Terms of Use

1. Introduction

1.1 Slibstream is trading as Slib Design Limited (we, us). The registered office of Slib Design Limited is: Slib Design Limited, International House, 24 Holborn Viaduct, City of London, London EC1A 2BN. Slib Design Limited is registered in England, United Kingdom. United Kingdom Company Registration Number: 10228063. United Kingdom VAT Number: 281 1656 05. Slib Design Limited owns the trade mark Slibstream. The Slib Design Limited trading address is: Slib Design Limited T/A Slibstream, 14 Easy bay Lane, The Press Centre, Queen Elizabeth Olympic Park, Stratford, London, E15 2GW. Send postal correspondence to this address.

1.2 By using Slibstream you agree to be bound by these terms (the Terms) together with the privacy & cookie policy accessible here. These Terms and the Privacy & Cookie Policy affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by these Terms and/or the Privacy & Cookie Policy, do not use Slibstream. If you have any questions, you can contact us at support@slibstream.com.

1.3 We reserve the right to update these Terms from time to time at our discretion. We may do so for technical or legal reasons, or because the needs of our business have changed. If we do so, the updated version will be effective as soon as it is accessible. However, if we determine that any of the changes are particularly significant, we shall notify all Registered Users by email. In any event, you agree that if you do not accept any amendment to our Terms then you shall immediately stop accessing and/or using Slibstream.

1.4 These Terms apply to all users of Slibstream including users who have a Slibstream account (Registered Users) and users who wish to view content of a Registered User (a Follower).

2. Sign-up

2.1 To become a Registered User, you must first have to sign up to Slibstream. As a Registered User, you are responsible for maintaining the confidentiality of your login details, and you are solely responsible for all activities that occur under your Slibstream account, except if such activities arise as a result of our negligence. You must not allow any third party to access Slibstream through your login details. Please take precautions to protect your login details and contact us immediately at support@slibstream.com if you believe there has been any unauthorised use of your log in details.

2.2 In accordance with the Instagram Terms of Use, you must be at least aged 13 to sign up to Slibstream, and if you are aged between 13 and 16, you must have the consent of a parent or guardian before you sign up as set out in our consent form here. Parents/guardians should complete the consent form and provide accurate information where requested to do so.

2.3 We reserve the right to request proof of your identification and age at any time, and if you fail to provide such information, we can terminate your account. If you are a parent or guardian of a Registered User, you can withdraw your consent at any time by asking your child to close their account here. This is an automatic and irreversible process.

2.4 You must comply with the Instagram Terms of Use. If you fail to do so, we may terminate your Slibstream account. You also acknowledge that if your Instagram account terminates for any reason, your Slibstream account shall no longer operate.

3. Use of Slibstream

3.1 When you use Slibstream you must comply with all applicable laws and regulations. In particular, but without limitation, you agree not to:

(a) try to gain unauthorised access to Slibstream or any networks, servers or computer systems connected to Slibstream;

(b) use Slibstream in any manner that could damage, disable, overburden or impair our servers or networks or Instagram’s servers or interfere with any other user’s use and enjoyment of Slibstream;

(c) harvest or otherwise collect non-public information about another user obtained through the platform (including without limitation email addresses), without the prior written consent of the holder of the appropriate rights to such information;

(d) reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of Slibstream save to the extent expressly permitted by law not capable of lawful exclusion;

(e) upload or otherwise send a virus or other malicious code through the Slibstream;

(f) use Slibstream to bully, cause harm, harass or cause distress or harm individuals;

(g) use Slibstream or any content received from Slibstream for surveillance purposes;

(h) use Slibstream to attempt to identify a person or group of individuals or create demographic clusters for the purpose of contacting or targeting Instagram members;

(i) save to the extent expressly permitted by law and not capable of exclusion by law, copy, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of Slibstream; and/or

(j) do anything that results in a breach by Slibstream of the Instagram Terms .

3.2 If at any time your use of Slibstream is, in our reasonable view, excessive and as a result significantly impacts on other users’ ability to use Slibstream, we shall notify you accordingly and you shall promptly take appropriate steps to remedy such use. If you do not do so within a reasonable time, we shall be entitled to remove suspend and/or terminate your account at our discretion.

3.3 You agree not to use Slibstream to aid participation in any “like”, “share”, “comment” or “follower” exchange programs.

3.4 If you require any support in respect of your use of Slibstream you can launch a support ticket, watch a help video or email support@slibstream.com and we shall use our reasonable endeavours to resolve your problem within a reasonable period of time.

