Terms of Service
Favour Up Limited (“FavourUp”, “we”, “us” and terms of similar meaning) provides this web site and the services provided by or through this web site to you subject to these terms and conditions of use (these “Terms”).
In these terms we call this web site, any successor web sites (together, the “Site”) and the software we provide the “Application”. The Application includes your use of the FavourUp API, and we refer to the services provided by the Application as the “Services”.
Please read these Terms carefully before using the Services. By accessing or using the Services you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Services.
FavourUp reserves the right to terminate your license to use the Site and Services at any time and for any reason. FavourUp may change, suspend or discontinue your use of the Site and Services for any reason at any time, including discontinuing the availability of any feature, database or content.
You are solely responsible for your use of the Services. You certify to FavourUp that you are at least 18 years of age. You also certify that you are legally permitted to use the Services and access the Site.
FavourUp facilitates the access of user photos, text, graphics, audio, video, location information and comments (“Mentioned Content” or “User Generated Content”) to websites and other digital properties operated by Brands, for use by the Brands in marketing, promotional, advertising and other customer engagement channels, as well as the collection of Mentioned Content from social media sites on behalf of Brands. Brand properties and the content residing thereon, and Brand business practices and privacy policies are not under FavourUp’s control, and FavourUp is not responsible for and makes no claims regarding the accuracy or legality of any Mentioned Content, Brand Content or anything therein. The inclusion of Mentioned Content on the Site or Services does not imply FavourUp’s endorsement of or any affiliation with you, the Mentioned Content, or any Brand featured in such Mentioned Content.
In these Terms the content available through the Services, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”. Content provided by brands themselves is called ‘Branded Content’. Content provided by Users with brands mentioned or photo tagged in is called “Mentioned Content”.
FavourUp’s only right to that Branded Content and Mentioned Content is the limited licenses to it granted in these Terms.
Other than the Mentioned Content, the Services, all Content and all software available on the Services or used to create and operate the Services is the property of FavourUp or its licensors, and is protected by England and International copyright laws, and all rights to the Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by FavourUp.
Your use of Branded Content and Mentioned Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your Mentioned Content may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any Mentioned Content posted or stored on the Services, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any Mentioned Content you post or store on the Services. If you provide Mentioned Content to us by signing up on FavourUp and/or authorise third parties to access your Mentioned Content through the Services, you agree that we are permitted to use the Mentioned Content in the manner contemplated in these Terms and by the Services, and that we are permitted to provide to the Mentioned Content to those third parties, and also agree that we have no responsibility or liability for their use of such Mentioned Content.
The FavourUp Site and Services contain proprietary information owned by FavourUp, including, but not limited to, text, software, photos, video, graphics and the entire contents of the FavourUp Site and Services, protected by copyright, trademark and other intellectual property laws. The Licensed Parties’ properties contain proprietary information owned by or licensed to the Brand or its retail partner, and protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of FavourUp and the Licensed Parties by using the FavourUp Site or Services.
YOUR LIMITED LICENSE OF YOUR MENTIONED CONTENT TO FAVOURUP
We do not claim any ownership interest in your Mentioned Content, but we do need the right to use your Mentioned Content to the extent necessary to operate the Site and provide the Services, now and in the future.
Therefore, by accessing or distributing Mentioned Content to or through the Services, you (a) grant FavourUp and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such Mentioned Content, in the manner in and for the purposes for which the Services from time to time use such Mentioned Content; (b) represent and warrant that (i) you own and control all of the rights to the Mentioned Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that Mentioned Content, to or through the Services.
You acknowledge that we have no control over their usage of your Mentioned Content.
NO RESPONSIBILITY FOR THIRD-PARTY MATERIAL
The Site may contain links to third-party Web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information, payment processors and other payment intermediaries that you may use in connection with your use of the Services. You use links to Third-Party Sites and any Third-Party Content or service provided there, at your own risk.
