END USER LICENCE AGREEMENT – SHIGGLE
ANY PERSON OR ENTITY ("User" or "You") USING OR OTHERWISE ACCESSING THE SITE AT ("Site") OR THE APP KNOWN AS "SHIGGLE" ("App") OR ANY OF THE INFORMATION CONTAINED WITHIN THE SITE AND/OR THE APP MUST AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS END USER LICENCE AGREEMENT ("Agreement").
1. Contracting parties
The Site and the App, together with all content, data and other materials contained therein (other than User Content) ("Content") are owned or controlled by Shiggle Limited, a company registered in England with its registered office at 84 Clarendon Road, London, United Kingdom, SW19 2DY, UK. Shiggle Limited is referred to in these terms and conditions as "we", "us", "our" or "Shiggle". When you register with (or otherwise access) the Site or the App to become a Registered User, you are contracting with Shiggle. Following your successfully registration, Shiggle grants you the right to use the Site, App, Content and User Content in compliance with this Agreement (and any failure by you to comply with the terms herein may result in revocation of such licence). You must be 18 years of age or older to register or use any of the services available via the Site or the App. By continuing to use such services, you are warranting that you are at least 18 years old and you have the authority to enter into this Agreement. For the avoidance of doubt, you must be a human to use the Site or the App (and any use by "bots" must be done in accordance with the robots.txt rules and is permitted only by search engines for the purpose of indexing our pages).
You agree: to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the Site, the App or any Content; to not do anything which would assist anyone who is not a Registered User to gain access to any secured area of the Site or the App, and; to not create additional registration accounts for the purpose of abusing the functionality of the Site, the App or any Content, or other Users, or to seek to pass yourself off as another User, or to impersonate any other third party. If you think someone else has obtained your account details, please let us know immediately via firstname.lastname@example.org and we will close your account as quickly as possible. You will be deemed responsible to Shiggle and to others for all activity that occurs under your account.
3. The Shiggle Service
The Shiggle service available via the Site and the App allows users to make and place bets with and against other Registered Users, and to pay for and receive winnings from those bets ("Service"). Users may post text, graphics and other items of content to the Service ("User Content"). You agree to use the Service strictly in accordance with the Shiggle procedures and rules as posted on the Site from time to time. The Site, the App and the Service are intended only for the purposes specified or implied therein, and your use of thereof is entirely at your own risk. The Service is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. When using the Service and particularly when interacting with other Users, you should exercise caution and common sense, just as you would when otherwise interacting with other persons that you do not know personally. By using the Service you agree to hold Shiggle harmless from any liability or damage arising out of any transaction or interaction between you and any other User. Please note that this Agreement is void where prohibited (including the USA, the Netherlands, Turkey and Switzerland).
The Site, the App, the Content and the User Content are each intended only for the purposes specified or implied therein, and your use thereof is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. Shiggle, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Site, the App and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site, the App or the Content in any form (including storing it in any medium) other than as expressly allowed herein or as set out in the Site and the Content (or under UK or local law). Save as expressly set out in this Agreement, the Site, the App and the Content are for your personal use only, and are not for re-distribution, transfer, assignment or sublicense.
5. User Content
By uploading your own content and information to the Site and/or the App (including, without limitation, reviews and comments) ( "User Content") you hereby grant to Shiggle a worldwide, non-exclusive licence to use that material on the Site and the App, for all purposes of providing the Service and for reasonable promotional purposes. You further agree to waive your moral rights for the purposes of this license. Where necessary, we reserve the right to cut, edit or arrange your uploaded material as necessary in our discretion. Unless you have requested otherwise, your name may be published alongside your material. For the avoidance of doubt, you acknowledge and agree that any content you upload to Shiggle may be exhibited on other services including YouTube, Facebook, Instagram and/or Twitter, and that users of those other sites/apps may share your content elsewhere in accordance with the relevant third party service terms or otherwise. You further acknowledge that Shiggle may not have the right to ensure any takedown of your content from third party sites. If you do not want to grant these rights (and if you do not want your content to appear on Shiggle and/or YouTube, Facebook, Instagram, Twitter and other distribution services), please do not submit material to the Site or the App. You warrant and represent that you have (and will continue to have during your use of the Service) all necessary licences, rights, consents, and permissions which are required to enable Shiggle to use your content for the purposes stated above and that you personally created all content (and all materials contained within content) that you upload to the Site and/or the App, and that you own or control all rights in your content. You acknowledge and agree that, while Shiggle reserves the right to remove any item(s) of content from the Site and/or the App at any time, Shiggle shall not be responsible for issuing “Take Down Notices” to any third party site (including YouTube and/or Facebook) and Shiggle shall have no liability for the posting of any content to a different platform by another user or any third party. Shiggle shall have the right (but not the obligation) to accept or refuse to accept and item(s) of User Content for inclusion on the Service and/or to remove any such item(s) from the Service for any reason at any time.
