Terms and Conditions
HERE AT ROCKFIG, WE REALLY WANT YOU TO KNOW WHAT YOU'RE SIGNING UP FOR, SO PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS LOTS OF IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS SO THAT EVERYONE USING THE WEBSITE CAN DO SO SAFELY AND SECURELY.
1.1 To make this document easier to read, we have defined a couple of terms so that they don't need to be explained again each and every time they are mentioned.
"Website" means any website maintained by Rockfig including without limitation the website at www.rockfig.com and its subdomains, any associated social networking profiles and any applications for mobile devices that Rockfig may publish from time to time; and
"Services" means all those services provided through the Website.
1.2 These Terms and Conditions set out the terms on which we offer the Services and provide the Website and the terms on which you agree to use the Services provided by Rockfig and the Website maintained by Rockfig.
1.3 As we mentioned before, please review these Terms and Conditions carefully and make sure that you understand them before using the Services or the Website. If you do not agree to these Terms and Conditions, you must not use the Services or the Website and cease any current use of it immediately.
2.1 Rockfig provides the Services and operates the Website. Our formal name is ROCKFIG LIMITED and we are a limited company incorporated in England with registered number 08215314. Our registered address is C/O Buckworth Solicitors, 200 Aldersgate, St. Paul's, London, EC1A 4HD.
2.2 References to "Rockfig", "we" and "us" are references to Rockfig Limited. References to "you" are to the person accessing, downloading or using the Services or Website, or the company or organization on whose behalf such person accesses, downloads or uses the Services or Website.
3.1 The Website is a social network for learning aimed at students who are aged between 11 and 18 years old, their teachers and parents. It allows users to create and share their own collections of web links to materials that are freely available on the internet. The collections that users create all relate to the national curriculum and can then be viewed by anyone.
4.1 To use the Services you need to create an account. There's nothing to it. You just need to provide your first and last names, email address, a 'display' name and a password. Remember though, you need to keep this information accurate, complete and current at all times.
4.2 You can't choose a 'display' name that you do not have the right to use, nor can you use another person's name with the intent to impersonate that person. It's just not cricket. You'll also need our prior written permission to transfer your account to anyone else, otherwise we won't know who is responsible for posting such brilliant links or content.
4.3 If you are agreeing to these Terms and Conditions on behalf of an organisation or entity (a school, for example), you represent and warrant that you are authorised to agree to these Terms and Conditions on behalf of that organisation or entity. In this case, references to "you" and "your" refer to the organisation or entity.
4.4 If your use of the Services is prohibited by any law, you unfortunately will not be allowed to use the Services. You acknowledge and agree that we are not responsible if you use the Services in any way that breaks the law.
5.1 By using the Services and/or the Website, you accept and agree to be bound by these Terms and Conditions. If you do not understand these Terms and Conditions, you should ask a teacher or parent to explain them to you. If you disagree with any of the Terms and Conditions you unfortunately will not be able to use the Website.
5.2 Rockfig may at any time modify these Terms and Conditions. But don't worry, Rockfig will notify you of any changes to these Terms and Conditions either by emailing you (at the email address entered by you into any form on the Website) or by posting a notice on the Website.
5.3 By continuing to use the Services and/or the Website after changes to these Terms and Conditionsare made and notified to you, you agree to be bound by such changes.
5.4 You can review the most current version of our Terms and Conditions at any time by clicking on the "Terms and Conditions" link located at the bottom of the Rockfig website at www.rockfig.com. The most current version displayed on that page will supersede all previous versions. We don't want to nag, but it is your responsibility to ensure that you are familiar with the current Terms and Conditions and we would advise you to check the above link on a regular basis.
6.2 By using the Services or the Website, you warrant and undertake that you have the right, authority and capacity to enter into and be bound by these Terms and Conditions. You further warrant that by using the Website (and the display on your computer screen or mobile device of any content or links on the Website) is not unlawful in the jurisdiction in which you are accessing the Website.
7.2 You agree and undertake to keep your username and password confidential, not to disclose your password to any other person and not permit any other person to log in to the Website using your username and password.
