Terms and Conditions
TERMS OF USE
PLEASE READ THE FOLLOWING CONTRACTUALLY BINDING CONDITIONS:
USE of the SERVICE
These terms and conditions (“the Code”) govern the use of this website and
the Loober service (“the Service”). To fully use the Service you must first
download our software and agree to the terms of our software licence. In
this Code “Loober” refers to Confabulate Limited (a company registered in
England under number 05605939) doing business as Loober.
The Service is offered to you subject to your agreement to the conditions in
this Code as set out below. By using the Service in any way (including without
limitation your use or registration on the Loober website or by downloading
our software), you agree to be bound by the conditions of this Code.
The materials available on or through this Service including without limitation
all text, graphics, images and sounds are protected by copyright or other applicable
intellectual property law. The copyright owner of such materials is Loober,
and third parties approved by Loober as the case may be.
You may not translate, alter, modify, republish, retransmit, redistribute or
otherwise make any material on this Service available to any other party or
make the same available on-line, in hard copy or on any other electronic or
physical media without Loober's express prior written consent.
The Loober name and logo, and any other graphics, logos and trade marks, (whether
registered or unregistered) used on this site by Loober (“Our Trade Names”),
are protected by law. Our Trade Names must not be used in association with
the products or services of a third party or in a manner which could, either
directly or indirectly, discredit us, the Service or a third party. All other
trade marks and trade names (including trade names and logos belonging to our
clients and third parties) remain the intellectual property of their respective
owners whose rights are similarly asserted.
You must not use any method that could hinder use of this Service by any person
nor access or attempt to access any private communication, document, data or
other material without Loober’s express prior written consent.
Nothing on this Service constitutes advice, nor does the transmission, downloading
or sending of any information or materials create any contractual relationship
with Loober aside from the contractual force of this Code. Where users of the
Service collaborate with one another as a result of use of the Service, they
do so as independent contracting parties. You acknowledge that Loober will
not in any way be construed as a party to such collaboration nor be liable
nor responsible in any way for the dealings of such collaboration or the parties
to such collaboration.
You are solely responsible for maintaining the confidentiality of any logon
ID and password supplied to you, and for their use. Evidence of use of your
logon ID can be produced to support or defend any dispute or actionable cause
or matter which arises in relation to the same. You agree to inform Loober
immediately if you become aware of any unauthorised disclosure or use of your
logon ID or password.
You hereby grant to Loober a non-exclusive, free licence for use of your contributions
to public discussion groups for the full duration of copyright and any extensions
and renewals thereof to reproduce, modify, translate, distribute, transmit,
adapt, store and make available all or part of your communications addressed
to these services (whether live, recorded, written, spoken or otherwise).
Any personal data supplied by you to us will be held in accordance with our Privacy
Policy which forms
a part of this Code.
You may not use the Service if it is unlawful to do so in the jurisdiction
in which you reside. By using the Service you therefore warrant that the Service
is lawful in the jurisdiction applicable to you and that you have attained
the minimum age required by the law of your jurisdiction (if any) to use services
of the nature of the Service.
Loober reserves the right to suspend, withdraw or adjust the Service at any
time.
your conduct.
You must not:
Use any method that could hinder use of the Service or the Loober website
by any person;
Try to hack into, tamper or interfere in any way with any part of our software
or servers used by or in connection with Loober and/or the Loober website or
distribute any virus or other code or device which could harm or interfere
with equipment or information belonging to Loober or any third party;
Divulge your password to any third party;
Use the site to threaten, harass, pursue, abuse or to in any way undermine
the rights of Loober or any person, whether or not a user of the Service;
Use an image to customise your Loober without the express permission of the
owner of copyright in and to the image or where the image depicts a person
other than yourself without the express permission of the person depicted;
Intercept or attempt to intercept any private communication that is not meant
for you;
Communicate with other users of the Loober Site for any purpose other than
personal communication, and in particular, use the Loober Service to enable
mass distribution of unsolicited messages whether for marketing purposes or
otherwise;
Hold yourself out to be an agent of Loober, an Loober employee or official
employed by or responsible for Loober;
Use the Service for the distribution of any material (including without limitation
any conversation) which is an incitement to racial or religious hatred or otherwise
unlawful;
Distribute indecent, obscene, defamatory, unlawful or otherwise offensive content
via the Service;
Distribute content via the Service which infringes the rights of any third
party, including copyright, other intellectual property rights or rights of
privacy;
Use abusive, foul, blasphemous, racist, sexist or offensive language in any
form of public communication conducted over the Service;
Conduct commercial advertising through the Service.
MONITORING and termination
Your participation in communications conducted via the Service is not censored
or monitored in any way by Loober. We cannot and have no intention to monitor
your communications or the information that you send to or distribute via the
Loober website or the Service. However, we reserve the right to check this
information from time to time, and to withdraw anything that, in our sole opinion,
is harmful, shocking, unlawful or contrary to the conditions of this Code.
