DOWN

Terms of Use

  • 1. Types of content

    There are two types of content that you will be able to access on the App:

    1. content that you upload and provide ("Your Content");
    2. content that members provide ("Member Content"); and

    There is certain content we can't allow on Down app

    We want our users to be able express themselves as much as possible and post all sorts of things on Down, but we have to impose restrictions on certain content which:

    • contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
    • is obscene, pornographic, violent or otherwise may offend human dignity;
    • is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry;
    • encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
    • is defamatory or libellous;
    • involves the transmission of "junk" mail or "spam";
    • shows another person which was created or distributed without that person’s consent.

    Down operates a zero-tolerance policy for this kind of content.

    Your Content

    As Your Content is unique, you are responsible and liable for Your Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content. Sorry that was a bit of a mouthful, but you are what you post!

    You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit / debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.

    As Down is a public community, Your Content will be visible to other users of the App all around the world instantly - so make sure you are comfortable sharing Your Content before you post. As such, you agree that Your Content may be viewed by other users and any person visiting, participating in or who is sent a link to the App (e.g. individuals who receive a link to a user’s profile or shared content from other Bumble Users). By uploading Your Content on Down, you represent and warrant to us that you have all necessary rights and licences to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide licence to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).

    We may assign and/or sub-license the above licence to our affiliates and successors without any further approval by you.

    We have the right to remove, edit, limit or block access to any of Your Content at any time, and we have no obligation to display or review Your Content.

    Member Content

    Other members of Down will also share content via the App. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the App at the direction of the user providing the Member Content.

    You do not have any rights in relation to other users' Member Content, and you may only use other Down users' personal information to the extent that your use of it matches Down purpose of allowing people to meet one another. You may not use other users' information for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users' information.

  • 2. Terms

    By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

  • 3. Use License

    Permission is granted to temporarily download one copy of the materials (information or software) on DOWN's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

    • Modify or copy the materials;
    • Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    • Attempt to decompile or reverse engineer any software contained on DOWN's web site;
    • Remove any copyright or other proprietary notations from the materials;
    • Transfer the materials to another person or "mirror" the materials on any other server.
    • This license shall automatically terminate if you violate any of these restrictions and may be terminated by DOWN at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
  • 4. Disclaimer

    The materials on DOWN's web site are provided "as is". DOWN makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, DOWN does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

  • 5. Limitations

    In no event shall DOWN or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on DOWN's Internet site, even if DOWN or a DOWN authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

  • 6. Content

    Any content that you submit to DOWN shall be under your ownership and non-objectionable. DOWN reserves the right to remove any content from our services, as well as takes steps to prevent, remove, or otherwise limit objectionable content and users that submit it.

  • 7. Revisions and Errata

    The materials appearing on DOWN's web site could include technical, typographical, or photographic errors. DOWN does not warrant that any of the materials on its web site are accurate, complete, or current. DOWN may make changes to the materials contained on its web site at any time without notice. DOWN does not, however, make any commitment to update the materials.

  • 8. Links

    DOWN has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by DOWN of the site. Use of any such linked web site is at the user's own risk.

  • 9. Site Terms of Use Modifications

    DOWN may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

  • 10. Governing Law

    Any claim relating to DOWN's web site shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions.

    General Terms and Conditions applicable to Use of a Web Site.