Legal

SlidaM8 User Agreement

Thank you for signing up to SlidaM8 hereafter known as “the app” an application wholly owned by SlidaTek Ltd hereafter know as “the company” (or “we” or “us”, or “our”). 


By downloading and using “the app”, you are agreeing to the terms and conditions which are set out in this user agreement. In addition, by sharing your materials (or sharing “content” elsewhere), inclusive of all messages, videos, images, comments, connections, and other data and sharing your “content” through “the app” with others hereafter known as “users” or another “user” you are agreeing to the terms and conditions which are set out in this User Agreement.


We have endeavoured to explain these terms in straightforward language, please take a few minutes to read through as these terms do constitute a legally binding contract between you and “the company”.


We are obliged to give you full details of “the company”.

 “The company” registered address for correspondence is:

Distillery Buildings, Lauragh Ida, Bandon, County Cork, Ireland

You may contact us by email at contact@slidatek.com

The following are the terms of this User Agreement:

1.    Scope: we describe the “services” you receive and the basis on which they are provided to you.

Our website and any other facilities and functions “the company” makes available to you on the terms of this User Agreement, constitute the “service” which we may add to, subtract from or otherwise amend the “service” at our option from time to time without any liability to you. 

Full information on any changes will be provided on our website from time to time. All the changes we make will however be effective as soon as they appear.

We are not obliged to enter into this User Agreement or any contract with you or provide you with the “service” or give you access to it, but welcome your decision to become a part of the “the app” community. 

We are under no obligation to you or to any “users” to provide the “service” in its present form, in any form, or at all.

Under the General Data Protection Regulation, you have the right to access, rectify, port and delete your data.

2.    Contract: when you use our Service, you are entering into a binding agreement with “the company” and acknowledge and accept the terms of our User Agreement.

Wherever you live, the contract you enter on the terms and conditions of this User Agreement is legally binding and it is made between you and “the company”. If you do not want to be bound to a contract with us, you must not join the “the app” community or upload any “content” or share any materials with any other “users” or make use of our “service” in any way. 

3.    Breach, deactivation and termination: what happens if you breach our User Agreement or if you otherwise cease to be part of the “the app” community.

If you are in breach of any part of this User Agreement, we may deactivate your account at our sole discretion.  We are also entitled to remove, edit, block, monitor or take down any “content” you upload at any time and for any reason but we are not obliged to do so.  We may also prevent your access to the “service” without giving you a reason or make you change your user name but, where it is reasonably possible, we shall try to give you prior notice before we do so. If your account is deactivated for any reason, your “content” will no longer be accessible by you or by any other “user” unless it has already been re-shared.

Upon termination of this User Agreement for any reason, or if you deactivate “the app” account, all licenses and other rights granted to you are terminated. 

You can deactivate your account by mailing the request from your registered email address to administrator@slidatek.com and deactivation of your account terminates this User Agreement. You will receive an email asking you to confirm that you wish to deactivate your account. Upon confirmation, your account will be deleted and will no longer be accessible. 

All of the terms of this User Agreement survive its termination except for our qualified obligation to provide the Service to you and reciprocal licenses granted within the terms of this agreement.

4.    Your Obligations: what this agreement imposes on you. 

You assure “the company”, that you are able to enter into this User Agreement and are over the age of 13. 

You are obliged to comply with all applicable laws and regulations and with the terms of this User Agreement and any notices we send you or which are placed on the website or the application, in relation to the “content” you upload and your use of the “service”.

5.    Content Agreement Terms: What “content” is admissible.

You are solely responsible for your “content” and your interaction and dealings with other “users”, whether on line or offline.  You accept and acknowledge that “the company” has no responsibility or liability for any “content” you upload.  As you will have read above, although we have no obligation to do so, we reserve the right and discretion to remove, edit, block or monitor any “content” at any time and for any reason. “The company” has no obligation to become involved in, or mediate, disputes between “users”. You should also be aware that “services” provided, may result in the display of flash photographic and strobe effects and that “the company” takes no responsibility for the result of such effects.

Your “content” must not include unlawful, defamatory, abusive, obscene, discriminatory, otherwise objectionable material or material that abuses or exploits children.  Obscene material includes pornographic, nude, partially nude or sexually suggestive photographs or other images.  You must not offer any escort services or promote prostitution or sexual opportunities by means of your “content”.

 

Your “content” may not contain material that incorporates information that you do not have the right to disclose or make available under any law or any contractual, fiduciary or employment relationship or under a disclosure agreement.

You must not upload “content” that infringes any intellectual property rights of any third party inclusive of, but not limited to, copyright, trademarks, design right, patents or know-how.

You must not circumvent or attempt to circumvent any “content” filtering techniques we use or attempt to access parts of the “service” or our application or website that you do not have our authority to access.

