Placecloud is the trading name of Kyndrid Limited, a company registered in England with company registration number 10162777. References to Placecloud, we and us always refer to Kyndrid Limited.
These Terms of Service (Terms) govern your access to and use of our services, including our website, email notifications, applications, buttons, widgets, ads, commerce services, (collectively, the Services), and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as Content). By using the Services you agree to be bound by these Terms.
- Who May Use the Services
You may use the Services only if you agree to form a binding contract with Placecloud and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 13 years old to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organisation, government, or other legal entity, you represent and warrant that you are authorised to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
- How to Use the Services
- Content on the Services
You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.
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. 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. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.
- Your Rights and Grant of Rights in the Content
You retain your rights to any Content you submit, post or display on or through the Services. What’s yours is yours — you own your Content (and your incorporated audio and images are considered part of the Content).
We need to be able to make your Content available to other users of the Services, and to use your Content in the promotion of the Services. This does not affect your ownership of the rights in your Content. Please note that in using your Content in this way:
(i) We do not use your Content to generate any fees for ourselves – all fees generated by your Content are generated as described in the Remuneration section below.
(ii) When promoting your Content or the Services we do so by sending a link to Content which will direct users back to the relevant Content page on the Placecloud website. Certain services may display this link as an image along with the first few lines of the relevant content. However, your Content is not distributed by us to any other service.
By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license of such of your intellectual property rights in your Content as are necessary in order to enable us to promote your Content and the Services as described above.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through the Services. You agree that such Content will not contain material subject to any third party copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Placecloud the license described above.
You are free to use texts published elsewhere, for example in books or blogs, as the basis for your viewpoints, so long as those texts are adapted specifically for the viewpoint format as Content published via the Services.
Placecloud may develop revenue streams (which may include a VAT element), either from users who subscribe to a premium account in order to access advanced functionality, or from commercial entities who wish to access Placecloud’s userbase, or other kinds of revenue streams. Placecloud will retain the VAT element for payment to HMRC and will deduct any other relevant 3rd party costs (such as Stripe fees, Google Street View API fees, Google Maps API fees, etc.).
After such deductions, Placecloud agrees to pay 70% of the subscription fees received each month to its Content providers. This is divided between Content providers based on streams of their content (a stream counts as 30 seconds or more played). This income will be accrue to you on a monthly basis, and will be displayed in your Account.
Placecloud will retain the remaining 30% of the revenues (after the above mentioned deductions).
- Using the Services
You may use the Services only in compliance with these Terms and all applicable laws, rules and regulations.
Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, suspend or terminate users, and reclaim usernames without liability to you.
In consideration for Placecloud granting you access to and use of the Services, you agree that Placecloud and its third-party providers and partners may place advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. You also agree that Placecloud may offer users paid subscriptions by which subscribers can access Content presented in different ways, for example via maps or via search functions.
You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide.
You may not do any of the following while accessing or using the Services:
(i) access, tamper with, or use non-public areas of the Services, Placecloud’s computer systems, or the technical delivery systems of Placecloud’s providers;
(ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
(iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Placecloud (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Placecloud (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Placecloud is expressly prohibited);
(iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or
(v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
(i) satisfy any applicable law, regulation, legal process or governmental request,
(ii) enforce the Terms, including investigation of potential violations hereof,
(iii) detect, prevent, or otherwise address fraud, security or technical issues,
(iv) respond to user support requests, or
- Your Account
You may need to create an account to use some of our Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them.
- Your License to Use the Services
Placecloud gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Placecloud, in the manner permitted by these Terms.
Nothing in the Terms gives you a right to use the Placecloud name or any of the Placecloud trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Placecloud and its licensors. Any feedback, comments, or suggestions you may provide regarding Placecloud, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
- Ending These Terms
You may end your legal agreement with Placecloud at any time by deactivating your accounts and discontinuing your use of the Services, or by contacting Placecloud by email.
- Limitations of Liability
By using the Services you agree that Placecloud, its parents, affiliates, related companies, officers, directors, employees, agents representatives, partners and licensors, liability is limited to the maximum extent permissible in your country of residence.
We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at www.placecloud.io/experts-terms, will govern our relationship with you. Other than for changes addressing new functions or made for legal reasons, we will notify you 30 days in advance of making effective changes to these Terms that impact the rights or obligations of any party to these Terms, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Placecloud’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
These Terms, and your use of the Services, are subject to English law.
These Terms are an agreement between you and Kyndrid Limited.
2nd September 2022