Date of last revision: 3.9.2020.
THESE RULES SET OUT WHAT YOU CAN AND CANNOT DO WHEN USING THE WEBSITE – PLEASE READ CAREFULLY BEFORE USE
This acceptable use policy (the “Acceptable Use Policy”) sets out the terms under which You may access phlow’s website located at www.phlow.com and the “phlow” application (collectively the “Website”). This Acceptable Use Policy supplements all other documents, policies and terms governing Your Use of the Website. This Acceptable Use Policy applies to all Users of the Website.
Your Use of the Website means that You accept, and agree to abide by, all the terms in this Acceptable Use Policy.
The Website is a site operated by phlow Zone Limited (“phlow”). phlow is registered in England and Wales under company number 09777976 and its registered office is at 78 York Street, London W1H 1DP.
1. USER RESTRICTIONS
1.1 You may Use the Website only for lawful purposes. You therefore may not Use the Website:
1.1.1 in any way that breaches any applicable local, national or international law or regulation;
1.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
1.1.3 for the purpose of harming or attempting to harm others, or for the purposes of promoting the same;
1.1.4 to send, knowingly receive, upload, download, use or re-use any material which does not, or encourages others to not, comply with phlow’s content standards set out in clause 2;
1.1.5 to encourage other Users to use violence or commit illegal or criminal acts;
1.1.6 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
1.1.7 to collect User Content or otherwise search or scrape the Website using automated means (such as harvesting bots, robots or scrapers) without phlow’s permission;
1.1.8 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 or circumvent phlow’s security or authentication measures; or
1.1.9 to represent Yourself as phlow’s agent, partner or affiliate, or make any representations, warranties or guarantees in respect of the Website.
1.2 You agree not to:
1.2.1 use meta tags, hidden text or metadata with phlow’s trademark, logo, URL or product name without phlow’s written consent;
1.2.3 upload large amounts of unwanted or repetitive User Content, post unsolicited commercial messages in comments, captions or tags, or try to artificially boost views or comments;
1.2.4 provide Account Details that are inaccurate, unlawful or infringe the Intellectual Property Rights of any third party, or represent that the Account is associated with the identity of any third party rather than the Account Holder;
1.2.5 sell or transfer Your Account Details to any other person for compensation;
1.2.7 access without permission, or interfere with, damage or disrupt any:
part of the Website;
equipment or network on which the Website is stored;
software used in the provision of the Website; or
equipment or network or software owned or used by any third party.
1.3 You may not solicit the Account Details or access any Account that belongs to another User, or undertake any related actions that violate the privacy or publicity rights of another User.
1.4 You will not post anyone’s identification documents, sensitive financial information or information that is reasonably deemed to be confidential or private on the Website.
2. USER CONTENT STANDARDS
2.1 phlow’s aim is to maintain a safe and secure environment and to keep the Website a pleasurable experience for everyone. phlow therefore requires that User Content must not:
2.1.1 defame any person;
2.1.2 discriminate against any person based on race, sex, religion, nationality, disability, sexual orientation or age;
2.1.3 infringe the Intellectual Property Rights of any person;
2.1.4 copy any person, or misrepresent the identity or affiliation of any person with any other person;
2.1.5 deceive, or be likely to deceive, any person;
2.1.6 breach any legal duty owed to a third party (such as a contractual duty or a duty of confidence);
2.1.7 promote illegal activity;
2.1.8 threaten, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
2.1.9 be sexually explicit or pornographic, exploits or presents minors in a sexual way, or promotes adult sexual services;
2.1.10 give the impression that it emanates from or is approved or endorsed by, phlow if this is not the case; or
2.1.11 advocate, promote or assist any unlawful act (such as copyright infringement or computer misuse).
2.2 When uploading any User Content and when placing tags on any images, You will be required to provide phlow with information about that content to enable other Users to access it. You therefore must:
2.2.1 provide true, accurate and complete information, including telling phlow whether or not the relevant User Content contains nudity, violence or other similar content; and
2.2.2 confirm that the relevant User Content is not in breach of any laws both in the UK and the country in which the User Content was uploaded.
Failure to do so will result in Your Account being suspended, disabled or otherwise terminated and the relevant content removed, confiscated and disclosed along with Your Account Details under clause 3.2.6.
2.3 Any User Content that relates to comments must be accurate, genuinely held and compliant with applicable laws in the UK and in any country from which they are posted.
3. SUSPENSION AND TERMINATION
3.1 You may notify phlow at any time if You reasonably consider that there has been a breach of this Acceptable Use Policy. phlow will determine, in its discretion, whether there has been a breach of this Acceptable Use Policy through Your Use of the Website.
When a breach of this Acceptable Use Policy has occurred, phlow may take such action as phlow deems appropriate.
3.2.1 immediately (whether temporarily or permanently) withdrawing Your access to the Website;
3.2.2 immediately (whether temporarily or permanently) removing any posting or material uploaded by You to the Website;
3.2.3 issuing a first or second warning to You;
3.2.4 notifying You, and requiring You to take all necessary steps at Your own cost, to remove any link or frame of any part of the Website contained on any other website;
3.2.5 taking legal proceedings against You for the reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
3.2.6 taking further legal action against You; and
3.2.7 disclosing such information to law enforcement authorities either as required or as phlow reasonably feels is necessary.
3.3 phlow excludes all liability for its actions taken in response to breaches of this Acceptable Use Policy. The responses described in this Acceptable Use Policy are not limited, and phlow may take any other action phlow reasonably deems appropriate.
3.4 Any decision made by phlow to terminate or suspend Your Account or any Account Holder shall be final.
4. USE BY MINORS
4.1 The Use of any of phlow’s interactive services by anyone under the age of 16 is prohibited.
4.3 At all times when using the Website, whether as an Account Holder or otherwise, You must:
4.3.1 provide true and accurate information to allow phlow to verify Your age;
4.3.2 take all necessary steps and precautions to ensure that no-one under the age of 18 accesses or views restricted User Content; and
4.3.3 not access any age restricted User Content that contains nudity or violence if You are under the age of 18.
phlow 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 phlow 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 the Website.
6.1 You may contact phlow in relation to any queries You have in relation to this Acceptable Use Policy or any documents referred to in it. Please direct all queries to firstname.lastname@example.org in the first instance, or to phlow’s registered address.