terms

How nuudle works

Nuudle allows its members (nuudlers) to have conversations with each other in relevant groups
In the background, our nuudle engines are working away 24/7 to make your conversations as relevant as possible. We use all data available to us to optimise who sees your conversations and construct a relevant virtual network around you. But we do this in an anonymous way…

The nuudle Rules

To keep the nuudle experience safe and enjoyable we have some rules that we ask all nuudlers to abide by. We hope you agree they are fair, and welcome feedback at nuudlers@nuudle.com.

  1. You will not post unauthorized commercial communications (such as spam) on nuudle.
  2. You will not collect users’ content or information, or otherwise access nuudle, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
  3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on nuudle.
  4. You will not upload viruses or other malicious code.
  5. You will not solicit login information or access an account belonging to someone else.
  6. You will not bully, intimidate, or harass any user.
  7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  8. You will not develop or operate a third-party linked application containing gambling, alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
  9. You will only promote any competition, giveaway, or sweepstake on nuudle once you have sought and received written confirmation from nuudle, with agreed terms and conditions of your promotion.
  10. You will not use nuudle to do anything unlawful, misleading, malicious, or discriminatory.
  11. You will not do anything that could disable, overburden, or impair the proper working or appearance of nuudle, such as a denial of service attack or interference with page rendering or other nuudle functionality.
  12. You will not facilitate or encourage any violations of this Statement or our policies.

And please remember: even though you are talking in our digital nuudle community, behave as you would to any person face-to-face. Our system is designed to minimise the profile of people who are unpleasant, but we encourage all nuudlers to be polite, considerate and open-minded. It makes life in general more fun and interesting, and that’s what nuudle is all about.

We also have a few rules around registration and account security. nuudle users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

  1. You will not provide any false personal information on nuudle, or create an account for anyone other than yourself without permission.
  2. You will not create more than one personal account.
  3. If we disable your account, you will not create another one without our permission.
  4. You will not use your personal account for your own commercial gain (such as selling your status update to an advertiser).
  5. You will not use nuudle if you are under 13.
  6. You will not use nuudle if you are a convicted sex offender.
  7. You will keep your contact information accurate and up-to-date.
  8. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
  9. You will not transfer your account or any content to anyone without first getting our written permission.
  10. If you select a username or similar identifier for your account we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).

Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the services provided by Nodal Networks Ltd, incorporated and registered in England and Wales with the company number 07828990, whose registered office is at Office 36, 88-90 Hatton Garden, London, EC1N 8PN (“nuudle”), including our various websites, APIs, email notifications, applications, buttons, and widgets, (the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (“Content”). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

1. Basic Terms

You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. 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.

You acknowledge and agree that you are of legal age and are fully able to enter into the terms, conditions, obligations, acknowledgements, representations, and warranties set forth in these Terms of Service. You agree that you will adhere to and comply with terms set forth herein. You may not use the Services if you are not of legal age to enter in the present agreement.

The Services that nuudle provides are always evolving and the form and nature of the Services that nuudle provides may change from time to time without prior notice to you. In addition, nuudle may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by nuudle on the Services are subject to change. In consideration for nuudle granting you access to and use of the Services, you agree that nuudle and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

2. Privacy

Any information that you provide to nuudle is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the Republic of Ireland and/or other countries for storage, processing and use by nuudle. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your nuudle account, which you may not be able to opt-out from receiving.

3. Passwords

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. nuudle cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

4. Content on the Services

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will nuudle be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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.

5. Your Rights

You own all of the Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods.

You agree that this license includes the right for nuudle to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with nuudle for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

Such additional uses by nuudle, or other companies, organizations or individuals who partner with nuudle, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. nuudle will not be responsible or liable for any use of your Content by nuudle in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

6. Your License To Use the Services

nuudle gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by nuudle as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by nuudle, in the manner permitted by these Terms.

7. nuudle Rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of nuudle and its licensors. The Services are protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Nothing in the Terms gives you a right to use the nuudle name or any of the nuudle trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding nuudle, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

8. Restrictions on Content and Use of the Services

Please review the nuudle Rules (which are part of these Terms) to better understand what is prohibited on the Service. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of nuudle, its users and the public.

nuudle does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.

9. Ending These Terms

The Terms will continue to apply until terminated by either you or nuudle as follows.
You may end your legal agreement with nuudle at any time for any reason by deactivating your accounts and discontinuing your use of the Services. You do not need to specifically inform nuudle when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity.

We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the nuudle Rules, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.

In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 9, 10 and 11.

Nothing in this section shall affect nuudle’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.

10. Disclaimers and Limitations of Liability

Please read this section carefully since it limits the liability of nuudle and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “nuudle Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

A. The Services are Available “AS-IS”
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE nuudle ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

The nuudle Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the nuudle Entities or through the Services, will create any warranty not expressly made herein.

B. Links
The Services may contain links to third-party websites or resources. You acknowledge and agree that the nuudle Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the nuudle Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE nuudle ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE nuudle ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID nuudle, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE nuudle ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

12. General Terms

A. Waiver and Severability
The failure of nuudle to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

B. Controlling Law and Jurisdiction
The Services, these Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the use of the Serivces and the Terms, its subject matter or formation (including non-contractual disputes or claims).

C. Entire Agreement
These Terms, the nuudle Rules and our Privacy Policy are the entire and exclusive agreement between nuudle and you regarding the Services (excluding any services for which you have a separate agreement with nuudle that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between nuudle and you regarding the Services. Other than members of the group of companies of which Nodal Networks Ltd is the parent, no other person or company will be third party beneficiaries to the Terms.

We may revise these Terms from time to time, the most current version will always be from the mobile application or on request from or on behalf of a nuudle user by contact nuudlers@nuudle.com. If the revision, in our sole discretion, is material we will notify you via an application update or e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

These Services are operated and provided by Nodal Networks Ltd, incorporated and registered in England and Wales with company number [ 07828990 whose registered office is at Office 36, 88-90 Hatton Garden, London, EC1N 8PN.

Effective: 10 August 2012