.”
-
Your Acceptance of these terms: Your use of the Services in any way signifies that you accept and agree to these Terms, including any modifications that Pretsells makes from time to time. If you do not wish to be bound by these Terms, you may not access or use the Service
-
Changes to these terms: Pretsells may modify these Terms at any time, in our sole discretion. To the extent permitted by law, all changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are responsible for checking these Terms regularly to ensure that you understand the Terms that apply at the time of your access to or use of the Services.
-
Age requirement: You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to use the Services.
-
Access to the services: The Services are offered only for your personal, non-commercial use, and not for the use or benefit of any third-party. We may, in our sole discretion, change, modify and/or refuse to offer some of all the Services to any person and change the eligibility criteria at any time. Any right to access and use the Services is automatically revoked where these Terms, or use of the Services, is prohibited or conflicts with any applicable law, rule, or regulation.
-
Limiting or Modifying the Services: We reserve the right to withdraw, limit or otherwise modify the Services, in our sole discretion without notice. We will not be liable if for any reason all or any portion of the Services are unavailable at any time or for any period.
-
Internet Access: You are solely responsible for making all arrangements necessary for you to have access to the Services, including, without limitation, securing internet connections, and for any telecommunication fees.
-
-
Account Registration and Security: To enjoy full access and use of our Services, you may be asked to provide certain registration details or other information so to create a user account (an “Account”).
-
Account Information: It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You may not use someone else’s name, or any name, location, other public profile information or image that violates any third-party rights, is against the law, or that is offensive, obscene, or otherwise objectionable. You agree to promptly notify us if any of your information changes or is inaccurate.
-
Account Security: Your account is for your personal use only. You may not allow others to use your Account and may not or transfer your Account to any other person or entity. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the Services. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. If you suspect or know of unauthorized access to your account, change your password and immediately notify Pretsells by sending an email to info@pretsells.com
-
-
Termination of right to use; account deletion: We have the right to suspend, delete and/or disable any Account (or any part thereof) or block or remove any User Contribution for any lawful reason, including if we determine that you have violated these Terms or that your conduct or User Contribution would tend to damage Pretsells' reputation or goodwill. If Pretsells deletes your account or terminates your permission to use the Services, you may not re-register for or continue to use the Service under any other email or Account without explicit permission by Pretsells.
-
Privacy notice: Please review the Privacy Notice to learn about (A) what information we may collect about you, (B) what we use that information for, and (C) with whom we may share your information.
-
General Prohibitions and Pretsells enforcement rights: You may use the Services only for lawful purposes and in accordance with these Terms. Additionally, you agree that you will not do any of the following:
-
Impersonate or misrepresent your affiliation with any person or entity.
-
Interfere, or attempt to interfere, with the proper working of the Services.
-
Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third-party or in any manner not permitted by these Terms or permitted expressly in writing by Pretsells.
-
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services.
-
Access, tamper with, or use non-public areas of the Services, Pretsells' computer systems, or the technical delivery systems of Pretsells' providers.
-
Attempt to probe, scan or test the vulnerability of any Pretsell system or network or breach any security or authentication measures.
-
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Pretsell or any of Pretsells' providers or any other third-party (including another user) to protect the Services, systems, or other content.
-
Bypass any territorial restrictions, including IP address-based restrictions, that may be applied to the Services.
-
Use the Services in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Website.
-
Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of any information or materials.
-
Use any manual process to access, monitor or copy any information or materials, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
-
Collect or store any personally identifiable information from other users of the Services.
-
Use any device, software, or routine that interferes with the proper working of the Services.
-
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
-
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website of Software, the servers on which the Website of Software are stored, or any other server, computer, or database connected to the Services.
-
Attack the Website, or any other server, computer, or database connected to the Services, via a denial-of-service attack or a distributed denial-of-service attack.
-
Use, display, mirror or frame the Services or any individual element within the Services, Pretsells' name, any Pretsell trademark, logo or other proprietary information, or the layout and design of any page or copy contained on a page, without Pretsells' express written consent.
-
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or User Contributions to send altered, deceptive, or false source-identifying information.
-
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation.
-
Post, upload, publish, submit, or transmit any User Contribution or engage in any activity that:
-
infringes, misappropriates, or violates a third-party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.
-
violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability.
-
is fraudulent, false, misleading, or deceptive.
-
is defamatory, obscene, pornographic, vulgar or offensive.
-
promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group.
-
is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity.
-
publishes the confidential, proprietary or personal information of any other person or entity
-
exploits minors.
-
promotes illegal or harmful activities or substances.