3.5 You may from time to time provide feedback to Slibstream either within the platform or otherwise. You agree that we shall own all rights in such feedback, but that we accept no obligations to act or otherwise consider the feedback or to amend Slibstream to reflect your feedback.

4. Your Instagram content

4.1 Your Slibstream account live updates every time you upload new content to Instagram. We live stream your Instagram content, and accordingly, we do not store your Instagram content.

4.2 We acknowledge and agree that you own all content accessed by Slibstream through your Instagram account, and you provide us with a right to access and use such content only for the purposes of operating your Slibstream account and making the content available to such or your Followers only on and in accordance with your instructions.

4.3 Notwithstanding any other provisions of the Instagram Terms of Use you agree that your content must comply with all applicable laws and regulations and you must own the copyright in your content, or you must have the permission of the copyright owner to allow us to use such content. We may ask you for evidence of compliance with this requirement at any time if you fail to provide such evidence, we can terminate your account.

4.4 All users of Slibstream acknowledge and agree that Slibstream is not responsible for and accepts no liability for user content. We accept no obligation to screen or monitor any user content.

4.5 In operating Slibstream we do not crawl and store users’ media, automate requests, or encourage unauthentic behaviour.

5. Slibstream Content

5.1 Except for user content, the copyright in all material contained in Slibstream including all information, data, text, images, and all source code and other software is owned by or licensed to Slibstream . All rights are reserved. You can view, print or download extracts of our content for your own purposes, but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use our content without our permission.

5.2 Registered Users can comment on blogs contained within Slibstream, and you agree that your comments shall be made in good faith, and shall comply with the provisions of Condition 3.1 above.

5.3 Slibstream may contain links to websites or apps operated by third parties. We do not have any influence or control over any such third party websites or apps and we are not responsible for and do not endorse any third party websites or apps or their availability or content.

5.4 We accept no responsibility for adverts contained within Slibstream. If you agree to purchase goods and/or services from any third party who advertises in Slibstream, you do so at your own risk. The advertiser, and not Slibstream, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser. You agree that if you provide any personal data to any such advertiser, the privacy policy of that advertiser shall apply to their use of your personal data.

5.5 If you believe that any content on Slibstream infringes your copyrights, you may submit a notice to us at support@slibstream.com including the following information:

(a) a physical or electronic signature of a person authorised to act on behalf of the owner of any exclusive right that is allegedly infringed;

(b) identification of the copyright work claimed to have been infringed;

(c) identification of the material that is claimed to be infringing;

(d) information reasonably sufficient to enable us to contact you, including your name, email and/or postal address;

(e) a statement that you have a good faith belief that use of the material on Slibstream is not authorised by the copyright owner, its agent and/or the law; and

(f) a statement that the information in the notice is accurate and under penalty of perjury, you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

6. Tracking Information

6.1 Registered Users may contact their Followers to invite them to view a Registered User’s content.

6.2 If you are accessing Slibstream only as a Follower for the purposes of viewing a Registered User’s Slibstream content, you have the option of allowing Slibstream to track your use of the Slibstream content. We agree only to track your use of Slibstream content if you have agreed to such tracking in respect of such Slibsteam content.

6.3 If you agree that we can track your use of Slibstream, we collect certain anonymous data when you view the Registered User’s content, see Clause 2.4 of the Privacy Policy for further information. We will use this tracking data only to provide to the Registered User whose content you viewed an anonymous heat map and tabular report with your geo location. We do not collect, process or store any personally identifiable information of a Follower unless you otherwise agree that we can do so.

6.4 If you are a Registered User and you wish to receive tracking information about your Followers, then you must pay the fee in accordance with Condition 7 below. Subject to receipt of the fee, you shall be entitled to receive the tracking data within your Slibstream account which you can download as a .csv file. Payment of the fee noted in Condition 7 also removes the advertisements from the Slibstream platform.

6.5 All tracking data provided to a Registered User is for information only and may only be used by the relevant Registered User. Registered Users must not attempt to use tracking data to try to identify any Follower, and/or to contact a Follower in any way including by phone, email, post, in-person for any reason including for sale or non-sale activities. Registered Users must not share tracking information with any third party.

7. Fee & Refunds Policy

7.1 Slibstream is free to use, but if a Registered User wishes to receive tracking data about their Followers they must pay a subscription fee. The fee can be paid on a monthly basis, or once a year. Payments are due in advance and your subscription shall not begin until we have received the first payment.