7.3 You agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website, including these Terms and Conditions. You also agree not to:
(a) attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website to any third party, or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website);
(b) attempt to gain access to secured portions of the Website to which you do not possess access rights;
(c) impersonate any other person while using the Services or Website;
(d) conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Website;
(e) resell or export the software associated with the Website;
(f) use the Website to generate unsolicited advertisements or spam; or
(g) use any automatic or manual process to search or harvest information from the Website, or to interfere in any way with the proper functioning of the Website.
7.4 Rockfig is a place where all users can use the Website and the Services in a safe environment and we do not want anybody to ruin this ethos. So by using it, you agree:
(a) at all times to treat other users and staff of Rockfig with respect; and
(b) not to harass, stalk, intimidate, pester or otherwise behave inappropriately towards any other user or staff member of Rockfig.
(a) the right to refuse or withdraw your access to all or part of the Website in accordance with applicable laws for any reason at any time (with or without notice) if in Rockfig's sole and absolute discretion you violate or breach any of these Terms and Conditions;
(b) the right to suspend, amend or disable your profile without giving you notice or any reason;
(c) the right to stop providing the Services from time to time to amend, update, maintain or deal with any malfunction relating to the Website;
(d) the right to amend or update fees, billing methods or these Terms and Conditions from time to time;
(e) the right without notice to remove content, links, materials or user accounts for any reason whatsoever in our sole and absolute discretion, including without limitation content, links and materials which are unlawful, offensive, threatening, libellous, defamatory, obscene or which infringe third party rights, and user accounts used to propagate any such content, links or materials;
(f) the right to access any or all of your accounts in order to respond to your requests for technical support so long as we maintain appropriate administrative physical and technical safeguards for the protection of the security and confidentiality and integrity of your data;
(g) the right to terminate without notice user accounts and delete any associated data if that account has been inactive or disabled for ninety (90) days or more;
(h) the right to report you to the police or other judicial body if Rockfig believes in its sole and absolute discretion that your conduct (whether in using the Website, our Services or otherwise) is unlawful or threatens the welfare of any user of the Website or the Services or any member of Rockfig's staff; and
(i) the right to use your name and likeness (including without limitation any picture of you to promote the Website).
(a) you have the right to publish or link such content (whether by virtue of ownership of the intellectual property rights in such content or as a result of the grant to you of a license to use and publish such content);
(b) the publication or link of such content on the Website will not bring the reputation of Rockfig into disrepute;
(c) such content:
(i) is not illegal in the UK or in any jurisdiction in which such content might reasonably be expected to be viewed and does not promote any illegal activity;
(ii) does not promote terrorism or assist any person in committing or procuring the commitment of any act of terrorism;
(iii) such content does not encourage or promote any political cause or affiliation;
(iv) such content is not of a pornographic, sexually explicit, violent, offensive or obscene nature;
(v) such content does not promote racism, bigotry, hatred or physical harm of any kind against any person or group of persons;
(vi) such content does not contain libellous or otherwise untrue statements about any person (whether living or dead) and does not harass or advocate the harassment of any person;
(vii) such content does not depict any person less than 18 years of age (whether or not decent or indecent);
(viii) such content is not likely to cause offence to any viewer of such content;
(ix) does not promote or relate to any pyramid scheme, contest, lottery, sweepstake, or barter activity; and
(x) is not likely to lead a viewer to assume that you are related to, authorised by or otherwise represent Rockfig.
9.2 You acknowledge and agree that Rockfig does not control the content submitted or linked by users and does not guarantee its accuracy, integrity or quality.
9.3 You acknowledge and agree that Rockfig shall review and approve some or all content or links (at its sole and absolute discretion) uploaded to the Website and/or transmitted by you to any other user via the Website. Rockfig shall be entitled to remove any links or content without notice and without giving any reason.
9.4 You acknowledge and agree that despite us using our best efforts, by using the Website you may be exposed to content that is offensive, indecent or objectionable.
9.5 You acknowledge and agree that Rockfig may be required to provide information about the origin of any unlawful content published or linked and/or the occurrence of any unlawful activity occurring on the Website to any police or judicial authority in any country in which such content has been viewed and is illegal and you hereby irrevocably authorise Rockfig to provide such information to such persons (on request or in our discretion) without consulting or informing you.
9.6 If you view any content or click on a link on the Website that you believe breaches any of the above restrictions, you undertake and agree to report such content to Rockfig as soon as is reasonably possible.
