This page (together with the documents referred to on it) tells you the terms of use when making use of our website www.spontaniac.com (our site).Please read these Terms carefully before you start to use the site. By using our site, you indicate that you accept these Terms along with our Acceptable Use Policy and Privacy Policy and that you agree to abide by and give your consent to them. If you do not agree to these Terms, please refrain from using our site.

INFORMATION ABOUT US

Our site is a site operated and owned by Connected Thought Limited. Our address is Netherby, Childer Thornton, Ellesmere Port, Cheshire CH66 5PS. We are registered in England and Wales under company number 06734498.

ACCESSING OUR SITE

You must be 18 to use our site.

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide on our site without notice (see below). We will not be liable if for any reason our site or any of its services are unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site or our entire site.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures or as part of the Experience, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us or provided to you by the Creator, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms. Codes that are created to be provided to Participants should be used only for the purpose of the Experience.

When using our site, you must comply with the provisions of our Acceptable Use Policy. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection or those persons you are responsible for are aware of the terms applicable to the Participants as well as our Acceptable Use Policy and Privacy Policy, and that they comply with them.

DEFINITIONS

Creator: A person or company (including their agents, employees or representatives) who designs, implements and/or controls an Experience using our site.

Experience(s): The selection of without limitation tasks, videos, ideas and designs created by the Creator and engaged in by the Participants.

Participant: An individual who takes part in an Experience who is not a Creator.

Rewards: May include without limitation prizes, points, information, images, answers or assistance and may be virtual or real and are the sole responsibility of and at the sole discretion of the Creator unless otherwise agreed by us in writing.

PLAYING AND CREATING

Once you have registered with us you can use our site and you can undertake any of the Spontaniac original free Experiences and send any of the Spontaniac original Experiences to your friends, family and contacts for free. If you wish to create your own Experiences and create your own Rewards then you will be required to subscribe as a member of Spontaniac. There is a monthly subscription fee to enable you to create Experiences and Rewards. Creating Rewards is not an obligatory or necessary element of Experiences and is entirely at the Creator’s discretion. The nature, subject and content of the Rewards and Experiences must comply with our Acceptable Use Policy. If you choose to create an Experience then you must first read our terms for Creators.

You choose whether you wish to create or undertake Experiences. The Experiences and Rewards are personal to the Creator and the Participants in that Experience and we are not a third party to that relationship. Creators and Participants agree and acknowledge that at no time do any of the communications made between the Creators and Participants constitute a contract or an intention to create a legal relationship between the Creator and the Participants or vice versa. Creators and Participants agree and acknowledge that we are not responsible for providing rewards or compensation in cases where rewards are not provided. By taking part in the Experience Participants agree not to pursue us for outstanding rewards.

All content is subject to our Acceptable Use Policy and any breach of such policy shall be deemed a material breach of these Terms and entitle us to terminate your subscription and use of our site immediately without affecting our rights to any further remedies available.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You hereby acknowledge that your use of our site and related software is under a non-exclusive licence granted by us which can be revoked at any time if you fail to adhere to our Terms or our acceptable use policy.

For content that you upload and supply to our site like photos and videos ("IP"), you specifically grant us a non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, worldwide licence in perpetuity to use any IP that you post on or in connection with our site ("IP License"), including for marketing and promotional purposes relating to the site and our business. This IP License ends when you delete your IP content or your account (except to the extent your content has been shared with others, and they have not deleted it or as suggested Experiences and Rewards for other users).

When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

You warrant that any content uploaded or provided does not infringe any third party rights including any intellectual property rights and that you shall indemnify us fully against any and all losses, costs (including legal and professional) and/or damages incurred by us as a consequence of your breach of this warranty either by intention, negligence or otherwise. You acknowledge that we reserve the right to pre-screen, refuse, or delete any content uploaded or supplied by you without notice or liability to you or any other party, including upon our belief that your conduct, content, or use of our website is potentially illegal, threatening, or otherwise harmful to any user or other person or is in violation of our Terms or our Acceptable Use Policy.

You hereby provide your consent to permit others to use your content as part of their undertaking or sharing the Experiences or Rewards and such usage shall not be an infringement of your intellectual property rights.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

You acknowledge that where any data is compiled or the used the Creator is the data controller, in accordance with the Data Protection Act 1998.

DISPUTES

If anyone brings a claim against us related to your actions or your content on our site you will indemnify and hold us harmless from and against all damages, losses and costs (including legal and professional) related to such claim.

RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

YOUR SAFETY

Whenever you meet with people online or offline you must use sound judgement and take steps to protect yourself. It is possible for people to misrepresent themselves. When meeting in person always let a trusted friend or family member know where you are going, meet in a public place, and take a fully charged mobile telephone. Do not agree to take part in any activities that appear to you to be illegal or immoral, and under no circumstances put your health or personal safety in danger. Do not invite people you don’t know to your home, or leave them alone with your valuables.

Although users of our site are required to give accurate personal information, we do not carry out background checks. To the extent permitted by law, we hereby exclude any liability for the consequences of taking part in any of the experiences featured on our site. This does not affect our liability for death or personal injury arising from our negligence.

OUR SITE CHANGES REGULARLY

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

OUR LIABILITY

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. We do not ensure continuous, error-free, secure or virus-free operation of our website or associated software, or our servers, and we reserve the right to change and/or eliminate any aspect(s), features or functionality of our website as we see fit at any time without notice. You understand that you shall not be entitled to refunds or other compensation based on Spontaniac's failure to provide any of the foregoing.To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
    • loss of income or revenue;
    • loss of business;
    • loss of profits or contracts;
    • loss of anticipated savings;
    • loss of data;
    • loss of goodwill;
    • wasted management or office time; and
    • for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

You acknowledge that you are solely responsible for your actions and behaviour relating to any Experience in which you choose to participate

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

TRANSACTIONS CONCLUDED THROUGH OUR SITE

Contracts for the supply of goods and/or services formed through our site or as a result of visits made by you are governed by these Terms.

Uploading material to our site.

Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you indemnify us and hold us harmless for any breach of that warranty.

Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you unless you have a license to do so.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.

If you wish to make any use of material on our site other than that set out above, please address your request to info@spontaniac.com

LINKS FROM OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms are governed by English law.

VARIATIONS

We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our site.

YOUR CONCERNS

If you have any concerns about material which appears on our site, please contact info@spontaniac.com

Acceptable use policy

This Acceptable Use Policy sets out the terms between you and us under which you may access our website www.spontaniac.com (our site). This acceptable use policy applies to all users of, and visitors to, our site, whether you are a Creator or a Participant of Experiences included on or through our site.

Your use of our site means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy, which supplement our terms of website use.

Our site is a site operated by Connected Thought Limited whose registered address is Netherby, School Lane, Childer Thornton, Ellesmere Port, Cheshire CH66 5PS. We are registered in England and Wales under company number 06734498. Our VAT number is 919707201.

PROHIBITED USES

You may use our site only for lawful purposes. You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation;
  • If you are under 18 years of age;
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • For the purpose of harming or attempting to harm minors in any way;
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use;
  • Not to interact with any other user where you have reason to believe that they are under the age of 18;
  • Not to post any information about another that includes their identification or financial information;
  • Not to collect information about any other without their prior written consent;
  • Not to share your password or allow any other to access your account nor transfer your account;
  • Not to solicit account information from any other user;
  • Not to log on to any account other than your own;
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of our site;
    • any equipment or network on which our site is stored;
    • any software used in the provision of our site; or
    • any equipment or network or software owned or used by any third party.

INTERACTIVE SERVICES

Due to the nature of Spontaniac and the activities available on our site there will be interactive services on our site, including, without limitation:

  • Chat rooms.
  • Bulletin boards.
  • Interactive Experiences and rewards.

Interactive services

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise. In all cases the Creator of an Experience shall be responsible for moderating and monitoring their Participants’ use of the interactive service relating to that Experience.

CONTENT STANDARDS

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • Be accurate (where they state facts);
  • Be genuinely held (where they state opinions);
  • Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • Contain any material which is defamatory of any person;
  • Contain any material which is obscene, offensive, hateful or inflammatory;
  • Promote sexually explicit material;
  • Promote violence or depict graphic violence;
  • Promote cruelty to animals or depict cruelty to animals;
  • Involve or depict minors;
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person;
  • Be likely to deceive any person;
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • Promote any illegal activity;
  • Be threatening, abuse or invade another´s privacy, or cause annoyance, inconvenience or needless anxiety;
  • Be likely to harass, upset, embarrass, alarm or annoy any other person;
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
  • Give the impression that they emanate from us, if this is not the case;
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse;
  • Include visual images of any individuals who have not given their explicit consent to be featured.

SUSPENSION AND TERMINATION

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site;
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
  • Issue of a warning to you;
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • Further legal action against you;
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

CHANGES TO THE ACCEPTABLE USE POLICY

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.