1 May 2015
Nurphy Ltd is a company registered in England and Wales, with company number 07038083 and registered office at Nurphy Ltd, 2 Chapel Court, Holly Walk, Leamington Spa, CV32 4YS.
Scope of this document
This document sets out our general terms for use of this web site, the Nurph application(s) and channels (the "Services"), whether you are a casual visitor to this web site or you have an account with us.
YOU USE OUR WEB SITE AT YOUR SOLE RISK. WE DO NOT UNDERTAKE AND HEREBY DISCLAIM ANY DUTY OF CARE TO YOU WITH REGARD TO OUR WEB SITE, ITS CONTENTS OR ANY USERS OF OUR WEB SITE. WE EXCLUDE ANY LIABILITY WE MAY HAVE TO YOU (WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, DEFAMATION OR OTHERWISE HOWSOEVER) IN CONNECTION WITH OUR WEB SITE, ITS CONTENTS OR ANY USERS OF OUR WEB SITE, TO THE FULLEST EXTENT PERMITTED BY LAW.
This web site is intended for use by anyone 16 or over, but only persons aged 18 or over may register.
Acceptance of these terms
By using our web site, you confirm that you agree to these web site terms.
Service Provided by this Web Site
This web site provides a tool for holding real-time chat on URLs and live group video and audio streaming within the Nurph Channels, including video replay.
You are responsible for your use of the Services and for any videos, live videos, information, text, graphics, images or other materials uploaded, downloaded or appearing on the Services (together the "Content").
The Content you submit, post or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these terms.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We cannot guarantee any confidentiality with respect to Content. We may, but are not required to monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content posted via the Services or obtained by you through the Services is at your own risk. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
We do not endorse any Content or any opinion, recommendation, or advice expressed therein.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to suspend and or terminate users without liability to you.
You may not post Content that:-
- Impersonates another person or entity in a manner that does or is intended to mislead, confuse or deceive others;
- Violates the rights of a third party, including copying, trademark, privacy and publicity rights;
- Is a direct and specific threat of violence to others;
- Is furtherance of illegal activities; or
- Is harassing, intimidating, abusive or constitutes spam.
Apart from any materials submitted by users of our web site, all copyrights, trademarks and all other intellectual property rights in and to the name Nurph, this web site and its contents, including all help pages, information guides, terms and conditions, policies, and all text, images, data, materials, scripts, mark-up, css, and other content on this site, belong to us.
You are permitted to download the web pages that make up this site through a web browser and to store them in a browser cache for off-line viewing, in connection with your use of this web site.
By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sub-license) to use, copy, reproduce, process, adapt, publish, broadcast, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You may also make an electronic copy of and/or print off any web pages from this web site, for your own personal use, for the purposes of reading materials on this web site, registering with this web site, keeping a record of your registration with this web site and our terms and conditions.
You may not otherwise use, download, copy, publish, transmit, or distribute any pages or information from this web site, and any other use or reproduction of the material or content of this web site is strictly prohibited, except for any materials which you provided to this web site as a user.
If you feel that any materials on this web site infringe your intellectual property rights, to enable us to deal with the matter, please write to us with details of the materials in question and the rights you claim are infringed.
We accept no responsibility or liability for the content or operation of websites which link to our web site or which we may link to or advertise. We accept no responsibility for any websites which any user may link to, including any material which they are permitted to include on this web site.
The fact that any such website or content is linked to or aggregated on our web site is not to be taken as being endorsed or otherwise approved by us.
In common with many other online services, we may use "cookies" to store and sometimes track information about your usage of our web site.
Cookies are small pieces of information that are transferred from our web site to and stored by your browser on your computer.
They help us to improve our site and to deliver a better more personalised service. For instance, they enable us to estimate our audience size and usage pattern, to store information about site preferences, to speed up your searches; and to recognise you when you return to our site.
For further details on cookies we recommend that you visit www.allaboutcookies.org.
This web site and any transactions conducted through this web site are in the English Language. We do not offer any other languages at the moment.
Law and Jurisdiction
This web site is subject to the law of England and Wales, which shall govern your use of this site and any claims in relation to this site, and you submit to the exclusive jurisdiction of the English courts in relation to any claims you may wish to make against us in relation to this web site.
Subscriptions, Billing, Refund Policy, and Premium Services
The web site may modify the fees for the service with two weeks notice to affected account holders.
The web site is not liable for changes to the service, service fee changes, or any effects of the suspension or termination of your account.
You are required to maintain a valid credit card when applying for premium services of this web site.
Your credit card will be billed once a month for your subscription fee and any transaction charges. You have two weeks to review the bill and request corrections. the Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding customers within the tax authority local to Nurphy Ltd.
For any upgrade or downgrade in subscription level, the credit card that you provided will automatically be charged the new rate on your next billing cycle.
Downgrading your subscription level may cause loss of content, features, or capacity of your account. Nurphy Ltd does not accept liability for such loss.
Cancellation and Termination
Your account may be terminated for any violation of these Terms of Service, at our discretion.
In the event that we have reason to believe that you are violating these Terms and elects to make unavailable or delete content, or suspend your account, you acknowledge that you will have no right to receive any refund, fee, or payment for said removal/suspension.
Cancelling your account will result in the deletion of account data.
Nurphy Ltd will send you one final invoice after cancellation for any unpaid transaction fees. There is no pro-rated refund or discount provided when an account is cancelled.
We may change these web site usage terms from time to time and will update this page accordingly. By using this web site, or accepting these terms, you agree to be bound by any such revisions in effect at the time of use and should therefore periodically visit this web page to determine the current usage terms applicable to users of the web site.