Terms Of Use

This is the Terms of Use agreement for http://www.Stitchyapp.com/ and the ("Stitchy") mobile application and platform. In these Terms we use various capitalised terms (they are "defined"). This means they have special meanings, found and explained in different sections of these Terms. We provide our website (http://www.Stitchyapp.com/), mobile application and services (together, the "App") to you subject to the terms of use set forth in this Terms of Use Agreement (the "Agreement").

This App is owned, developed and operated by Golden Trident Limited registered in England and Wales. Our registered company number is 08479756, and our registered office is located at Building 3 Chiswick Park 566 Chiswick High Road W4 5YA London. Any questions, issues, concerns, violations or requests should be directly communicated with us regarding this App. For the purpose of this policy ("we, us and our") refers to the aforementioned limited company.

A statement of our privacy policy (which is governed fully by this agreement) can be found at http://www.Stitchyapp.com/privacy.

We may update this Agreement at any time. When we do, you may view the most recent version at http://www.Stitchyapp.com/terms/. It is your responsibility to review the most recent version of the Agreement frequently and remain informed about any changes to it. By continuing to use our App, you consent to any updates to this Agreement. This version of the Agreement supersedes all earlier versions, and comprises the entire agreement between you and us regarding the App. This agreement was last updated on December 1, 2015.

By accessing or using our App, you accept this Agreement and any modifications that we may make to this Agreement from time to time. If you do not agree to any provision of this Agreement, you must not use the App.



1. Basic Terms

1.1 You are responsible for your use of the App, for any content you post to the App, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the App and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.


1.2 You may use the App only if you can form a binding contract with Stitchy and are not a person barred from receiving services under the laws of the United Kingdom or other applicable jurisdiction. If you are accepting these Terms and using the App on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the App only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.


1.3 The Services that Stitchy provides are always evolving and the form and nature of the features that Stitchy provides may change from time to time without prior notice to you. In addition, Stitchy may stop (permanently or temporarily) providing the services (or any features within the services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.


1.4 The Services that Stitchy provides are always evolving and the form and nature of the features that Stitchy provides may change from time to time without prior notice to you. In addition, Stitchy may stop (permanently or temporarily) providing the services (or any features within the services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.


1.5 The Services may include advertisements, which may be targeted to the Content or information on the services, queries made through the Services, or other information. The types and extent of advertising by Stitchy on the Services are subject to change. In consideration for Stitchy granting you access to and use of the Services, you agree that Stitchy and its parent, third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.


2. Users and membership

2.1 We grant you a limited licence to use the App to access and use our services for your own personal and non-commercial use, provided that you comply fully with all our Terms.

2.2 You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the App. You also agree to comply with all applicable laws, statutes, ordinances and regulations regarding the transmission of technical data exported from the United Kingdom or the country in which you reside.

2.3 To use the Services the App provides, you need to sign up with your email and then verify your account via a link we sent to your email. Alternatively, you can log in via your Facebook social networking account, grant the necessary permissions and privileges and share certain personal information with us. It is important to note that this feature is available to us directly via Facebook software development kit (SDK) provided by Facebook Inc. The Facebook log-in and authentication process is strictly handled outside our App, either within Facebook's own App or website. This means that our App is not involved at all in transferring, storing or processing of your sensitive Facebook account details like your password, nor does we have any access to them. Therefore you agree to read and fully understand all the required information, permissions and privileges before granting them to us. You also accept full responsibility for all liability and damages resulting from your failure to maintain security and confidentiality of your Facebook account that occur through the use of your Facebook account on our App. Additionally, we cannot and will not be liable for any loss or damages arising from your failure to protect your account from being abused or any security breaches arising from vulnerabilities in Facebook SDK or any software outside our App. You also agree to immediately notify us of any unauthorized use of your account or any other breaches of security.


3. Contents On The services

3.1 All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may, but are not required to monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

3.2 Release: We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances we will be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere. You agree that you bear all the risks and release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the App, your Third Party Transactions or our resolution of any disputes among users. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.


4. Your Rights

4.1. You retain your rights to any Content you submit, post or display on or through the Services. In order to make the Services available to you and other users, Stitchy needs a license from you. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

4.2. You agree that this license includes the right for Stitchy to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Stitchy for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Stitchy, or other companies, organizations or individuals who partner with Stitchy, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

4.3We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. For example, if you choose to share a video through a social meida app or website.