6. User Code of Conduct
You agree to obey all applicable laws in using the Site and the App, and agree that you are responsible for the contents and/or communications you share or initiate via the Site and the App. You agree that you are responsible for everything that you post or transmit to or via the Site and the App and you agree (in relation to the Site and the App):
not to post or share content which you do not have the right to use or which infringes the rights of a third party;
not to post or share content or participate in any form of activity which is unlawful, harassing, libellous, defamatory, abusive, threatening, amounts to bullying or intimidation of others, harmful, vulgar, obscene, profane, sexually-oriented, racially-offensive or otherwise includes objectionable material;
not to register more than one account for yourself or anyone else;
not to post or share content that contains software viruses or any other computer code, files, or programs, devices, scripts, bots, crawlers or scrapers that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
not to abuse other Users or anyone else;
not to publish your own (non-Shiggle) contact details or those of anyone else;
not to publish private information about yourself, other Users or anyone else;
not to post or share content intended to be used for a commercial purpose of any kind, other than for purposes relating directly to the Service, and not to use the Site or the App to engage in any commercial activities not expressly approved in writing by Shiggle;
not to post or share content of the same nature in multiple Site or App locations so as to be a nuisance to, or amount to spam for, other Users;
not to post or share content that contains anything which could be used to determine or alter the architecture of the Site and/or the App, or could be used to decompile, disassemble, or reverse engineer the Site and/or the App;
not to use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from Shiggle; and/or
not to attempt to gain unauthorised access to Shiggle’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service;
You acknowledge and accept that when you post or share content using Shiggle, you may be exposed to comments or critical submissions from other users that are unfair, inaccurate, offensive, indecent, or otherwise objectionable to you and you hereby waive any rights or remedies you have or may have against Shiggle with respect to any such comments or submissions. You further acknowledge and agree that Shiggle reserves the right to disable or remove any content from the Site and/or the App at any time.
You acknowledge and agree that Shiggle shall charge and receive a commission for provision of the Service. Prices are as set out on the relevant pages of the Site and App from time to time. Prices (and availability of specific Products) are subject to change by posting new prices or notification of availability. All prices are inclusive of VAT (or sales tax) unless otherwise stated. All amounts paid by you are final and non-refundable, unless otherwise determined by Shiggle. Please note that use of the Site and App may be subject to data charges imposed by your internet or mobile phone provider and you will be responsible for payment of any such charges. Payments may be made by credit or debit card using Visa, MasterCard or PayPal (or other payment methods offered from time to time as detailed on the Service). All transactions are charged immediately. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If your card issuer refuses to authorise payment, your order will be cancelled and we will not be liable for any delay or non-delivery. We are not responsible for your card issuer or bank charging you as a result of us processing of your credit/debit card payment in accordance with your order nor are we not obliged to inform you of any reason for refusal. By using your credit or debit card, you confirm that the card belongs to you and that there are sufficient funds or credit available to cover the charges. Please note that international payments and certain payment methods may give rise to higher payment processing costs.