-
-
Encourage or enable any other individual to do any of the foregoing to otherwise violate these Terms.
-
Although we’re not obligated to monitor access to or use of the Services, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of the Services and Pretsells' systems. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
-
-
User contributions: The Services may include platforms, boards, profiles, forums, chat features and/or other interactive features (collectively, the “Interactive Services”) that allow users to post, submit, publish, display, or transmit to Pretsells, to other users or to other persons generally (hereinafter, “post”) content or materials through or in connection with the use of any of our Services (collectively, “User Contributions”). We do guarantee that other users or third-parties will not use the User Contributions that you post. If you have ideas and/or information that you want to remain confidential and/or do not want us or others to use, do not post them. We shall have no responsibility to evaluate, use or compensate you for any User Contribution. Further, we are under no obligation to oversee, monitor, or moderate any Interactive Service we provide. You may be able to remove your User Contributions by specifically deleting it, but we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Contributions
-
Non-Confidential and Non-Proprietary: Any User Contribution, whether publicly posted or privately transmitted, will be considered non-confidential and non-proprietary.
-
License to Use User Contributions: You explicitly grant Pretsells and its service providers, and each of their and our respective licensees, successors, and assigns a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable, royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Contribution (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without any attribution and/or compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Contribution(s). You further grant all users of the Services permission to view your User Contribution(s) for their personal, non-commercial purposes. If you make suggestions to Pretsells or through the Services about improving or adding new features or products to the Services or you otherwise provide feedback, product or service reviews or testimonials, you hereby grant to Pretsells a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback, reviews and testimonials for any purpose (including for marketing), without any notice, compensation or other obligation to you.
-
Your Responsibility for Your User Contributions: Any User Contribution, whether publicly posted or privately transmitted, is the sole responsibility of the person who posed such User Contribution. By posting any User Contribution, you represent and warrant that:
-
You are not a minor.
-
You represent that you own (or have all rights necessary to grant Pretsells the license above to) all the User Contributions you may post, and that Pretsells will not need to obtain licenses from any third-party or pay royalties to any third-party to use such User Contribution(s).
-
All of your User Contributions do and will comply with these Terms and any content standard stated herein.
-
-
Monitoring and Enforcement: We do not undertake to review all User Contributions before they are posted have and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability or responsibility to anyone for any action or inaction regarding transmissions, communications, or content provided by any user or third-party. We have no liability for the performance or nonperformance of the activities described in this section. However, we reserve the right to: (i) remove or refuse to post any User Contribution for any or no reason in our sole discretion, (ii) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, (iii) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, and (iv) take appropriate legal action for any illegal or unauthorized use of the Services.
-
-
Hyperlinks:
-
Links from the Website: The Website may contain links to websites operated by other parties. Pretsells provides these links to other websites as a convenience and use of these sites is at your own risk. The linked sites are not under the control of Pretsells, and Pretsells is not responsible for the content available on the other sites. Such links do not imply Pretsells' endorsement of information or material on any other site and Pretsells disclaims all liability regarding your access to and use of such linked websites
-
Links to the Website: You may not place a link to the Website on another website without our prior written consent and, without limiting the foregoing, you must adhere to Pretsells' linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Pretsells and/or its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Pretsells, (iii) when selected by a user, the link must display the Website on full-screen and not within a frame on the linking site, and (iv) Pretsells reserves the right to revoke its consent to the link at any time and in its sole discretion.
-
-
General:
-
Relationship of Parties: You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pretsells because of these Terms or your use of the Services.
-
Assignment: Pretsells may assign these Terms, in whole or in part, to any person or entity at any time with or without your consent.
-
Notices: All notices given by you or required under these Terms shall be in writing and addressed to: Fyndit Ltd, 71-75 Shelton Street Covent Garden, London, WC2H 9JQ, UK
-
Equitable Remedies: You hereby agree that Pretsells would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.
-
Force Majeure: Neither you or Pretsells will be liable for any failure or delay in performance under these for causes beyond the other party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-performing party through the use of commercially reasonable, alternate sources.
-
Waiver and Severability: Our failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each such provision thereafter. The express waiver by us of any provision, condition or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. If any of the provisions of these Terms is found to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.
-
Entire Agreement: These Terms, including Official Rules and Experience Rules, as well as any other the documents, rules or policies expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Services supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
-
Complaints: A complaint should be made via the contact us form by selecting “complaint” from the drop-down menu and completing the form. All complaints will be investigated as appropriate and complainants will be informed of the outcome within in writing within 28 days of Pretsells acknowledging the complaint. Pretsells will retain information about complaints in accordance with Pretsells' Privacy Notice.
-