Shooglebox Terms of Service

By using the Shooglebox web site or mobile application (“Service”) you are agreeing to be bound by the following Terms and Conditions, and by our Privacy Policy.

Shooglebox is managed by IMP Media Limited (“we”, “us” “our”), a company registered in the UK whose registered office is at Priory Park, Great North Road, Aberford, Leeds, LS25 3DF, United Kingdom. Our registered number is 5958961. Our VAT number is: GB894999522.

 

We comply with Data Protection laws in the United Kingdom and the EU General Data Protection Regulation. Our ICO register number is Z9868126.

 

If you wish to contact us about Shooglebox or have any other question, please contact us at info@shooglebox.com or by post at Shooglebox, Priory Park, Great North Road, Aberford, Leeds, LS25 3DF, United Kingdom.

 

These Terms and Conditions (“Terms”) constitute a contractual agreement (“Agreement”) between us and you, so please take time to review them.

 

If you are using the Service for an organisation, you are entering into this Agreement on behalf of that organisation.

Setting up an account

 

When you set up an account and agree to the Terms, we grant you a limited, non-exclusive, non-transferable licence to use the Service.

 

You must provide us with your full name, a valid email address and be aged 16 or over to use the Service. You must not impersonate or try to impersonate another person when providing us with information.

 

Accounts set up by ‘bots’ or any other automated methods are not permitted. If we identify that an account has been set up by such a method we will close the account.

 

You are responsible for maintaining the security of your account, username and password, and for any activity on your account. We will not be liable for any loss or damage arising from your failure to keep your account secure. If you suspect that anyone has accessed your account without authorisation, you should immediately notify our customer support team.

 

You must have a valid email address registered with us at all times. If an email we send to you bounces for some reason, the relevant username or account may be temporarily suspended until you provide us with a verifiable address.Your Shooglebox login must only be used by one person. A single account shared by several people is not permitted.

 

When you provide information about you in respect of your account, you consent to us processing that information for the purpose of providing the Service and you must ensure that all the information you provide is accurate and up to date.

 

If you provide us with any personal information relating to any third parties (such as, your colleagues, contractors, employees, employer or other individuals) you must ensure that you;

  • have their consent or other lawful right to share such personal data with us;

  • make them aware that their personal information is to be shared with us; and

  • provide them with appropriate information about how their personal information may be processed by us.  

 

Team accounts

 

A Team account allows organisations or groups to set up a shared space where teams can collaborate and share cards and boxes.

 

Each Team account requires an account administrator (Administrator) to take responsibility for managing the account, setting up payments, and ensuring all team users are aware of, understand and comply with these Terms.

 

If you are the Administrator you must, and each team users must, comply with these Terms and any of your own organisation’s relevant terms and policies.  If there is any conflict between these Terms and your organisation's terms and policies, then these Terms will apply. As the Administrator you must have the right to represent the organisation in setting up the account and agreeing to these Terms.

 

Your Administrator may be able to access information in your Team account (including information on the individuals using the Team account) and restrict, suspend or terminate your access to the Team account.

 

As a user of a Team account, you will also be provided with a personal Shooglebox account using the email address supplied by the Administrator. 

 

If you are removed from a Team account, you will continue to have access to your personal account providing that you still have access to the email address associated with that account.

 

Paid Accounts

 

You can upgrade to a Shooglebox Premium account or a Team account (“Paid Account”) to increase your storage space and get additional paid features and support. These additional items are described here.

 

We will bill you from the date you upgrade to a Paid Account and thereafter on a monthly or annual basis (as you select) until the Paid Account is ended or cancellation. The charges will be billed in advance and we will charge the card or account you have provided to us and our payment processor. 

 

You may cancel your Paid Account within 15 days of your Paid Account being opened by e-mailing us at: support@shooglebox.com. We will refund any charges you have paid for this Paid Account .

 

The charges for Paid Accounts may change over time and we will inform you at least 30 days’ before any change takes effect. If you do not wish to accept the new charges, please cancel close your Paid Account before they become effective.

