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Terms and Conditions

What is Skwibble and Who Operates it?

Skwibble Ltd, referred to as ​'we' or ​'us' from here on in, is the owner and operator of the Service, being a UK registered company (number 09876421), with a registered office address at Flat 45 Attenborough Court, Owen Square, Watford, Hertfordshire WD19 4FN.
To contact us, please email hello@skwibble.com.
The Skwibble App and Website provides parents with a secure, closed-network platform, which gives the opportunity to blog on behalf of their children while allowing them to invite visitors to follow their progress, by uploading content in the form of stories, milestones and celebrations, along with photos, video and other media, parents build up a personalised blog that can be transformed into a book (or e-book) to be treasured forever (the ‘Service’)

What are Skwibble’s Terms and Conditions (T&Cs)?

When using the Skwibble service, read carefully and keep in mind the following terms and conditions (T&Cs). The T&Cs are applicable to registered users, visitors and other persons accessing the Skwibble service (referred to as “you/your”) and explain the terms on which you may use the Service.
By agreeing to these T&Cs, you’re acknowledging that you are fully competent to enter into them, plus any other obligations, representations and warranties specified throughout the T&Cs.
If you’re accepting Skwibble’s T&Cs or using the Service on behalf of a company, government, organisation or any other legal entity or third party, it means that you represent and warrant that:
(i) You have permission to enter into these T&Cs with us on behalf of that entity, bind that third party to these T&Cs and act on their behalf with respect to any actions you take in connection with the Service. You agree to respond promptly and completely to requests from us for additional information that we deem necessary to determine your authority to act on behalf of a third party, company or organisation. We may suspend or terminate your access to the Service if we have reason to believe that you are not authorised to act on behalf of the third party for whom you claim to be acting in connection with the Service.
(ii) The terms ‘you’ and ‘your’, for the purposes of any agreement with Skwibble, refer to your organisation or entity.
Registration with us or using/browsing our website or app is acknowledgement that you have read, understood and agreed to our T&Cs. You will be required to read and accept these T&Cs when registering for an account on the Service. Should you not agree to the terms, you should cease using the Service.

Simple Terms

Users of the Skwibble service must be aged 18 or over. Any registration by, use of or access to the Service by anyone under the age of 18 is unauthorised and is in breach of these terms and conditions. By using the Service, you represent and warrant that you are at least 18 years old.
If you allow anyone else to use the Service, you must make sure that they read these terms and conditions first, and that they follow them. You must not create an account or provide information on behalf of another person. You agree that if any person uses the Service using your account details, they are authorised to act for you. If you think that your account details have been obtained by someone who should not have them, you should contact us immediately. We will not be liable for any unauthorised use of your account.
You must not use the Service if you are a convicted sex offender named on the sex offender register in the UK or if you have been cautioned by the Police for sex related offences at any time. You must not use the Service if you have ever been convicted of any offence under the Sexual Offences Act 2003 or any related sexual offences legislation or if you have been convicted of an offence under section 69 of the Serious Crime Act 2015. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these terms and conditions or any other of our terms.
Certain parts of the Service can be accessed or used by permitted members only and may require an account to log in, create blogs and post. Accounts are free of charge. By creating an account, you agree to us handling the information you provide and confirm that data you provide upon registration and at all other times will be true, accurate, current and complete. You agree to update your information as necessary to maintain its truth and accuracy. If you submit any information that is false or deliberately misleading, we may suspend your use of the Service, or stop it completely.
We may update the Service and make changes to it, but we don't have to do this, and material incorporated within the Service may be out-of-date. No material on the Service is intended to contain advice, and you shouldn't rely on it. We exclude all legal responsibility and costs for reliance placed on the Service by anyone.

Skwibble’s Service to You

In accordance with Skwibble’s T&Cs, you are granted access to a secure, non-exclusive, non-transferable, but limited licence. The licence entitles you to use our service for personal, non-commercial purposes only and as permitted by the features of the platform. We reserve the right to cancel your licence at any time, for any reason. Your Skwibble account provides you with access to our service and the full functionality, which from time to time may require maintenance to be carried out by us at our discretion. We do not guarantee that our Service, or any content on it will always be available or uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Service for business and operational reasons for any reason whatsoever.

