These Terms and Conditions of Use (“Terms”) constitute a legally binding agreement between you as user (“you”) and the POOF Group (“we”, “us” or “our”). The POOF Group operates POOF and includes, but is not limited to, POOF Limited, Social Online Payments Limited (a company incorporated in San Diego under company number 496494) and Social Online Payments, Inc. (a company incorporated in Delaware under company number 5214252). You should read these Terms in full before using the POOF App or website (“POOF”), because once you access, view or use POOF you are going to be legally bound by them. However, just in case you ever need a reminder of the main points, here’s a quick summary:
- If you are under the age of 18, or the age of majority in the country in which you reside, then unfortunately you can’t use POOF yet because it’s a meeting place for adults only.
- We’re not responsible for anything that you post or say on POOF and we do not actively monitor content. We may delete any content which we consider in our discretion breaches these Terms.
- If you post any content that actually belongs to someone else, we are not in the firing line. You have to take responsibility for what you post.
- Please refer to our Community Guidelines and Safety Tips for additional dos and don’ts and information on staying safe.
- If you are concerned about how your data is being used by POOF then please refer to our Privacy Policy, which explains how we treat your personal data and protect your privacy. By using POOF, you agree that we can use such data in accordance with our Privacy Policy.
IF YOU DO NOT ACCEPT AND AGREE TO THE TERMS THEN YOU MUST NOT ACCESS OR USE POOF
3. YOU MUST BE 18 OR THE AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE TO ACCEPT THESE TERMS AND DOWNLOAD POOF
You must be aged 18 or over or the age of majority in the country in which you reside to accept these Terms to access and use POOF.
4. POOF RULES
Before you can use POOF, you will need to register for an account (“Account”). In order to register for an Account you must:
- be at least 18 years old, or the age of majority in the country in which you reside; and
- follow the Community Guidelines and Safety Tips.
5. POOF ACCOUNTS
The information we collect about you will be used to create your profile, which will be available to other POOF users. If you would like to hide your profile at any time, you can do so by going to the “Settings” section of POOF and switching the “Public Profile” setting off.
If you would like to delete your Account, you can do so by going to the “Settings” section of POOF and clicking on the “Delete Account” link. Your Account will be deleted immediately but it may take a little while for Your Content (defined below) to be completely removed from POOF.
We reserve the right to terminate or suspend any Account, or to make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses) at any time and without the need to give you prior notice.
6. TYPES OF CONTENT
You will be able to access three types of content on POOF
- content that you upload and provide (“Your Content”);
- content that other members provide (“User Content”);
- content that we provide (“Our Content”).
CONTENT THAT ISN’T ALLOWED ON POOF
We want you to enjoy using POOF. We do have some rules about what is acceptable, however, so when you are using POOF you may not post, send or upload any content which:
- is obscene, pornographic or otherwise may offend human dignity;
- is abusive, insulting or threatening, or which promotes or encourages racism, sexism, hatred or bigotry;
- encourages any illegal activity including, without limitation, inciting racial hatred, or which may otherwise in itself constitute a criminal offence;
- is defamatory;
- relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
- has the ability to interfere with or disrupt POOF, including that which would enable you to decompile, disassemble, decode, create derivative works of, gain access to the source code, or modify POOF except and then solely to the extent permitted under applicable law;
- contains images of children, even if you are also in the photo;
- involves the transmission of “junk” mail or “spam”; and/or
- contains any spyware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal data whether from POOF or otherwise.
POOF operates a zero-tolerance policy for this kind of content.
Please refer to the Photo Moderation Rules available on our website for rules about the photos that you can upload to POOF. All profile photographs will be moderated to ensure that they adhere to these Terms and the Photo Moderation Rules and any photographs containing inappropriate content will immediately be deleted. If you continue to upload inappropriate content, POOF may suspend or terminate your Account without the need to give you prior notice.
YOUR CONTENT
You are responsible for any content that you upload or create on POOF, and you represent and warrant to us that you have the right to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide licence to use Your Content in any way. We have the right to disclose your identity to any third party who is claiming that any of Your Content constitutes a violation of their intellectual property rights or of their right to privacy or any other law. You agree that you will indemnify, defend, release and hold us harmless from any claims made in connection with Your Content.
You must not display any personal contact or banking information on your individual profile, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details, or place of work). If you choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details of yourself to third parties online as you would under any other circumstances. You are required to follow our Community Guidelines and Safety Tips when doing so.
You must not create or upload any material that directly or indirectly attacks people based on their ethnicity, race, nationality, gender, sexual orientation, religious belief or disabilities. If you come across any such material while using POOF, please report it to us by clicking the “Block & Report” link. We may immediately remove a user’s access to POOF for infringements of this.
USER CONTENT
Other members of POOF will also share content via the platform, for instance by posting information on their profile. User Content belongs to the user who posted the content and is stored on our servers and displayed via POOF at the discretion of the user providing User Content.
You do not have any rights in relation to other users’ User Content, and you may only use other POOF users’ personal information to the extent that your use of it matches POOF’s purpose of allowing guys to meet one another. You may not use other users’ information for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users’ information.
OUR CONTENT
Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on POOF are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times.
We grant you a non-exclusive, limited, personal, non-transferable, revocable licence to access and use Our Content, without the right to sublicense, under the following conditions:
- you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of POOF
- you shall not use our name in metatags, keywords and/or hidden text;
- you shall not create derivative works from Our Content or commercially exploit Our Content, in whole or in part, in any way; and
- you shall use Our Content for lawful purposes only.
We reserve all other rights. If you breach any of the Terms, the above licence will terminate automatically and you must immediately destroy any of Our Content that you have downloaded or otherwise obtained.