Your Content

 

Shooglebox is a creativity tool that lets you upload, store, create and explore your notes, sound recordings, photos, videos, web links and other information and material (“Your Content”).

 

You are responsible for anything you upload to Shooglebox and you retain all rights over Your Content except for the limited rights that enable us to provide the Service. 

 

You grant us and trusted third parties permission to process, host, back up and reproduce Your Content for the purposes of operating the Service – including modifying Your Content for technical purposes, such as, optimising for different sizes of device screens. 

 

The Service also allows you to share some or all of Your Content with other users of the Service. You are in control of and responsible for what you choose to share, so please ensure you have the rights to share any content and be careful about who you share it with.

 

You represent and warrant that you have the full legal rights and authority to upload all of Your Content.

 

You must not upload or share material that; is obscene, fraudulent, defamatory or that violates the privacy or infringes the rights of others including, but not limited to, intellectual property rights.

 

In operating and providing the Service, we do not monitor or review Your Content – but we reserve the right to do so for the purpose of responding to complaints or legal requests and to ensure your compliance with these Terms and all applicable laws. We reserve the right to remove or prevent access to anything that violates these Terms, which includes deleting any of Your Content which we consider was uploaded or is shared in breach of these Terms.

Copyright

 

We respect the intellectual property of others and we expect you to do the same.

 

We will respond to any notice from copyright owners if they believe content on the Service infringes their rights. If you believe anything on the Service infringes your rights please tell us by completing this form or by email to report.misuse@shooglebox.com or by writing to: Shooglebox, IMP Media Limited, Priory Park, Bunkers Hill, Leeds, LS25 3DF, United Kingdom.

 

We may suspend or remove content alleged to infringe other people’s rights and to restrict, suspend or terminate the account of anyone who repeatedly or significantly infringes. We may be ordered to provide your name and email address to any third party which alleges that any of Your Content infringes their rights.

 

You will fully indemnify us for and against any damages, losses, costs or claims and legal costs incurred by us in connection with any claim or proceeding relating to an allegation or finding that any of Your Content infringes the rights of a third party or your use of the Service otherwise breaches these Terms and causes loss or damage to a third party. We may settle any such claim or proceeding with a third party on any terms we consider reasonably appropriate.

 

The Service, software and visual design was created by and belongs to IMP Media Limited. You must not attempt to modify, decompile or otherwise attempt to extract source code from the Service, unless you are permitted to do so by us, under an open source licence or other legal permission.

 

Using the Service

 

Your use of the Service is at your sole risk. 

 

We do everything we can to ensure the reliability and availability of the Service but make no claims or warranties regarding availability levels. You are responsible for making all arrangements necessary for you to have access to the Service (such as, by ensuring you have an available internet connection). As the Service will be providing and/or receiving Your Content please ensure that you only access the Service through a secure and private connection. We are not responsible if a third party gains access to your username, password or account if you use an unsecure connection.

 

You may not use the Service for any illegal or unauthorized purpose.

 

You must not upload, post or cause the transmission of unsolicited email or “spam” messages.

 

You must not upload, post or cause the transmission of any worms, viruses or other destructive code.

 

One of the features of the Service is a Surprise Me mode that presents you with a random selection of cards that might spark an unexpected connection. Some of these cards may include links to third party websites over which we have no control and for which we cannot accept responsibility.

 

Third party software

 

The Service may include the use software and tools supplied by third parties under contract, licence or through open source agreement. You may be required to enter into an end user licence agreement or other arrangement with the relevant third party rights owner. You must comply with the terms of such end user licence agreement.

 

We make no claims, warranty or other assurances regarding such third party software.

 

Service changes 

 

The Service is ever-evolving, and features and functionality may be changed, modified or discontinued without prior notice. 

Storage limits

 

You can store cards up to a total limit of 500MB on a free Shooglebox account.

 

The storage limit for a Paid Account is 75GB.

 

If you downgrade from a Paid Account to a free account, you must reduce your total storage below the 500MB limit. We will ask you to reduce your total storage and allow you 7 days before deleting cards and/or boxes at random to bring your account below the 500MB limit.

 

Termination

 

You may stop using the Service at any time.