Service Usage

You can only use the Skwibble service for personal, non-commercial use, as allowed by law and these T&Cs. If you don’t, we may suspend your usage or stop it completely. Usage of other kinds requires the express, written consent of Skwibble. However, certain actions are prohibited and will result in the termination of your account with immediate effect.
The activities prohibited are, but not limited to:
1. Using any scraper, spider, robot or other automated means of any kind to access the service, deep-link to any feature or content on the service, crawl the service in any manner, or bypass any other measures we may use to prevent or restrict access to the service.
2. Overloading, flooding, spamming, mail-bombing the service, or scripting the creation of content in such a manner as to interfere with or create an undue burden on the service.
3. Reverse engineering, decompiling, disassembling or hacking of any aspect of the Service or any part thereof, or attempt to do any of the aforementioned, except and solely to the extent permitted by law, or otherwise attempt to use or access any portion of the Service other than as intended by Skwibble.
4. Reproducing, distributing, displaying, performing, selling, trading, reselling or exploiting any portion of the Service, or use of the Service, access to the Service, server or any connected database or content obtained through the Service for any purpose or making any ‘attack’ on the Service.
5. Posting or promoting sexually explicit material including but not limited to pornographic videos, images, audio or documents.
6. Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the service.
7. Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure.
8. Uploading, sending, posting, transmitting or otherwise making available or introducing anything which is a criminal offence under the Computer Misuse Act 1990, including any invalid data, viruses, worms, Trojans or any other technologically harmful or damaging computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the service or communications equipment and computers connected to the service.
9. Uploading or otherwise transmitting to or through the service any unlawful, harmful, harassing, defamatory, threatening, vulgar, obscene, offensive, violent, discriminatory, sexually explicit, hateful or otherwise objectionable material of any kind, including anything likely to deceive, harass, annoy, threaten, or invade someone else's privacy or infringe their intellectual property.
10. ​Collecting or harvesting any personally identifiable information, including account names, from the service.
11.​ ​Deleting the copyright and other proprietary rights notices
12. ​​Uploading,posting or otherwise transmitting any unsolicited or unauthorised advertising (or anything promoting products or services), promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise).
13. ​Impersonating another person or otherwise misrepresenting their identity or your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity.
14. ​Using any trademarks, service marks, design marks, logos, photographs or other content belonging to Skwibble or obtained from the service.
15.​ ​Interfering with the proper working of the Service
16. ​Accessing, tampering with, or using any content, user accounts, personally identifiable information or other information on the Service through any technology or means other than those provided or authorised by the service.
17. ​Circumventing measures we may use to prevent or restrict access to the service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the service or the content therein.
18. ​Doing anything to encourage or assist anything that breaks the law in connection with the service.

Author Content

Author content refers to any content or material you upload, post, submit, contribute or display on or via the Service (within your network or otherwise, including interacting with other users and other people’s content), including, but not limited to, blog posts, comments, recommendations, forums, photos, videos, music, sounds, images, text, files, listings, links, logos, trademarks, postings, messages, albums and any other content submitted accompanying any of those mentioned.
You remain the sole proprietor of your content and any other information that’s uploaded by you to the Skwibble platform. After posting your content, you continue to retain any ownership of copyright and other intellectual property rights subsisting in your content (unless any part of that content is owned by a third party who has given their express permission for their material to be used), and you continue to have the right to use and license your content in any way you choose. All other content included on our Service (including all user-facing material, and all underlying content such as code, software and databases) and the copyright and other intellectual property rights subsisting in that content, unless specifically labelled otherwise, belongs to or has been licensed by Skwibble. All content is protected by applicable United Kingdom and international intellectual property laws and treaties.
The content of blogs, posts, comments and other author generated content on our Service and the copyright and other intellectual property rights subsisting therein, unless specifically labelled otherwise, belongs to or has been licensed by the user who posted such materials. All such content is protected by applicable United Kingdom and international intellectual property laws and treaties. You may copy and share (reblog) portions of other users’ posts and comments within our Service, provided that they form part of your secure Playpen network​[KB1] ​. In view of this functionality, users should be aware that their content may be shared outside their Playpen network where other members of their Playpen network choose to share such content with members of another Playpen network to which they belong.
The content that you upload to the Skwibble service must comply with our standards for use of the Service. At any point, you can remove your content from Skwibble and cancel your account and we do not retain any licence rights.
By posting your content and comments on the Skwibble platform, you grant us a non-exclusive, unconditional, perpetual, worldwide, royalty-free, unrestricted and transferable right and license to:
(i) Use, distribute, access, store, cache, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, publicly perform, display, sub-licence and otherwise exploit your content and network data (a) for the sole purpose of operating and promoting the Service and making your content and network data available on the Skwibble platform service and in all current and future media in which the Skwibble service may now or in future be distributed or transmitted (subject to our privacy policy and any privacy settings you activate on your account) or (b) for our internal business purposes so that we may derive metrics and analytics relating to your content and network data (as more fully described in our privacy policy); and
(ii) Disclose any such metrics and analytics regarding your content and network data for marketing and business development purposes (as more fully described in our privacy policy). If you wish to grant users or the general public additional licenses to your content, please include the licence terms with your content. This license will terminate at the time you remove your content from the Skwibble service. Without limiting the aforementioned, you agree that content you remove may persist for a reasonable amount of time in back-up copies (but these copies will not be available to others).
If you are a business user​:
(iii)​ ​We exclude all implied ​conditions​, warranties, representations or other ​terms​ that may apply to our website or app including any content on it.​