FavourUp makes no claim or representation regarding Third-Party Content or Third-Party Sites, and provides them or links to them only as a convenience. Inclusion in the Services of a link to a Third-Party Site or Third-Party Content does not imply FavourUp's endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. FavourUp accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Services. When you leave the Services, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
USE OF INTERACTIVE AREAS AND THE SERVICES
The Services may include discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews or other content, messages, materials or other items on the Services (“Interactive Areas”). If FavourUp provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. Mentioned Content gained from your use of FavourUp to any public area of the Services will be considered non-confidential. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
- ANY MESSAGE, DATA, INFORMATION, TEXT, MUSIC, SOUND, PHOTOS, GRAPHICS, CODE OR OTHER MATERIAL THAT IS UNLAWFUL, LIBELOUS, DEFAMATORY, OBSCENE, PORNOGRAPHIC, INDECENT, LEWD, SUGGESTIVE, HARASSING, THREATENING, INVASIVE OF PRIVACY OR PUBLICITY RIGHTS, ABUSIVE, INFLAMMATORY, FRAUDULENT OR OTHERWISE OBJECTIONABLE;
- CONTENT THAT WOULD CONSTITUTE, ENCOURAGE OR PROVIDE INSTRUCTIONS FOR A CRIMINAL OFFENSE, VIOLATE THE RIGHTS OF ANY PARTY, OR THAT WOULD OTHERWISE CREATE LIABILITY OR VIOLATE ANY LOCAL, STATE, NATIONAL OR INTERNATIONAL LAW;
- CONTENT THAT MAY INFRINGE ANY PATENT, TRADEMARK, TRADE SECRET, COPYRIGHT OR OTHER INTELLECTUAL OR PROPRIETARY RIGHT OF ANY PARTY;
- CONTENT THAT IMPERSONATES ANY PERSON OR ENTITY OR OTHERWISE MISREPRESENTS YOUR AFFILIATION WITH A PERSON OR ENTITY;
- UNSOLICITED PROMOTIONS, POLITICAL CAMPAIGNING, ADVERTISING OR SOLICITATIONS;
- PRIVATE INFORMATION OF ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ADDRESSES, PHONE NUMBERS, EMAIL ADDRESSES AND CREDIT CARD NUMBERS, UNLESS THAT THIRD PARTY HAS EXPRESSLY CONSENTED TO SUCH USE;
- VIRUSES, CORRUPTED DATA OR OTHER HARMFUL, DISRUPTIVE OR DESTRUCTIVE FILES;
- CONTENT THAT IS UNRELATED TO THE TOPIC OF THE INTERACTIVE AREA(S) IN WHICH SUCH CONTENT IS POSTED; OR
- CONTENT THAT, IN THE SOLE JUDGMENT OF FAVOURUP, IS OBJECTIONABLE OR WHICH RESTRICTS OR INHIBITS ANY OTHER PERSON FROM USING OR ENJOYING THE INTERACTIVE AREAS OR THE SERVICES, OR WHICH MAY EXPOSE FAVOURUP OR ITS AFFILIATES OR ITS USERS TO ANY HARM OR LIABILITY OF ANY TYPE.
- FINALLY, FAVOURUP HAS A “ZERO-TOLERANCE” POLICY TOWARDS SPAM: YOU MAY NOT USE THE INTERACTIVE AREAS OR THE SERVICES GENERALLY TO SEND COMMERCIAL OR OTHER MESSAGES TO ANY THIRD-PARTY IF THOSE MESSAGES ARE NOT SOLICITED, AUTHORIZED OR WELCOMED BY THE THIRD-PARTY, AND IN YOUR USE OF THE SERVICES YOU MUST COMPLY WITH ALL APPLICABLE LAWS, INCLUDING LAWS THAT APPLY IN ANY JURISDICTION TO SPAM AND MARKETING PRACTICES, AND WITH ANY APPLICABLE MARKETING ASSOCIATION GUIDELINES ON ETHICAL MARKETING PRACTICES.
Any use of the Interactive Areas or other portions of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. FavourUp may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of FavourUp, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and FavourUp regarding your use of the Site, the Content and the Services, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and FavourUp regarding your use of them. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only.
Effective: 25 Aug 2018