 

If you delete your account, all of Your Content associated with that account will be permanently deleted and cannot be recovered. 

 

We reserve the right to suspend or terminate your access to the Service if you are in breach of these Terms or if you do anything that could risk harm or loss to us or others.

 

We reserve the right to delete your account, Your Content and other data if the account has not been accessed for two years unless it is a Paid Account or part of a Paid Account.

Discontinuation of Service

If for any reason we decide to discontinue the Service, we will inform you so that you can export Your Content.  

 

If we discontinue Service before the end of any term you have paid us for, we will issue a pro-rata refund.

Modifications

 

We may revise these Terms from time to time to reflect improvements or enhancements to the Service and commercial, regulatory or legal changes.

 

If any changes materially affect your use of the Service or your legal rights, we will inform you in advance by email. The revised Terms will come into effect no less than 30 days after the email.

 

If you do not wish to accept the revised Terms, please cancel your account before the date they become effective. If you cancel before the end of any term you have paid us for, we will issue a pro-rata refund.

 

By continuing to use or access the Service beyond that date you agree to be bound by the revised Terms.

 

Indemnification

 

You agree to indemnify us against any and all claims, losses, damages, expenses and costs (including legal fees and expenses) arising out of or in connection with your breach of these Terms and you use of the Service in breach of these Terms, except to the extent that we have breached these Terms or been negligent.

 

Disclaimer of warranties 

 

We provide the Service with reasonable skill and care and in accordance with all applicable laws and regulations.

 

We use reasonable endeavours to make the Service available 24 hours a day, seven days a week, except for routine and emergency maintenance. However, access to the Service is not guaranteed. From time to time we may withdraw or amend any of the Service without notice. We may vary the Service and we will not be liable if the Service or any part of the Service is unavailable at any time for any reason.

 

By accessing and using the Service, you acknowledge and agree that your use of the Service and all information and content included in or accessible from the Service is provided on an “as is” and “as available” basis. To the fullest extent permissible by law, we and our service providers disclaim all statutory or implied warranties, representations and conditions including, but not limited to, those as to quality, merchantability, fitness for purpose and non-infringement.

 

We do not warrant that the Service will be fit for any particular purpose or that it will be uninterrupted or error-free.

 

We are not responsible for the timeliness, accuracy, deletion, non-delivery or failure to receive or store any information, communications or personalisation settings.

Limitation of liability

Please read this section carefully, as it excludes or limits our liability for any losses suffered by you in connection with your use of the Service.

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or any other liability we cannot lawfully limit or exclude.

Otherwise, we will not be liable to you, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for the following types of loss whether direct or indirect and howsoever caused:

  • loss of profit;

  • loss of goodwill;

  • loss of business;

  • loss of business opportunity;

  • loss of anticipated saving;

  • loss or corruption of data or information;

  • any special, indirect or consequential damage or loss suffered by you (these are losses which are not a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time you accepted these Terms).

Subject to the above provisions, our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with these Terms and the Service will be limited to the charges you have paid to us in the preceding 12 month period.

You are solely responsible for any results obtained from the use of the Service, and for all conclusions you draw from such use. We have no liability for any damage caused by errors or omissions in any information provided to us by you or by third party users.

 

We will not be liable to you or any third party 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, inability to use or unavailability of, the platform (or any part of it);

  • Use of Your Content or any information accessed or obtained through or from the Service, obtained or accessed through the Service including use of or reliance on any content displayed on or made available through the Service;

  • Unauthorised access to or alteration of your transmissions or data, or

  • Any inaccuracy or incompleteness of any information received by you or by us through the Service.

Entire Agreement

These Terms constitute the entire agreement between you and us in relation to Shooglebox, and supersedes any other prior agreements. No other terms or provisions will apply unless confirmed in writing by one of our directors.

Controlling law

These Terms shall be governed by the laws of England and Wales. The English courts will have exclusive jurisdiction over any claim arising from, or related to, use of the Service unless you are an individual in another jurisdiction in which case you may use the courts of your country.

 

 

 

 

Last updated:  24th January 2020

© 2020 IMP Media