If you are adjudged by Loober to be using the Service in a manner which is
unlawful or contrary to the conditions of this Code or in a manner which in
the opinion of Loober is likely to create an undesirable legal liability for
Loober, Loober reserves the right to suspend your account and bar your use
of the Service on a temporary or permanent basis in the sole discretion of
Loober.
Loober reserves the right to terminate your account if it has been inactive
for more than three months.
limitation of liability
From time to time it may be necessary for us to suspend the operation of the
Service. We will use our reasonable endeavours to warn users of planned interruptions
by way of notice on the Loober website. However, there may be occasions where
technical difficulties lead to a suspension of the Service without warning.
We accept no responsibility for any errors, omissions, delays, or losses including
loss of data during or as a result of any delays, interruptions to or suspension
of the Service howsoever caused.
Whilst all reasonable efforts have been made to ensure that material available
for download from the Loober website is free from viruses, worms or other malicious
or disruptive code, we cannot guarantee that such is the case and we accept
no liability for damage caused or data lost.
You acknowledge and agree that the Service may utilise your available bandwidth,
computer processing power, memory and other computer resources whilst our software
is installed. Loober will use its reasonable endeavours to ensure that the
use of your resources by the Services does not expose you to any additional
security risks or significantly impair the operation of your computer system.
However, the Service is used by you at your own risk and Loober accepts no
liability for any security breach or other adverse effect on your computer
system. If you are concerned by the operation of the Service, please uninstall
the software and discontinue use of the Service.
Any hyperlinks to other websites are provided for convenience only, and Loober
assumes no responsibility or liability whatsoever for the contents of those
other websites linked to, or any products or services advertised or sold on
those websites.
Loober does not warrant the content, accuracy or veracity of any material on
this website or the Service.
The Service is not designed for and is not suitable for contacting the emergency
services. You acknowledge and agree that you are solely responsible for making
alternative arrangements to be able to contact the emergency services and that
Loober shall not be liable for any failure or inability to contact the emergency
services should the need to do so arise.
YOU ACCEPT THIS WEBSITE AND THE SERVICE "AS IS" WITHOUT ANY REPRESENTATION,
WARRANTY OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
ANY IMPLIED WARRANTY OF ACCURACY, COMPLETENESS, QUALITY, SATISFACTORY QUALITY,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
SUBJECT TO CLAUSE 4.10 BELOW, IN NO EVENT WILL LOOBER BE LIABLE FOR ANY INJURY,
LOSS, CLAIM, DAMAGES OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR
PUNITIVE DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT OR
LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR USE OF
THE SERVICE, ANY MATERIAL ON THE WEBSITE OR ANY MATERIALS OR SERVICES AVAILABLE
FROM THE WEBSITE, WHETHER BASED IN CONTRACT, TORT AND WHETHER NEGLIGENT OR
OTHERWISE, EVEN IF LOOBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SUBJECT TO CLAUSE 4.10 BELOW LOOBER’S TOTAL LIABILITY TO YOU SHALL BE LIMITED
TO THE SUM OF £1,000 IN RESPECT OF ANY ONE CLAIM AND £3,000 IN AGGREGATE.
Nothing in this Code shall exclude or limit the liability of Loober for death
or personal injury caused by the negligence of Loober.
indemnity
You hereby indemnify Loober against any and all costs, expenses, loss and damage
(including without limitation reasonable legal fees) resulting from any breach
of your warranties, undertakings or obligations under this Code or your use
of the Service in a manner which is unlawful or contrary to this Code generally.
general
You agree that this Code and any dispute arising in any way in relation to
the Service will be governed by and construed in accordance with the laws of
England.
Save where prohibited by law, you irrevocably submit to the exclusive jurisdiction
of the Courts of England.
In the event that any provision in this Code is determined to be unenforceable
or invalid, such provision shall be severed and the remaining provisions which
shall be enforceable to the fullest extent permitted by law.
This Code and the documents referred to represents the entire agreement between
you and Loober relating to the subject matter hereof and supersedes any prior
understanding or agreement regarding the Service.
Loober reserves the right to alter this Code at any time, without prior notice.
Any modification will take effect immediately, either by the modified agreement
being displayed, or by notification. You agree to check this Code regularly
for modifications and additions.
The rights granted to you under this Code are personal to you and may not be
assigned without the prior written permission of Loober. Loober may assign
this agreement in whole or in part to any third party.
Certain offers or service available on the Service may have additional terms
and conditions as published on the Service. A material breach of such terms
and conditions by you will amount to a material breach of this Code.
The provisions of this Code on intellectual property, liability and jurisdiction
shall remain in force if this Code expires or is terminated.
Nothing in this Code shall adversely affect or derogate from your statutory
rights as a consumer.
No failure or delay by us in exercising any of our rights under this Code shall
be deemed to be a waiver of that right and no waiver by us of any breach by
you shall be considered as a waiver of any subsequent breach of the same or
any other provision.
The parties do not intend any third party to have the right to enforce any
provision of this Code under the Contracts (Rights of Third Parties) Act 1999
or otherwise.
Confabulate Limited trading as Loober
CB10 1HB, United Kingdom