9.7 You acknowledge and agree that we shall at all times be permitted to distribute, display, or use for promotional purposes and in advertising or any third party website (including without limitation any social network) any content or link uploaded by you to the Website. Furthermore, we may without your consent and/or notifying you post user content on our profiles on social media websites including without limitation Twitter, Pinterest, Facebook and Instagram.
11.2 Without limitation, this means that you may not sell, export, license, modify, copy, distribute or transmit the Website (or any part of it) or any material provided through the Website without Rockfig's prior express written consent.
11.3 Any unauthorized use of the Website will result in the automatic termination of the limited license granted by us to use the Website and its Services. Rockfig reserves the right to terminate the limited license without notice at any time following an unauthorized use by you of the Website.
11.4 Rockfig and its graphics, logos, icons and service names related to the Website are registered and unregistered trademarks or trade dress of Rockfig Limited. They may not be used without Rockfig's prior express written permission.
11.5 All other trademarks not owned by Rockfig that appear in connection with the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Rockfig.
11.6 If you link to our Website, you must not imply or suggest that we are affiliated to you, and must not refer to or portray Rockfig in a false, misleading, derogatory or otherwise offensive way. It's not nice. If you would like to use our brand, images or icons on your website so that you can link to our Website, please email us at firstname.lastname@example.org.
14.2 If you are under 13, please do not attempt to register an account at rockfig.com or send any personal information about yourself to us. If you do, we will delete that information as soon as possible. If you know or believe that that a child under 13 may have provided personal information to us, please contact us at email@example.com.
15.2 You agree that any information published by you on the Website may be public information and that other users of the Website will be able to view and comment on such information. You can classify some information as public information and some information as private information. Public information will appear on your profile page.
15.3 You agree that Rockfig is free to republish and make use of any information published by you on the Website without acknowledging you as the source of such information and/or creator of such content. In general however we will make an attempt to provide a link back to your page when posting content on other third party sites. You hereby irrevocably waive all your moral rights to any content placed by you on the Website.
16.2 In no event shall Rockfig, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to you for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Services and/or Website or these Terms and Conditiions, on any theory of liability, and whether or not advised of the possibility of damage. Rockfig does not seek to exclude liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation on the part of Rockfig. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
16.3 From time to time you may use or access services, promotions and websites of third parties. In using or accessing third party services, promotions and websites, you agree to be bound by the Terms and Conditions of such third parties governing their services, promotions and websites and hereby acknowledge that we shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging or operated by third parties.
16.4 You acknowledge and agree that Rockfig is not responsible for the accuracy of any information published on the Website by users and does not warrant that any information appearing on the Website is accurate, true or complete. If you believe that any information appearing on the Website is incorrect, you should flag that information using the flag button on the Website and/or inform Rockfig of the information that you consider to be inaccurate and/or inform the user who posted the information that you consider it to be inaccurate. Rockfig specifically excludes liability for any loss, harm, distress or damage suffered by you or any third party as a result of inaccurate information appearing on the Website.
16.5 The Website and any content or links to content displayed thereon may contain facts, views, opinions, recommendations and advice. These views, opinions, recommendations and advice are not those of Rockfig and are not endorsed by Rockfig. Rockfig shall not be liable in the event that any content or link to content is defamatory, misleading, incomplete or incorrect. Similarly Rockfig shall not be liable in the event that any fact is incorrect or misleading.
16.6 Rockfig is not responsible for the conduct of its users (whether online or offline) and shall not be liable for any actions or postings of any user. In particular, the inclusion of any user on the Website or the attendance of a user at an event organised by or on behalf of Rockfig does not constitute a recommendation of that person by Rockfig.
19.2 We really hope that you won't want to, but you can also terminate your account at any time by contacting us at firstname.lastname@example.org. We will automatically remove all content and links posted to your account when we receive such notice of termination.
20.2 If any court or competent authority decides that any term of these Terms and Conditions is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
20.3 Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
20.4 Our failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.
20.5 You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights under these Terms and Conditions without our prior express written consent.
20.6 These Terms and Conditions set forth the entire understanding and agreement between you and Rockfig with respect to the subject matter hereof.
20.7 These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England.
20.8 You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions agreement or their subject matter or formation (including non-contractual disputes or claims).