5. Use of the Services

5.1 Control: You, and not us, are entirely responsible for all of your Public Information that you upload, post, email, transmit or otherwise make available via our App. We do not control your Public Information or the Public Information of or posted by other users and do not guarantee the accuracy, integrity or quality of Your Information or the Information of or posted by other users. Nor do we endorse any opinions expressed by you or other users. You understand that by using our App, you may be exposed to information that is offensive, indecent or objectionable. We do not have any obligation to monitor, nor do we take responsibility for, Your Information, Public Information or information of or posted by other users. You agree that under no circumstances will the App owner and developer ("Golden Trident Limited"), its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way for any information, including, but not limited to, for any errors or omissions in Your Information or the Information of or posted by other users, or for any loss or damage of any kind incurred as a result of the use of Your Information or any content posted, emailed, transmitted or otherwise made available in connection with our App, or for any failure to correct or remove information.

5.2 Grounds for Removal, Sanction and/or Suspension: Notwithstanding any other provision of this Agreement, the following types of actions are cause for immediate removal, repeal and/or suspension or termination of your account:

  1. The use of our App to (including, without limitation, eligibility requirements):
    1. harm or intimidate another person in any way, including restricting or inhibiting any other user from using our App;
    2. impersonate any person or entity (including Stitchy, our staff and other members), or falsely state or otherwise misrepresent your affiliation with any person, through the use of similar email addresses, nicknames, or creation of false account(s) or any other method or device;
    3. disguise the origin of any Public Information that is transmitted to any third party;
    4. "stalk" or otherwise harass another;
    5. advertise merchandise, auctions, services or commercial websites, including offers to trade or charitable solicitations unless given clear written permission by us;
    6. resell Public Information or access to Public Information;
    7. or
    8. collect or store personal data about other users;

  2. Posting any Public Information or other material:
    1. that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, intimidating, vulgar, obscene, profane, libellous, invasive of another's privacy (including the posting of private emails or contact information about another individual), hateful, or racially, ethically or otherwise objectionable, including any Public Information or other material that may be considered hate speech;
    2. that is obscene, pornographic or adult in nature;
    3. that you do not have a right to make available under any law or under contractual or fiduciary relationships;
    4. that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or rights of publicity or privacy;
    5. that is unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation (including, but not limited to, "spam," "junk mail," and "chain letters");
    6. that is inappropriate or posted in bad faith;
    7. that uses the App primarily as a lead generator or listing service for another website or App;

  3. Encouraging others to violate this Agreement;
  4. Refusing to follow our instruction or direction while using the App;
  5. Violation (intentional or unintentional) of this Agreement, or of any applicable local, state, national or international law, statute, ordinance or regulation;
  6. Disclose the Private Information of any member without the permission of that member; or
  7. Transmit money to us or partners through financial accounts that are stolen, fraudulent or otherwise unauthorized.

Also, your posting of other inappropriate actions, Public Information or other materials may also warrant removal and/or suspension from our website/App. We reserves the right to remove any post or other material without warning or further notice. While we prohibit such conduct and content, you understand and agree that you nonetheless may be exposed to such conduct or content and that you use the App at your own risk. For purposes of this Agreement, "posting" includes uploading, posting, emailing, transmitting or otherwise making available. Without limiting the foregoing, Stitchy and its designees shall have the right to remove any Public Information or other material that violates this Agreement or is otherwise objectionable.

5.3 Interference with the App:
You agree that you will not:

  1. upload, post, email, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  2. interfere with or disrupt our servers or networks through the use of our App, or disobey any requirements, procedures, policies or regulations of networks connected to our website or through the use of our App, or otherwise interfere with our App in any way, including through the use of JavaScript or any other coding;
  3. take any action that imposes an unreasonable or disproportionately large load on our infrastructure (e.g being involved in DDoS attacks, repeated uploads or edits, etc); or
  4. copy, reproduce, alter, modify, or publicly display any information displayed on our website (except for Your Information), or create derivative works from our website (other than from Your Information), to the extent that such action(s) would constitute copyright infringement or otherwise violate our intellectual property rights or any other third party, except with the prior written consent of us or the appropriate third party.

5.4 General Practices Regarding Use of the App: You acknowledge and agree that we may establish general practices and limits concerning the use of our App. You agree that we have no responsibility or liability for the storage or the deletion of, or the failure to store or delete, any of Your Information. You acknowledge that we reserve the right to log off and block users who are inactive for an extended period of time. In addition, you acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.


6. Dealings with Sponsors, Marketing Partners and Third Parties

Your correspondence or business dealings with, or participation in promotions of, sponsors, marketing partners or other third parties found on our website or through our App, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such marketing partner or other third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such marketing partners or other third parties on our website or located through the use of our App.