Your “content” must not include any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid selling schemes or other forms of solicitation or contain any software viruses, worms, spyware, Trojan Horses or any other malware, computer code, files or programs that would interrupt, destroy or inhibit or compromise the functionality of any computer software or hardware or telecommunications equipment belonging to “the company” or to any other “users”. You are not permitted to inject software “content” or code into any software of “the company” or into that of any other “users”.


You must not upload any “content” to indicate or suggest or otherwise indicate or suggest that you have any special relationship with “the company” or that we have endorsed you or any products or services that you may provide without our express written consent to do so.

You must not sell, transfer, license or assign your account, user name, password or any account rights nor may you create an account for anyone other than yourself or create any false profile or identity or multiple profiles for yourself.

You must not solicit, collect or use the login credentials of any other “user” or use another “users” account without their permission or transfer your account to any third party.

You are responsible for keeping your password secure.

All the information you provide to “the company” upon and after signing up to “the app” and at all other times, will be true, accurate, current and complete and you agree to update your information as necessary to maintain its accuracy.

You must not stalk, bully, intimidate, abuse, harass, threaten, impersonate or intimidate people or post private or confidential information such as, without limitation, any person’s credit card information, NHS numbers, social security details, passport, other national identity numbers, non-public telephone numbers or non-public email addresses, or otherwise violate the publicity or privacy rights or the rights under the Data Protection Act 1998 or other data protection legislation of any other person. 

You must not attempt to prevent or inhibit other “users” from using the “service” and you must not encourage any violations of this User Agreement or other agreement made between other “users” and “the company”.

6.    Rights: our Intellectual Property Rights and your Intellectual Property Rights.

The Service incorporates copyright and other Intellectual Property rights of “the company” and its licensors.  The “the app” in terms of how it appears to you online and the underlying code is protected by Intellectual Property Rights including but not limited to copyright, database right and design right all vesting in “the company” or its licensors.

Except for the limited license granted to you as set out in the next paragraph, “the company” reserves all of its intellectual property rights in the “service”.  “The app” is a trade mark of “the company”. This User Agreement does not give you or any other “user” any right or any license with respect to such trade mark or any other trade mark of “the company”.

We grant you a limited, non-exclusive, non-assignable, non-sub-licensable, royalty free, worldwide license for the duration of this User Agreement under  “the company” Intellectual Property Rights to access and use the Service and upload “content” by means of it. This license is revocable at any time. 

You grant to us a limited, non-exclusive, non-sub-licensable, royalty free, revocable, worldwide license under your Intellectual Property Rights to hold, process and make available your “content” to other “users”, subject to the Privacy paragraph below.  For the avoidance of doubt, “the app” does not claim physical ownership of any of your “content” or title to any of your Intellectual Property Rights.

You represent and warrant that you own the “content” uploaded or otherwise have the right to grant the license you give to “the company” and further that the use of your “content” and its appearance on or through the “service” does not violate, misappropriate or infringe the rights of any third party including, without limitation, privacy rights, publicity rights, copyright, trade mark or other intellectual property rights and you agree to pay all royalties, fees, costs, expenses and other monies owed by reason of “content” you post on or through the “service”.

You are free to provide us with suggestions that might improve or enhance the “service”, tips, ideas or information but any such provisions (which we do not solicit) are non-confidential. “The company” is entitled to use them without restriction for any purpose without acknowledgement, recognition or compensation in your favour. You do not assert any Intellectual Property Rights in such provisions, (but if you do and they are provided to “the app”, you assign all such Intellectual Property Rights to “the company” with full title guarantee) and waive all moral rights in them that may exist under Chapter IV of the Copyright, Designs and Patents Act 1988. If you do not wish to relinquish your rights to “the company” in any suggestions or materials or you wish to be paid or assert your own Intellectual Property Rights in them, please do not provide them to us.

7.    Disclaimer: we disclaim all legal liability for the quality, reliability and effectiveness of the “service” provided via “the app”.

The “service”, including without limitation, all materials belonging to “the company” via  “the app” is provided on an “as is” and an “as available” basis to the fullest extent permissible by law and neither “the company” nor any of its directors, employees, agents or companies within its group of companies being subsidiaries or holding companies of “the company” and any subsidiary of such as holding company (all of the foregoing being called ““the company affiliates”) make any representations or warranties or endorsements of any kind whatsoever express or implied as to as to the “service” or any “content” or materials or security associated with the transmission of information to “the company” or via the “service”.
 
“The company” hereby disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for any purpose or generally, non-infringement of third party intellectual property rights, title, quiet enjoyment and freedom from computer viruses and the like.

We disclaim all warranties and responsibilities, whether express or implied, relating to links from the “service” to third party websites which we do not control, sponsor, maintain or endorse.

“The company” does not represent or warrant that the “service” will be error free or uninterrupted or that defects will be corrected or that the “service” or the server that makes the “service” available free from any harmful components, including without limitation, viruses.  “The company” does not make any representation or warranty that the information (including any instructions) of the “service” is accurate, complete, fit for your purposes or useful.  You use the “service” at your sole risk.  