(iv) ​We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
● use of, or inability to use, our site; or​

● use of or reliance on any content displayed on our site.​


(v)​ ​Inparticular,wewillnotbeliablefor:
● ​loss of profits, sales, business, or revenue;​

● business interruption;​

● loss of anticipated savings;​

● loss of business opportunity, goodwill or reputation; or​

● any indirect or consequential loss or damage.​

If you are a consumer user:
Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We also have no liability to you for any loss of data (including but not limited to your own content such as images and blogs) caused by you failing to correctly follow instructions or to have in place the minimum system requirements advised by us.
You warrant that any contribution you make to our Service when making use of a feature that allows you to upload content complies with the standard set out in these terms and conditions, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in these terms and conditions.
You waive all rights to any claim against Skwibble for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights, and rights of attribution in connection with your content and material, and you acknowledge and agree that you are not entitled to receive any compensation for any material that you submit, upload, or transmit in connection with our Service.
We won't be legally responsible to anybody for the material that you upload to the Service, and we can remove it at any time and without prior notice if we think it doesn't follow the standards set out in these T&Cs or if anyone claims to own your content or says that it breaches their rights (and we can give them your identity). Furthermore, you agree that should your content be removed from the Skwibble Service due to a violation of our Terms of Service, it may continue to be stored by us and Skwibble has the right to use and reproduce your content in any manner without restriction, including in response to any summons or other judicial or administrative order, to assist UK government law enforcement agencies or otherwise as required by law and to protect the rights, property or safety of Skwibble, any user or individual, or the general public.
You remain solely responsible for any content you publish. You are responsible for making sure, and you represent and warrant that: (a) you own the content posted by you on or through the Service or otherwise have the right to grant the necessary rights and licences to your content and network data as set out in these T&Cs; and (b) the posting and use of your content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights. You understand that whether or not your content is published or marked private by you, Skwibble does not guarantee any confidentiality or privacy with respect to any of your content or network data. You agree to reimburse and indemnify us for any costs or expenses we incur arising from your author content or for any breach of the T&Cs.
We will try to assess risks on the Service and will moderate our interactive services if we think it is appropriate. Please note, however, that we are not required to moderate our interactive services.

Skwibble Content

Skwibble content refers to content ‘owned’ by us. With the exception of author content, we are the owner or licensee of all intellectual property rights in the Service (for example the copyright and any rights in the designs) and in any of the material posted on it. They are protected by copyright. The Skwibble name and logo are trademarks of us, and may not be copied, imitated or used, in whole or in part, without our prior written permission. As the owner, we have the exclusive right to use all aspects of the service, including copy, software, graphics, designs, photographs, and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein.
However, in some instances, third-parties may have given us permission to display content on their behalf, including Author Content. In accordance with the terms of this service, you agree not to replicate, distribute, modify or plagiarise works of any materials without the prior written consent of the owner of such materials.
We reserve the right to introduce charges for using the Service, including where you order one of our personalised story books (which is a feature we will be offering in the future). We will always notify you of the introduction of any fees in advance and give you the opportunity to cancelling your account if you do not agree to them.
If any charges are introduced to our Service and you purchase any products from us for a charge, y​ou will have a legal right to change your mind within 14 days and receive a full refund. These rights arise under the Consumer Contracts Regulations 2013.
If your product is ​goods, for example a personalised story book, the Consumer Rights Act 2015 states that goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to an immediate refund if your goods become faulty within 30 days.

Links

You are allowed to make a legal link to our website's homepage from your website if the content on your site meets our content standards (as set out in these T&Cs). We can end this permission at any time. You mustn't suggest any endorsement by us or association with us unless we agree to this in writing.
Our service could potentially feature links to other platforms, including websites, which are not affiliated with the Skwibble service. It’s possible that other platforms, including websites, could also feature links to our service. Links from our Service to other sites are only for information.
It’s recommended that if you leave the Skwibble service, you should refer to the terms and conditions and privacy sections of any site or platform that you’re accessing. We have no control over the practices or the content of other service providers and we don't endorse them or accept responsibility for other sites or any loss you suffer from using them.