7. Privacy

We collect registration and other information about you through the App. Our collection, use, and disclosure of this information is governed by our Privacy Policy Statement available at http://www.Stitchyapp.com/privacy


8. Links

We may provide, or third parties may provide, links to other websites or resources. Because we have no control over such websites or resources, you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You also acknowledge and agree that Stitchy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resource.


9. Indemnity

You agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of your representations and warranties or this Agreement or the documents it incorporates by reference, your use of our App, Your Information, your violation of any law, statute, ordinance or regulation or the rights of a third party. Without limiting the foregoing, you agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys' fees, made by any Stitchy member or third party due to or arising out of your actions or any content you view or post on the App.


10. Warranties; Liability

10.1 Disclaimer of Warranties: Your use of our App is at your sole risk. Our App is provided to you "as is" and on an "as available" basis. We specifically disclaim all warranties and conditions of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We disclaim any warranties regarding the security, reliability, timeliness, and performance of our App. We disclaim any warranties for any information or advice obtained through our App. We disclaim any warranties for services or goods received through or advertised on our App or received through any links provided by our App, as well as for any information or advice received through any links provided through our App. In addition, no advice or information (oral or written) obtained by you from us shall create any warranty. You understand and agree that you view, download or otherwise obtain material or data through the use of our App at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.

10.2 Limitation of Liability: You agree that in no event shall Stitchy be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Stitchy has been advised of the possibility of such damages), arising out of or in connection with our App or this Agreement or the inability to use our App (however arising, including negligence), arising out of or in connection with Third Party Transactions or arising out of or in connection with your use of the App. Our liability to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees, if any, you pay to us in the twelve (12) months prior to the action giving rise to liability, and (b) £100.

10.3 Exclusions: Some jurisdictions do not allow the exclusion or limitation of certain warranties or of incidental or consequential damages. Accordingly, some of the limitations in this Section 10 may not apply to you.


11. Dispute Resolution

11.1 Process: The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement including the documents it incorporates by reference, your use of our App, Your Information, your violation of any law or the rights of a third party, or your use of our App Services.

11.2 Negotiation Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested. The recipient of such notice will respond in writing within twenty (20) business days with a statement of its position on and recommended solution to the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each party with full settlement authority will meet in person or otherwise at a mutually agreeable time and place within forty (40) business days of the date of the initial notice in order to exchange relevant information and perspectives, and to attempt to resolve the dispute.

11.3 Notice; Waiver: By agreeing to this Agreement you have, except as otherwise specified in Section 10.1, all disputes, claims or controversies arising out of or relating to this Agreement decided by negotiation, neutral mediation and/or neutral arbitration as provided in this Section 10, and you are giving up any rights you might possess to have those matters litigated in a court or jury trial. Also, by agreeing to this Agreement you are giving up your judicial rights to discovery and appeal except to the extent that they are specifically provided for under this Agreement. If you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate under law. Your agreement to this arbitration provision is voluntary.

11.4 Dispute Resolution By Stitchy for the Benefit of Users: We may try to help Stitchy members resolve disputes. We do so in our sole discretion, and we have no obligation to try to resolve disputes between users. To the extent we attempt to resolve disputes, we will do so in good faith based solely on the general rules and standards of the App, and we will not make judgements regarding legal issues or claims.


12. Modifications

We reserve the right at any time or times to modify or discontinue, temporarily or permanently, all or any portion of our App with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of our App.


13. Termination; Breach

You agree that we, in our sole discretion, may issue a warning, temporarily suspend, indefinitely suspend, remove content or information you have posted, or terminate your account your status as a particular Stitchy member, or your ability to use all or any portion of our App (including any APIs), for any reason, including, without limitation, (a) for lack of use, (b) if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the documents or agreements it incorporates by reference, (c) if we are unable to verify or authenticate any information you provide to us, or (d) if we believe that your actions may cause legal liability for you, our users or us. You agree that any termination of your account or access to all or any portion of the App under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our App. You also agree that we shall not be liable to you or any third party for any termination of your use of or access to all or any portion of the App. Termination or suspension of your use of our App in violation of Section 4.2 will not result in refunds of membership fees paid, if any, and you will forfeit the remaining period of your paid membership, if any.


14. Trademarks; Copyrights; Proprietary Rights

14.1 Golden Trident Limited's Trademarks: Stitchy App and Stitchyapp.com are owned by Golden Trident Limited which is registered in the United Kingdom. Any other service marks, and other Stitchy logos, products and service names, are trademarks of Golden Trident Limited. (the "Stitchy Trademarks"). Except as otherwise permitted by law, you agree not to display or use in any manner the Stitchy Trademarks without a prior written consent.