8. Cancellations, Refunds and Disputes
You may cancel a transaction made via the Service by email, or via the Site or the App provided such cancellation is received by Shiggle and the relevant other User(s) before such other User(s) accept the transaction. If any dispute arises in relation to a particular transaction (or if you are otherwise dissatisfied, either being a "Dispute"), Shiggle may, without obligation, choose to mediate or arbitrate the Dispute in pursuit of a resolution. Notwithstanding any such alternative resolution process, any and all Disputes must be resolved between you and the relevant other User(s). Any refund request will be considered in our sole discretion and our decision will be
9. No Endorsement by Shiggle
We do not pre-screen or monitor and therefore do not endorse (and we expressly disclaim any and all liability in connection with) any User Content or any other materials shared or exhibited or otherwise exploited by users. However, we have the right at our sole discretion to remove any content of any kind that, in our judgement, does not comply with this Agreement and any other rules of User conduct for the Service, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
10. Objectionable Material
If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on or via the Site or the App, please immediately report such material (and the specific URL and location where it can be found) to email@example.com. Please note that there may be adverse legal consequences if you make a false or bad faith allegation through this process.
11. Termination of this Agreement
Shiggle may at any time terminate this legal Agreement, in our sole discretion without prior notice to you and without liability to you, if we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable. You acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
You agree that the liability of Shiggle to you hereunder shall be limited to the amount you have actually paid to Shiggle for its products or services hereunder of, if greater, UK£100. No claim may be bought by you more than two years from the event triggering the claim. Except as set out herein, Shiggle shall not be liable for any indirect, consequential, incidental, special or exemplary damages (including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, even if we have been advised of the possibility of such damages) arising from your use of the Site, the App or the Service or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury or fraud caused by negligence of Shiggle. Where promotions, products or services are offered by third parties via links on the Service and you choose to access or buy or use any such offer, you do so on such third party's terms and at your own risk and Shiggle shall have no liability to you of any kind in respect or in connection with any such third party offers. NEITHER SHIGGLE NOR ITS AFFILIATES/LICENSORS SHALL BE LIABLE NOR HELD RESPONSIBLE FOR THE CONDUCT (WHETHER ONLINE OR OFFLINE) OF AND/OR ANY DAMAGE CAUSED TO YOU BY ANY OTHER USER OF THE SERVICE.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW IN YOUR TERRITORY, ALL SHIGGLE PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SHIGGLE MAKES NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY YOU FROM THE SITE OR THE APP, FROM US, OR FROM ANY THIRD PARTIES' WEBSITES TO WHICH THE SITE OR THE APP IS LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THE USE OF THE SERVICE, THE SHARING OF CONTENT, OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT VIA OR OTHERWISE IN RELATION TO THE SITE OR THE APP OR THROUGH THIRD PARTIES' WEBSITES, IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER DEVICE OR SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
You agree to indemnify Shiggle for any loss or damage that may be incurred by Shiggle, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the Service. You further undertake to indemnify Shiggle for all loss or damage incurred by Shiggle in relation to any third party claim against Shiggle for infringement of intellectual property rights arising in relation to your provision of materials to the Site, the App and/or the Service.
15. Trade Marks
The brands, products and service names used in the Site, the App and the Service (including without limitation, "Shiggle”) are trademarks or trade names of Shiggle or its trading partners unless otherwise stated.
You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere" and "Interferences")) with the Site, the App and/or the Service in any manner including Interferences that target an individual User. If you in any way Interfere with of these, you agree to pay all damages we incur as a result. Shiggle will cooperate with the authorities in prosecuting any User who Interferes with the Site, the App or the Service or otherwise attempts to defraud Shiggle or any other parties through your use of the Site, the App or the Service. Shiggle reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block your access, monitor your content and force forfeiture of a user name, and at our sole discretion to disallow your continued use of the Site, the App and/or the Service. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
17. No Partnership
Your use of the Site, the App and/or the Service creates no partnership, client, fiduciary or other professional relationship.
18. Entire Agreement
This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no
understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
19. Force Majeure
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control.
If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
21. No Waiver
No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.
This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site and/or the App. Your continued use of the Site, the App or the Service constitutes agreement with and acceptance of any such amendment or other changes. We constantly experiment and innovate with the Site and the App in order to provide a better experience for Users and you hereby acknowledge and agree that the form and nature of the Service may change from time to time without prior notice to you.
23. Law and Jurisdiction.
This Agreement shall be governed by and construed in accordance with the laws of England. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Courts of London, England.
24. Contacting Us
If you have any questions, complaints or comments, please contact us at the following address: Shiggle Limited, 84 Clarendon Road, London, United Kingdom, SW19 2DY, UK, or email us via firstname.lastname@example.org .