Terms of Service
1. ABOUT THIS TERMS OF SERVICE
2. USING Under the Stairs SERVICES
We give you and other Under the Stairs users the personal right (known legally as a 'license') to use Under the Stairs Services to display, view, download and use Under the Stairs Services. This license is for your personal use only. We can stop or suspend this license in some situations, which are explained later on.
3. INTELLECTUAL PROPERTY RIGHTS
Under the Stairs Services including (but not limited to) their graphics, computer code, user interface, look and feel, audio, video, text, layout, databases, data and all other content, and all legal and exploitation rights regarding them are either owned by us or we license them from third parties. All rights are reserved except as we have explained in this Terms of Service. You may not use or exploit any part of the Under the Stairs Services except as explained in this Terms of Service.
4. WHAT YOU CAN’T DO WITH Under the Stairs SERVICES
4.1 Please follow these rules:
(a) Only use Under the Stairs Services for your personal enjoyment (for example, don't use them to make money).
(b) Do not attempt to copy, rent, sell, lend, lease, sub license, distribute, publish or create derivative works of the Under the Stairs Services unless you’re allowed in this Terms of Service or by the law in your country.
(c) Do not hack, harm, grief, harass, threaten or misuse Under the Stairs Services, other users, Under the Stairs staff or other members.
(d) Do not modify, merge, distribute, translate, reverse engineer, or attempt to obtain or use source code of, decompile or disassemble Under the Stairs Services unless you are specifically allowed by applicable law.
(e) Do not create, use, make available and/or distribute cheats, exploits, automation software, robots, bots, mods, hacks, scripts, spiders, spyware, trainers, extraction tools or other software that interact with or affect Under the Stairs Services in any way (including, without limitation, any unauthorized third party programs that intercept, emulate, or redirect any communication between Under the Stairs or its partners and Under the Stairs Services and/or any unauthorized third party programs that collect information by reading areas of memory used to store information).
(f) Do not communicate or facilitate any commercial advertisement, promotion, spam or unsolicited messages through Under the Stairs Services.
(g) Do not interfere with the Under the Stairs or third party network software or other software including via tunneling, code injection, modifying or changing Under the Stairs software, using any other similar software together with Under the Stairs Services, through protocol emulation, or through creation or use of private servers regarding Under the Stairs Services.
(h) Do not use the names, logos or trade marks of “Under the Stairs” or other Under the Stairs names or logos or trade marks for any unauthorized purposes.
(i) Do not do anything in connection with Under the Stairs Services that infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other right of others, such as images, photographs, sound files, text files, graphic files, and any other material or information.
(j) Don't do or say anything in connection with Under the Stairs Services which is or may be considered racist, xenophobic, sexist, defamatory or otherwise offensive or illegal.
5. FEEDBACK OR SUGGESTIONS
You’re welcome to give us feedback and suggestions to improve Under the Stairs Services and we really value them all. However, just so we’re clear, we don’t have to use or accept them and we won’t owe you anything (financially or otherwise) regarding them.
6. THIRD PARTY CONTENT AND EXTERNAL SERVICES
You might get links to third party websites or content through Under the Stairs Services which aren’t connected to us. Using them is up to you – we’re not responsible for them, we can't promise they will work, what they'll be like or if they're free. Our partners may be subject to their own legal terms, compliance with which is your sole responsibility. They may also offer complementary features to Under the Stairs Services (such as digital money wallets)- again, this is a matter solely for you and them.
7. LIABILITY STUFF
This section DOES apply to you if you are a consumer resident in the European Union but it does NOT apply to you if you are a consumer resident anywhere else in the world (including the USA) OR if you are a business anywhere in the world.
7.1 We each warrant to each other that: (i) we have the right to enter this Terms of Service; and (ii) we will take reasonable care with the Under the Stairs Services; and (iii) we will use reasonable endeavors to comply with applicable laws in performing our obligations under this Terms of Service.
7.2 You represent and warrant that you have the full power and ability to enter into this Terms of Service and will follow fully its terms. Limitation of liability
This section does NOT apply to you if you are a consumer resident in the European Union but it DOES apply to you if you are a consumer resident anywhere else in the world (including the USA) OR if you are a business anywhere in the world.
7.3 You agree on demand to indemnify and hold harmless Under the Stairs and its officers, directors, employees and agents (and keep them indemnified and held harmless) on demand from and against any and all damages, claims, suits, actions, judgments and costs (including legal fees and costs) and expenses whatsoever arising out of your use of the Under the Stairs Services or your material breach of this Terms of Service.
7.4 You agree that any loss, damage or harm you suffer are not irreparable or sufficient, and other remedies will be adequate, such that you are not entitled to injunctive or other equitable relief against Under the Stairs.