“The company” does not warrant that your use of the “service” is lawful in any particular jurisdiction. By accessing or using the “service”, you represent and warrant that your activities are lawful in every jurisdiction where you access the use of the “service”.

8.    Limitation of Liability: we are not liable for how you use the “service”.

Under no circumstances will “the company” be liable to you for any loss or damage of any kind (including, without limitation for any direct, indirect, health, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to the “service” or your use of or inability to use the “service” or any action taken in connection with the investigation by “the company” or by any law or government enforcement authority regarding your use of the “service”  or any action taken by or in connection with any third party intellectual property rights owners or any omission in the “services” operations or any damage to your computer, mobile device or other equipment or technology including damage from viruses or technical malfunctions, even if foreseeable or even if “the company” has been advised or should have known that the possibility of such damage.

You agree in the event that you incur any damages, losses or injuries that arise out of “the company” acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle to an injunction preventing any exploitation of the Service or any other service or product or technology of “the company” and you have no right to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of the “service” or any product or other service controlled by “the company”.

9.    Indemnity: you may have to compensate us in full if you breach this agreement or damage “the company” otherwise.

You agree to defend at the request of “the company” and indemnify and hold “the company” and all “the company affiliates” harmless from and against all claims, liabilities, damages, losses and expenses including without limitation, reasonable legal fees and costs, arising out of or in any way connected with your “content” and any access to or use of the “service” by you, your breach or alleged breach of this User Agreement and any violation of any third party rights including, without limitation, any intellectual property rights, right of publicity, confidentiality, property or privacy right your violation of any laws, rules, regulations, codes, guidelines, ordnances or orders of any governmental or regulatory authority or any misrepresentation made by you.  You will co-operate as fully required by “the company “ in the defence of any claim.  “The company” reserves the right to pursue the exclusive defence and control of any matter subject to this indemnity and you will not in any event settle any claim without the prior written consent of “the company”.

10.    Privacy: our obligation to protect your privacy and the security of the data within your “content”. Please also refer to our Privacy Policy.

By using the “service” you agree to allow “the company” to collect information about your usage of the “the app” inclusive of your interactions with other “users”. We may share the data we obtain in this way with the “users” with whom you interact.
We treat all personal information you provide to us whether or not as part of your “content” with the utmost care and in accordance with our obligations under the Data Protection Act 1998 (as amended, updated, qualified by other legislation or replaced from time to time). 
With respect to “personal data” as defined in that Act, including but not limited to people’s names or photographs and information about such people including gender, disability or ethnic origin, you are the “data controller” and “the company” is the “data processor” also as such terms are defined in the Act.

“The company” shall take reasonable technical and organisational measures against unauthorised or unlawful processing of personal data you provide to us or against its accidental loss, destruction or damage.


11.     In The Event of an Emergency: what we will do if we think that someone is in danger.

 We are able to impart information in good faith, when we believe that there is an emergency posing a threat which could result in the imminent death of a “user” or serious bodily injury such that immediate disclosure of information is necessary. 

12.     No Waiver: “the company” does not lose its rights to enforce this agreement even if it takes no action.

Any failure by “the company” to act with respect to any breach of this User Agreement by you does not waive our right to act in respect of that breach or subsequent similar or other breaches.


Except as expressly and specifically contemplated by this User Agreement, no representations, statements, consents, waivers, or other acts or omissions by any “user” shall be deemed legally binding on the “the company” affiliate unless documented in writing and signed by an authorised signatory of “the company” or the “the company” affiliate.

13.    Governing law: Irish law applies.


This User Agreement and its terms and conditions are governed by and construed in accordance with the laws of Ireland.

You agree that any claims or disputes arising under or in connection with this User Agreement must be resolved in the courts of Ireland (unless we agree otherwise).

14.    Severance: this agreement survives any deletion of terms.

If any of the terms and conditions of this User Agreement are found by a court of competent jurisdiction or other legal or regulatory authority to be invalid or otherwise unenforceable, “the company” and you agree that such invalid or unenforceable part will be deemed severed from this User Agreement and will not affect the validity of the remaining provisions of this User Agreement which shall remain in full force and effect.

14.     Entire agreement: what you see in these pages sets out the full agreement made with you.

The terms and conditions of this User Agreement constitute the entire agreement between yourself and “the company” and governs your use of the Service. Any prior agreements or understandings made between you and “the company” are superseded by this User Agreement. 

18.    No transfer: you may not grant any rights to other people.

You may not assign, transfer, novate, sub-contract or otherwise dispose of your rights or obligations under this User Agreement, in whole or in part, without the prior written consent of “the company”, but “the company” may assign all or any part of this User Agreement to any third party without your consent.

©2018 SlidaTek Ltd.