1. This policy
1.1. The App is owned and operated by Super Smashing Limited incorporated and registered in England and Wales with company number 08817286 whose registered office address is located at 71 Fanshaw Street, London, England, N1 6LA, (“we”, “us” or “our”).
1.2. This Policy governs your access and use of the App. Please read this Policy carefully because it applies to you an end user of the App (“End-user”, “you” or “your”) by virtue of a separate agreement between your employer (the “Customer”) and us (the “Agreement”). The Agreement contains our commitment to provide the App to the Customer (subject to the term of theAgreement), who may invite End-users to access and use the App.
1.3. If you have any questions about this Policy, please contact us using the contact details provided in section 2.1 below.
2. Your account
2.1. As part of the App registration process you will be required to provide an Email address and password (or Phone number). It is your responsibility to keep this information secure and confidential. If you suspect someone has gained access to your account, please contact us on firstname.lastname@example.org. We will help you in securing your account.
2.2. End-users must be real people and must not create and End-user profiles for anyone other than themselves. Profiles should be professional and it is the End-users responsibility to keep their profiles up-to-date and accurate.
3. Your content and acceptable use
3.1. The App allows you to create, upload, post, send, receive and store content on the App. You retain such ownership rights as you had in that content to begin with. You acknowledge we may use such content for the purposes of delivering your messages as part of the App and that we may store and copy your content for the purpose of making backups, to prevent data loss etc.We do not otherwise use the content you create, upload, post, send, receive and store on the App.
3.2. You must not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Policy, or act fraudulently or maliciously. For example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App or any operating system.
3.3. You must not infringe our intellectual property rights or those of any third party in relation to your use of the App including the submission of any content.
3.4. You must not transmit any content that is: defamatory; obscene, offensive or otherwise objectionable; promotes sexually explicit material, violence or discrimination based in race, sex, religion, nationality, disability, sexual orientation or age; is threatening or is likely to harass any person; or advocates or assists any unlawful act.
3.5. You must not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users of the App.
3.6. You must not 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.
3.7. We do not moderate any content on the App and accept no obligation to monitor such content.
3.8. End-users may be subject to additional obligations and requirements regarding content, imposed by the Customer by way of employment contracts, staff policies (such as IT security & social media policies) and the like. These are solely a matter for the Customer and End-user.
4. Removal of content
4.1. You may report content that you believe is in breach of this Policy by emailing email@example.com. Having received your report, we will determine, in our discretion, whether there has been a breach this Policy and act accordingly.
4.2. When a breach of this Policy has occurred, we may take such action as we deem appropriate which may include all or any of the following:
4.2.1. immediate, temporary or permanent withdrawal of the right for the offending End-user to use the App;
4.2.2. immediate, temporary or permanent removal of any offending content from servers controlled by us;
4.2.3. issue of a warning to the offending End-user;
4.2.4. legal proceedings against the Customer;
4.2.5. we may take any other action we reasonably deem appropriate;
4.2.6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary;
4.3. It is the technical nature of the App that those End-users with whom content has been sharedmay download or re-share any content with anyone on the App or otherwise. Whilst content maybe removed from our servers, in accordance with section 3.2.2, it may still persist on the Devicesof some End-users or in other forms.
5. Third party apps & services
5.1. The App provides links to other apps, software applications, information services or websites(non-Blink Services) which we believe may be of interest to you. Non-Blink Services are not under our control, and we are not responsible for and do not endorse their content. Non-BlinkServices may be subject to the privacy policies and terms of service of the relevant service provider.
5.2. For specific customers we may in our discretion agree to link the App to non-Blink Services requested by them and to provide assistance in setting up, testing and operating of those specific non-Blink Services.
5.3. The use of non-Blink Services is entirely at your own risk.
6. App availability
6.1. We may suspend, withdraw or restrict the availability of all or any part of the App for business and operational reasons. In particular, we may suspend withdraw or restrict any individual End-user’s access to the App with prompt notice to the Customer if the particular individual End-user is in breach of this Policy.
7. Updates/changes to the app
7.1.From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues.
7.2. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.
Communication between us
8.1. If you wish to contact us in writing you can do so by emailing firstname.lastname@example.org or by prepaid post to Super Smashing Ltd, trading as Blink, of 71 Fanshaw Street, London, N1 6LA. We will confirm receipt of this by contacting you in writing, normally by e-mail.
8.2. If we have to contact you or give you notice in writing, we will do so either by e-mail or by pre-paid post to the address you provide to us in your request for the App.