AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Nifty Stories (“Company”, “we”, “us”, or “our”), concerning your access to and use of the https://niftystories.co.uk/ website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Kingdom, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

If there is an image appearing on this Site that belongs to you and you do not wish for it to appear on this domain, please email us for removal.

This Site contains free and unencumbered media released into the public domain.

Anything is free, either in source code form or as a compiled binary, for any purpose, commercial or non-commercial, and by any means.

In jurisdictions that recognize copyright laws, the author or authors of this webpage dedicate any and all copyright interest in the software to the public domain. We make this dedication for the benefit of the public at large and to the success of our heirs. We intend this dedication to be an overt act of relinquishment in perpetuity of all present and future rights to access this domain under copyright law.

THE WEBSITE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE DOMAIN OR THE USE OR OTHER DEALINGS OF THE DOMAIN.

USER REPRESENTATIONS

By using the Site, you represent and warrant that:

  1. All registration information you submit will be true, accurate, current, and complete;
  2. You will maintain the accuracy of such information and promptly update such registration information as necessary;
  3. You have the legal capacity and you agree to comply with these Terms of Use;
  4. You are not under the age of 13;
  5. You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;
  6. You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
  7. You will not use the Site for any illegal or unauthorized purpose; and
  8. Your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).


USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.


PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  5. Use any information obtained from the Site in order to harass, abuse, or harm another person.
  6. Make improper use of our support services or submit false reports of abuse or misconduct.
  7. Use the Site in a manner inconsistent with any applicable laws or regulations.
  8. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  10. Sell or otherwise transfer your profile.
  11. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  12. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  13. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  14. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  15. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  16. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  17. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or use or launch any unauthorized script or other software.
  18. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  19. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
  20. Use the Site to maliciously harass any of the represented celebrities.
  21. Trespass onto any person’s home that has been shown on the Site.
  22. Fail to contribute to the optimistic aspirations for the future of architecture.

USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other interactive features, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.

When you create or make available any Contributions, you thereby represent and warrant that:

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each such person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
  4. Your Contributions are not false, inaccurate, or misleading.
  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  9. Your Contributions do not violate any applicable law, regulation, or rule.
  10. Your Contributions do not violate the privacy or publicity rights of any third party.
  11. Your Contributions do not contain material that solicits personal information from anyone under the age of 18 or exploits minors in a sexual or violent manner.
  12. Your Contributions do not violate any applicable laws concerning child pornography or other laws intended to protect the health or well-being of minors.
  13. Your Contributions do not include offensive comments related to race, national origin, gender, sexual preference, or physical handicap.
  14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

By posting your Contributions to any part of niftystories.co.uk (the “Site”), you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels now known or hereafter developed.

This license applies to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property or proprietary rights associated with them. We are not liable for any statements or representations in your Contributions. You are solely responsible for your Contributions and agree to indemnify and hold us harmless from any claims arising from them.

We reserve the right, at our sole discretion, to (1) edit, redact, or otherwise change any Contributions; (2) re-categorize Contributions to more appropriate locations on the Site; and (3) pre-screen, refuse, or remove any Contributions at any time and for any reason, without notice or liability. We have no obligation to monitor Contributions.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and may use and disseminate such Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive all moral rights in your Submissions and warrant that such Submissions are original or that you have rights to submit them. You agree that you have no recourse against us for alleged infringement or misappropriation of proprietary rights in your Submissions.

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain links to third-party websites (“Third-Party Websites”) and third-party content such as articles, photos, graphics, music, software, and other materials (“Third-Party Content”). We do not investigate, monitor, or verify the accuracy or appropriateness of Third-Party Websites or Content and are not responsible for them or their content. Inclusion of such links or content does not imply endorsement by us. Accessing Third-Party Websites or using Third-Party Content is at your own risk, and these Terms of Use do not apply to them. Purchases made through Third-Party Websites are solely between you and the third party, and we disclaim all responsibility and liability. You agree to hold us harmless from any harm, losses, or damages arising from your use of Third-Party Websites or Content.

ADVERTISERS

We allow advertisers to place advertisements on the Site. Advertisers are solely responsible for their ads, products, and services and warrant they have all necessary rights to do so. We provide the platform for advertising but have no other relationship with advertisers.

SITE MANAGEMENT

We reserve the right, but are not obligated, to:

  1. Monitor the Site for violations of these Terms;
  2. Take legal action against violators, including reporting to authorities;
  3. Refuse, restrict, or disable access to Contributions or any content at our discretion;
  4. Remove or disable content that is excessive or burdensome to our systems;
  5. Manage the Site to protect our rights and ensure proper operation.

PRIVACY POLICY

Your privacy matters to us. Please review our Privacy Policy at https://www.urbansplatter.com/disclaimers/. By using the Site, you consent to data collection and processing as described therein. The Site is hosted in the UK; if you use it from elsewhere, your data will be transferred to and processed in the UK. We do not knowingly collect information from children under 13 without parental consent and will delete such data if discovered.