7.5 You understand and agree that your use of the Under the Stairs Services is at your own risk and that they are provided “as is” and “as available” without warranty or representation of any kind. We disclaim all warranties, representations and conditions of any kind relating to the Under the Stairs Services, including without limitation any implied warranties of satisfactory quality, merchantability, fitness for purpose or non-infringement of third party rights. In addition, we do not warrant or represent that your use of the Under the Stairs Services will be uninterrupted or secure or free from bugs or errors. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, which might apply to Under the Stairs Services, including without limitation: implied warranties of title, non-infringement, merchantability, satisfactory quality, fitness for a particular purpose, any warranties that may arise from course of dealing or course of performance or usage of trade, freedom from viruses or errors or defects, and/or any warranties as to the accuracy, legality, reliability or quality of any content or information contained within Under the Stairs Services. We do not warrant that Under the Stairs Services will be uninterrupted or error-free that defects will be corrected or that the Under the Stairs Services will be free of viruses or other harmful components. Your use of the Under the Stairs Services is at your own discretion and risk and you are responsible for compliance with all applicable laws, regulations and other requirements regarding your use of the Under the Stairs Services.
7.6 To the maximum extent permitted by applicable law, in no event will the maximum and total aggregate liability of Under the Stairs, our group of companies, our employees, partners, licensors and our affiliates (“Under the Stairs Group”) to you in connection with this Terms of Service be higher than an amount equal to the net revenue actually received from Under the Stairs by you (if any) during the preceding calendar year in which the relevant issues occurred.
7.7 In no event will Under the Stairs Group be liable to you for any loss, damaged or harm of any kind arising from the use or inability to use or “loss” relating to Under the Stairs Services including any loss of profits, charges or expenses, loss of data or any corruption or loss of information, or any loss of business opportunity, or any special, indirect, punitive, exemplary or consequential loss or damage or disruption of any kind, in any case, whether based on breach of contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise whether or not the relevant party has been advised of the possibility of such damage. The foregoing limitations will survive and apply even if any limited remedy specified in this Terms of Service is found to have failed of its essential purpose.
7.8 Nothing in this Terms of Service purports to limit or exclude either party’s liability: (i) for fraud, fraudulent misrepresentation or wilful misconduct; (ii) for death or personal injury caused by that party’s negligence; or (iii) to the extent otherwise not permitted by law.
8.1 You can terminate this Terms of Service by permanently stopping use of Under the Stairs Services at any time. Termination will not affect already existing rights of obligations to us or you.
8.2 We may cancel or suspend your access to Under the Stairs Services if you materially breach this Terms of Service. We'll try reasonably to contact you to explain why we've done this and what (if anything) you can do as a result.
9. FORCE MAJEURE
Neither you nor we will be liable for any failure to perform any obligation under this Terms of Service or to provide access to Under the Stairs Services if that failure is caused by the happening of any unforeseen event beyond your or our reasonable control including without limitation, Internet outages, hacking or other IT attack, natural events, war or act of God.
10. GOVERNING LAW
For consumers resident in the European Union and elsewhere in the world (but not the USA):
10.1 You and we agree that your use of Under the Stairs Services and Under the Stairs content and this Terms of Service will be governed by and interpreted according to the laws of England and that any dispute regarding this Terms of Service will be heard exclusively by the courts of England, unless a European Union consumer initiates such a dispute in his/her local courts. In any legal claim under this Terms of Service, the side which wins will be entitled to its legal fees and expenses.
For consumers resident in the USA only:
10.2 You and we agree that your use of Under the Stairs Services and Under the Stairs content, and this Terms of Service, will be deemed to be entered into in San Francisco, California and governed by and interpreted according to the laws of the State of California, USA (and, if applicable, US Federal law). Any legal claim by you against Under the Stairs will be made exclusively in any state or federal court located in San Francisco, California, which will have subject matter jurisdiction regarding the dispute between you and us and therefore we both consent to the exclusive jurisdiction of those courts. Moreover, you waive any rights to argue that state and federal courts in San Francisco, California are an improper venue. In any legal claim under this Terms of Service, the side which wins will be entitled to its legal fees and expenses.
For businesses anywhere in the world: 10.3 You and we agree that your use of Under the Stairs Services and Under the Stairs content and this Terms of Service will be governed by and interpreted according to the laws of England and that any dispute regarding this Terms of Service will be heard exclusively by the courts of England.
12. CHANGES TO THIS TERMS OF SERVICE
12.1 We may change this Terms of Service if we think it's necessary, e.g. for legal reasons or to reflect changes in Under the Stairs Services or Under the Stairs content. If so, we will make the changed Terms of Service available online and (if you have a Under the Stairs account) email you to let you know about the changes.
12.2 Once we change the Terms of Service, it will become legally binding on you immediately if you are a business and 30 days after we post it online if you are a consumer. You're welcome to contact us at firstname.lastname@example.org if you have specific questions about the changes.
12.3 If we don't hear from you before the end of that time period, the changes will automatically become binding on you. If you don't agree to those changes (regardless of whether you email us), then unfortunately we must ask you to cease using Under the Stairs Services.
© 2018 Under the Stairs LTD. “Under the Stairs” and their logos are trademarks of Under the Stairs Ltd. All rights reserved.