7. RESTRICTIONS ON POOF
Scraping or replicating any part of POOF without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces – unless you have been specifically allowed to do so in a separate agreement with us.
You must not share your login details with anyone or let anyone access your Account. You are responsible for keeping your login details secret and secure. If you don’t, POOF is not liable for any unauthorised access to your Account. If you suspect that someone has gained access to your Account, you must let us know immediately. You must also immediately change your login details. POOF reserves the right to terminate your Account if you violate our rules on keeping your login details secure.
8. THIRD PARTY SERVICES
Certain features of POOF may be interoperable with third party services, and you may need to create accounts with applicable third party service providers in order to use these. By using POOF, you agree to comply with any applicable terms, conditions or requirements promulgated by any provider of a third party service.
9. PRIVACY
For information on how we collect, use and share your personal data, please check out our Privacy Policy. By using POOF you agree that we can use such data in accordance with our Privacy Policy.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using POOF may be read or intercepted by others.
10. WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using POOF you agree to us collecting and using technical information about the devices you use POOF on and related software, hardware and peripherals to improve our products and to provide any services to you.
11. WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
We and users of POOF may make available links to other independent websites. These websites are not under our control and we are not responsible for and have not checked and approved their content or privacy policies.
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
12. TERMINATION OF USE BY US
Sometimes people forget about the Terms and post or upload content or act in a way while on POOF which is not consistent with its purpose. If we think that you may be one of those people, then we reserve the right at our sole discretion, at any time and without liability or the need to give you prior notice or to refund any unused services to:
- suspend or revoke your registration and your right to access and/or use POOF
- make use of any operational, technological, legal or other means available to enforce the Terms.
We will try (but we are not obliged to) notify you if your access to POOF and/or your profile is to be or has been suspended or terminated. Where you have acted contrary to our Terms, we will keep a record of it and may block future attempts by you to use or access POOF and its features.
13. LIABILITY
Nothing in the Terms limits or excludes our liability for (i) death or personal injury caused by our proven negligence; or, (ii) any liability which cannot be limited or excluded by law.
To the fullest extent permitted by law, we expressly exclude (i) all conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; (ii) any liability arising from use of POOF, its services or these Terms; and, (iii) any liability arising from the transmission of any disabling device that may infect your equipment, failure of mechanical or electrical equipment or communication lines, telephone or other interconnect problems (e.g. you cannot access your internet service provider), unauthorised access, theft, bodily injury (other than caused by our negligence), property damage, operator errors, strikes or other labour problems or any act of god or any other act or omission by a third party outside POOF’s control, including without limitation for any claims, charges, demands, damages, liabilities, losses or expenses of whatever nature and howsoever caused including direct, indirect, incidental, special, exemplary, punitive or consequential damages (however arising including negligence), loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, wasted management or office time, breach of contract or claims of third parties or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this site.
The foregoing shall apply even if we were advised of the possibility of damages arising. Our total liability to you in respect of losses arising under or in connection with the Terms, whether in contract, tort (including negligence, breach of statutory duty, or otherwise), shall in no circumstances exceed £20.
14. INDEMNITY
All the actions you make and information you post on POOF remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:
- any negligent acts, omissions or wilful misconduct by you;
- your access to and use of POOF;
- the uploading or submission of content to POOF by you;
- any breach of these Terms by you; and/or
- your violation of any law or of any rights of any third party.
We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defence of any relevant claim.
15. CHANGES TO THE TERMS
We may make changes to POOF from time to time (such as by adding new features or addressing security issues) or there may be changes in law or best practice which require changes to these Terms. We therefore reserve the right to modify, amend or change these Terms at any time and without prior notice when the change is related to legal or regulatory changes, reflects technological advancements, or is designed to clarify them, but in each case where we don’t actually change our practices as set out in these Terms. Where we make a material change to these Terms, we will notify you either via email or in-app notification. Where you do not agree to the changes, you should delete your Account.
16. MISCELLANEOUS
We have taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on POOF and provide that information on an “as is”, “as available” basis. We do not give or make any warranty or representation of any kind about the information contained on POOF whether express or implied, including but not limited to fitness for a particular purpose, title or non-infringement. Use of POOF and the materials available on it is at your sole risk and we do not warrant that Our Content or User Content is correct, accurate or reliable. We cannot be held responsible for any loss arising from the transmission or use of data, or for inaccurate content posted by users. You are responsible for taking all necessary precautions to ensure that any material you may obtain from POOF is free of viruses or other harmful components. You accept that POOF will not be provided uninterrupted or error free, that defects may not be corrected or that POOF, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horses or any similar malicious software. We are not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
By accessing POOF or agreeing to receive messages or notifications from POOF through your mobile phone and/or any other connected device, you accept that you may incur charges from your internet or mobile service provider. We shall not under any circumstances be liable for such charges.
You warrant that you have the right, authority and capacity to enter into and be bound by the Terms and that by using this site you will not be violating any law or regulation of the country in which you are resident. You are solely responsible for your compliance with all applicable local laws and regulations, and for your interactions with other members. You further warrant that you have not been convicted of, nor are subject to any court order relating to assault, violence, sexual misconduct or harassment.
No failure or delay in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege.
If, for any reason, any of the Terms are declared to be illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
The Terms set out the entire agreement and understanding between us and you in relation to your use of the site and supersede all previous agreements, representations and arrangements between us (either oral or written). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.
Nothing in the Terms shall confer or purport to confer on any other third party, any benefit or the right to enforce any term of the Terms and the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Terms.
17. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
These Terms and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed in accordance with English law. In the event there is a discrepancy between this English language version and any translated copies of these Terms, the English version shall prevail.