COPYRIGHT INFRINGEMENTS

We respect others’ intellectual property rights. If you believe material on the Site infringes your copyright, please notify us promptly with appropriate details. Please be aware that false claims may result in liability. If unsure, consult an attorney before filing a notice.

TERM AND TERMINATION

These Terms remain effective while you use the Site. We may, at our sole discretion and without notice, deny or terminate your access for any reason, including violation of these Terms or applicable laws. Termination may include deletion of your account and content. You may not create new accounts to circumvent termination. We reserve the right to pursue legal action as appropriate.

Terms of Use

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without prior notice. However, we have no obligation to update any information on the Site. We may also modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. The Site may experience interruptions, delays, or errors due to hardware, software, maintenance, or other issues. We reserve the right to revise, update, suspend, discontinue, or otherwise modify the Site at any time without notice. You agree that we are not liable for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance. Nothing in these Terms of Use obligates us to maintain, support, or provide updates or corrections for the Site.

Governing Law

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

Dispute Resolution

Binding Arbitration

Any dispute arising out of or related to this agreement, including disputes regarding its existence, validity, or termination, shall be finally resolved by arbitration before the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146), in accordance with its rules. The arbitration will be conducted as follows:

  • Number of arbitrators: __________
  • Seat (legal place) of arbitration: __________
  • Language of proceedings: __________
  • Governing substantive law: __________

Restrictions

The parties agree that arbitration shall be limited to disputes between the parties individually. To the fullest extent permitted by law:
(a) No arbitration shall be joined with any other proceeding;
(b) There is no right or authority for any dispute to be arbitrated on a class-action basis or using class action procedures;
(c) There is no right or authority for any dispute to be brought on behalf of the general public or any other persons.

Exceptions to Arbitration

The following disputes are excluded from binding arbitration:
(a) Disputes seeking to enforce or protect intellectual property rights;
(b) Disputes related to theft, piracy, invasion of privacy, or unauthorized use;
(c) Claims for injunctive relief.

If any portion of this arbitration provision is found to be illegal or unenforceable, that portion shall be severed, and such disputes shall be decided by a court of competent jurisdiction as specified under Governing Law. The parties consent to the jurisdiction of such courts.

Corrections

The Site may contain typographical errors, inaccuracies, or omissions including descriptions, pricing, and availability. We reserve the right to correct any errors and update the information on the Site at any time without prior notice.

Disclaimer

The Site is provided on an “AS IS” and “AS AVAILABLE” basis. Your use of the Site is at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no representations about the accuracy or completeness of the Site content or linked websites and assume no liability for:

  1. Errors or inaccuracies in content or materials;
  2. Personal injury or property damage resulting from use of the Site;
  3. Unauthorized access to secure servers or data;
  4. Interruptions or cessation of transmission;
  5. Transmission of viruses or harmful components from third parties;
  6. Any loss or damage from use of content on the Site.

We do not warrant or endorse any third-party products or services advertised on or linked from the Site and disclaim responsibility for any transactions you conduct with third parties.

Limitations of Liability

We, our directors, employees, or agents shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages, including lost profits or data, arising from your use of the Site, even if advised of the possibility of such damages.

Our total liability for any claim shall not exceed the lesser of the amount you paid us, if any, or $35 USD.

Some jurisdictions do not allow limitations on implied warranties or exclusion of certain damages, so some limitations may not apply to you.

Indemnification

You agree to indemnify and hold harmless us, our affiliates, officers, agents, and employees from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of:

  1. Your contributions;
  2. Use of the Site;
  3. Breach of these Terms;
  4. Violation of third-party rights;
  5. Harmful acts toward other users.

We reserve the right to assume the defense of any claim at your expense.

User Data

You are responsible for any data you transmit to the Site. While we perform routine backups, we are not liable for any data loss or corruption.

Electronic Communications, Transactions, and Signatures

By using the Site, sending emails, or completing forms, you consent to electronic communications. You agree that electronic notices, agreements, and signatures satisfy any legal requirements for written communication and signatures.

California Users and Residents

If you have a complaint that is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs:
Address: 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834
Phone: (800) 952-5210 or (916) 445-1254

Miscellaneous

These Terms constitute the entire agreement between you and us regarding the Site. Failure to enforce any provision shall not be deemed a waiver. These Terms are enforceable to the fullest extent allowed by law.

We may assign our rights and obligations without notice. We are not liable for delays or failures caused by events beyond our control.

If any part of these Terms is found unlawful or unenforceable, the remainder will remain in effect.

No agency, partnership, joint venture, or employment relationship is created by these Terms.

You waive any defenses related to the electronic form or lack of signatures in these Terms.