14.2 Copyrights and Trademarks of Others: Stitchy respects the intellectual property of others, and we ask our users to do the same. To the extent Stitchy uses a trademark that is the property of a third party, Stitchy shall provide clear notice to anyone viewing Stitchy's use of that trademark that (a) Stitchy does not own the trademark and that the trademark is the property of a third party, (b) Stitchy has no affiliation, connection or association with that third party, and (c) if applicable, that third party has not approved or sponsored Stitchy's use of the trademark in any way. We may, in appropriate circumstances and in our discretion, remove, or disable access to, material that infringes on the rights of others, and terminate access to our App to those who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information: 1.an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2.a description of the copyrighted work or other intellectual property that you claim has been infringed; 3.a description of where the material that you claim is infringing is located on the site; 4.your address, telephone number, and email address; 5.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6.a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the disputed use is not authorized by the copyright owner, its agent, or the law; 6.a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Our Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: By mail: Golden Trident Limited, Building 3 Chiswick Park 566 Chiswick High Road W4 5YA London, United Kingdom. or electronically at http://www.goldentrident.com/contact/

14.3 Proprietary Rights: You acknowledge and agree that our App contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You also acknowledge and agree that content contained in sponsor advertisements or information presented to you through our App or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as consented to by Stitchy or advertisers in writing, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on our App, in whole or in part.


15. No Resale

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of Stitchy's App, use of the website, or access to the App for any sales of goods or services, or promotion of a company, good, or service unrelated to the topic or spirit or the Stitchy App.


16. Additional Terms

16.1 Notices: Except as otherwise stated in this Agreement or as expressly required by local law, any notice to us shall be given by certified postal mail to Golden Trident Limited, Building 3 Chiswick Park 566 Chiswick High Road W4 5YA London or electronically at http://www.goldentrident.com/contact, and any notice to you shall be given to the email address that you provided us during the signing up process. Notice shall be considered given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice given by postal mail shall be considered given three (3) days after the date of mailing.

16.2 Entire Agreement: This Agreement constitutes the entire agreement between you and Stitchy, superseding any prior agreements between you and Stitchy. To the extent that you have previously registered with Stitchy and provided Your Information, this Agreement now governs how Stitchy may use Your Information, whether provided in the past or the future.

16.3 No Agency: No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Stitchy is intended or created by this Agreement.

16.4 Governing Law: Except as expressly provided in this Section, you agree that any dispute arising from or relating to the subject matter of these Terms of Use shall be governed by the exclusive jurisdiction of the courts located within the UK, without regard to its conflict of laws provisions.

16.5 Assignment: You agree that this Agreement, all rights herein, and all incorporated agreements may be automatically assigned by Stitchy, in our sole discretion, to one or more third parties in the event of a merger, acquisition, corporate reorganization, sale of all or substantially all of Stitchy's assets, or similar transaction.

16.6 No Guaranty: We do not guarantee continuous, uninterrupted or secure access to our App, and operation of our website may be interfered with by numerous factors outside of our control.

16.7 No Waiver: Stitchy's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches.

16.8 Severance If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and Stitchy nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.

16.9 Survival Sections 2.2 (License), 3.4 (Release), 5.4 (Interference with the App), 9 (Indemnity), 10 (Warranties; Liabilities), 11 (Dispute Resolution) and 16.4 (Governing Law) shall survive any termination or expiration of this Agreement.

16.10 Limitation You and Stitchy each agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of our App or this Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.

16.11 Titles: The section titles in this Agreement are for convenience only and have no legal or contractual effect.


17. Disclosures; Violations

The App offered under this Agreement is developed and owned by 'Golden Trident Limited' registered in England and Wales, UK. Please report any violations of this Agreement by sending a notice of the violation to the Secretary of Golden Trident Limited by postal mail or electronically, as follows: Postal Address:
Golden Trident Limited,
Building 3 Chiswick Park 566 Chiswick High Road
W4 5YA London, United Kingdom
or electronically at http://www.goldentrident.com/contact

****

By downloading or using "Stitchy" App, you are agreeing that you have read and understood this Agreement and agree to all of the terms of this Agreement, including Section 11 which provides that, except as otherwise specified in Section 11.1, all disputes, claims or controversies arising out of or relating to this Agreement shall first be dealt with through negotiation and mediation and if the dispute is not resolved shall then be submitted to binding, neutral arbitration.