Your Passwords

Any passwords and other identification codes and security information set across your account remain your responsibility, and you must treat them as confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information. It’s recommended that you utilise ‘strong’ passwords, which incorporate a combination of the following - upper and lower case letters, numbers and symbols.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these ​terms​ of use.
Should a breach of your account occur, you must inform Skwibble immediately as we will not be held liable for any unauthorized access to your account. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hello@skwibble.com

How to complain about content uploaded by other users

If you wish to complain about content uploaded by other users, please contact us on [insert email].

Terminating your Skwibble Account

Termination of your Skwibble account will result in complete closure, including the deletion of all content. However, should you choose to terminate your account, please be advised that you will not be able to recover any content uploaded onto the Skwibble service.

Skwibble Security

We follow our privacy policy in handling information you submit to the Service. You can read our privacy policy ​here​. You can choose who can view your content and activities, including your photos, as described in the privacy policy. While every effort is made to protect your personal information against unauthorised third-party access, Skwibble cannot 100% guarantee that our security measures are impenetrable to attacks by persons intending to use your personal information improperly.
By uploading personal information on Skwibble, you acknowledge that you’re doing so at your own risk.

Indemnity

You agree to indemnify Skwibble and any persons or entities affiliated with us against any claims, costs or expenses (including solicitors’ fees and costs) demands, losses and liabilities, which occur as a result of or in connection with your misuse of the Service, any material or content that you upload, post or transmit to or through the Service or you breaching our terms and conditions or any laws, rules or regulations applicable to our service, including in relation to any claims brought by any third party or other users.

Disclaimer

While every effort is made by Skwibble to ensure that the Service is available as much as possible and that information on and regarding our Service is accurate and up-to-date, we make no guarantees pertaining to content accuracy or completeness and there may be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades. We accept no liability or responsibility in respect of errors or omissions in relation to the content published on or about our Service.
By using the Service, you do so at your own risk. The Service refers to all content available or accessed via our website or app. The content is provided 'as seen’ and Skwibble gives no guarantees and makes no representations of any kind concerning the content will always be available.
We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any blogs, posts, or comments submitted by users. Any such opinions, views, or values are those of the relevant user, and do not reflect our opinions, views, or values in any way.
Additionally, as far as legally possible, we make no express or implied guarantees, representations, warranties or promises in relation to the Service including, without restriction, non-infringement, title, merchantability or fitness for a particular purpose. We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes.
No guarantee is made by us that the functions of the service, along with any materials or content forming part of the service, will be free from disruptions or errors or that any disruptions and errors will be rectified.
Equally, we do not guarantee that the Skwibble service and the server that supplies the service, is free from viruses, bugs, or other technical malfunctions or harmful material. Skwibble does not accept liability for use of its Service, including, without restriction, the content and any errors that occur within the content.
Skwibble accepts no responsibility for use of its service that results in lost profits, lost data, lost opportunities, loss of goodwill, damage to your equipment or devices, exemplary, punitive, special, incidental, indirect or other consequential damages, or for any other loss to you arising from use of our Service, whether or not such loss or damage was foreseeable, foreseen or known. However, we don't exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.

Variations

We change these terms from time to time and you must check them for changes because they are binding on you. Unless we make a change for legal or administrative reasons, we will provide reasonable advanced notice before the updated terms ("Updated Terms") become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these T&Cs and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward.

Trademark

UK00003147468 is our UK Registered trademark.

Applicable Law

The English courts have the only right to hear claims related to our Site, and all disputes are governed solely by English law.

Communications

If you have an account, we may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these T&Cs, and changes to your account. We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by us include an unsubscribe link.
Please email us at ​hello@skwibble.com to contact us about any issues you encounter with the Service.
Further, if you have any complaints you want to make regarding any other user or any complaints about contents, images, videos and audios published on the Site, then please contact us at ​hello@skwibble.com. ​The first aspect of our complaints handling procedure is to take some of the details of the complaint and then proceed to address each complaint by e-mail to you. If you are still not satisfied with the way in which we have handled your complaint, you can contact us by telephone and we will provide you he relevant number by e-mail to you.

General

If any provision of these T&Cs is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Our failure to insist upon or enforce strict performance of any provision of these T&Cs will not be construed as a waiver of any provision or right. No waiver of any of these T&Cs will be deemed a further or continuing waiver of such term or condition or any other term or condition.