7.2 If, having paid the first instalment of the fee, you wish to cancel your subscription, you must log into your Slibstream account and raise a support ticket request within 14 days of the date of payment of the first instalment. On receipt of such a request, we shall terminate your subscription and within 14 days of such request we shall refund to you all fees paid.

7.3 Payments are made through our website and is made via WorldPay, Paypal, PayWithEither, Cryptonator.com and GoURL (together).

7.4 You can pay the subscription fee monthly only with PayPal and WorldPay. All other payment service providers require annual payments; this is because Crypto Currency payments cannot currently be scheduled to make monthly payments.

7.5 You can cancel your subscription fee at any time, provided that no refund shall be due. This means that if you cancel a monthly subscription before the end of the month or a yearly subscription before the end of the year, you will not receive a refund for the remainder of the duration of your subscription.

7.6 You agree that notwithstanding payment of the fee, we do not warrant that any of your Followers will view your content or agree that we can track their use. Accordingly, there may be no tracking data for a Registered User to access.

8. Availability

8.1 There may be occasions when access to Slibstream may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We shall have no liability for any such interruptions.

8.2 We reserve the right to remove any content or features from Slibstream for any reason, without prior notice and/or to suspend or cease providing any services relating to Slibstream without notice, and shall have no liability or responsibility to you in any manner whatsoever in such circumstances.

8.3 Slibstream uses third party APIs. Any limits or restrictions imposed by any third party API will be automatically reflected within your account. Slibstream has no control over these limits and will not be held responsible should any API limits and/or restrictions be enforced. Furthermore, Instagram may limit of block apps that make a large number of call to the API that are not primarily in response to direct user actions. Limits and restrictions may be enforced on a per user basis either by Slibstream, or as a result of any excessive access to or use of Instagram, which will prevent specific users from using Slibstream at any time.

9. Suspend or Delete an account

9.1 Without prejudice to any other rights or remedies available to us, we may suspend or delete your Slibstream account if:

(a) you have breached any provision of these Terms, including any failure to continue to pay the Fee;

(b) we cannot verify or authenticate any information you provide to us;

(c) we determine that your conduct could damage our reputation; and/or

(d) you have not accessed your Slibstream account for 6 months.

9.2 You may delete your Slibstream account, and all of your data data, at any time by managing your account within the Slibstream dashboard here. You can also delete your content by deleting it from your Instagram account.

9.3 If your Slibstream account is deleted:

(a) you must cease to use Slibstream;

(b) you may not re-register under a different name; and

(c) we will delete all of your data.

10. Liability and disclaimer – Your attention is particularly drawn to this section

10.1 We warrant that Slibstream is of satisfactory quality, fit for purpose and as described. Otherwise, Slibstream is provided on an “as is” basis. You acknowledge that Slibstream has not been developed to your specific needs.

10.2 If there is a problem with Slibstream that damages a device or any other digital content belonging to you and this is caused by our failure to use reasonable skill and care, we will either repair the damage or pay you compensation up to £20 per device provided that you submit acceptable evidence of the damage and/or financial loss caused by Slibstream. However, we will not be liable for damage which you could have avoided by following our advice to download and install an update offered to you for free or for damage caused by you failing to correctly follow instructions about Slibstream.

10.3 Nothing in these Terms shall limit or exclude our liability for (a) death or personal injury resulting from our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by English law.

10.4 Slibstream will not work on every device everywhere in the world. Users can freely test if Slibstream works on their device by accessing https://slib.co/slibstream.

10.5 An internet connection is required to use the service.

11. General

11.1 In these Terms (a) headings are for convenience only and do not affect interpretation; (b) words in the singular include the plural; and (c) including means including but not limited to.

11.2 These Terms and the Privacy & Cookie Policy (as amended from time to time) constitute the entire agreement between you and Slibstream concerning your use of Slibstream. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

11.3 You consent to receive all communications including notices and other information from Slibstream electronically. Slibstream may provide all such communications by email, text or by posting them on Slibstream. In accordance with the Privacy & Cookie Policy, you can choose to no longer receive marketing emails from us by notifying us at support@slibstream.com or within your account on Slibstream. However, we will retain your personal information whilst your Slibstream account remains live.

12. Disputes

12.1 If you have any complaint or wish to raise a dispute under these Terms or otherwise in relation to Slibstream please follow this link.

12.2 These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.

 

 

Last updated: December 2017