1. Description of Service
REEL is not responsible for and disclaims any and all liability related to any and all profiles and information provided under the services
The site, application and services comprise an online platform through which experts may create profiles (as defined below) in order to share information and advice to seekers. You understand and agree that REEL is not a party to any agreements entered into between Seekers (as defined below) and Experts. REEL has no control over the conduct of Seekers or other users of the site, application and services or any information provided in connection thereto, and disclaims all liability in this regard.
This Site provides a base for experts to showcase their projects and project related content such as 3D models, images and variety of project specific information for seekers to search and engage right expertise for online meetings (the “Services”). The Site does not provide medical, investment or legal advice, and no attorney-client relationship is created between users of the Services and REEL or its licensors. The Site is a platform for Seekers to connect and schedule Appointments in order to source technical know-how and specialist advice from Experts. You may view Profiles as an unregistered visitor to the Site, Application and Services; however, if you wish to use the Services or create a profile, you must first register to create a REEL Account (as defined below).
REEL cannot and does not control or guarantee the content contained in any profiles or the information exchanged between Seekers via the services. You understand and acknowledge that REEL is not responsible for and disclaims any and all liability related to any and all profiles and information provided under the services. Accordingly, all Seekers use the site, application and services at their own risk.
18 or older
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that (i) you agree to be bound by these Terms and (ii) that you are 18 or older and able to form legally binding contracts.
3. User Account Registration
REEL is not responsible for and disclaims any and all liability related to any and all profiles and information provided under the services
Direct Registration: To access certain features of the Site and Application and to create a Listing, you must register to create an account (“REEL Account”) and become a Member. You may register directly via the Site or Application or as described in this section.
Third Party Registration: You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook, Twitter and LinkedIn); each such account, a “Third Party Account”, via our Site or Application, as described below.
You will create your REEL Account and your REEL Account profile page for your use of the Site and Application based upon the personal information you fill in manually or get transfer via an SNS as described above. You may not have more than one (1) active REEL Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. REEL reserves the right to suspend or terminate your REEL Account and your access to the Site, Application and Services if you create more than one (1) REEL Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. (need a clause about user complaints) You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your REEL Account, whether or not you have authorized such activities or actions. You will immediately notify REEL of any unauthorized use of your REEL Account.
4. Creating Profile
You are solely responsible for any and all information you post on your profile. REEL assumes no responsibility for the content of Profiles or for any Member’s compliance with any applicable laws, rules and regulations.
You (as an Expert) may create profile to offer your services to other members (Seekers). To this end, you may need to provide information regarding the expertise you offer as well as pricing and other financial terms applicable to your offering. Profile will be made publicly available via the Site, Application and Services.
Seekers will be able to schedule an Appointment with you via the Site, Application and Services based upon the information provided in your profile. You understand and agree that once a Seeker requests an Appointment, the price quoted under your profile may not be altered.
You acknowledge and agree that you are solely responsible for any and all information you post on your profile. Accordingly, you represent and warrant that any information you post on your profile, information you exchange with others and the agreements you enter into with Seekers (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) comply with all applicable laws, Tax requirements, and rules and regulations that may apply to you and (b) not conflict with the rights of third parties. Please note that REEL assumes no responsibility for the content of Profiles or for any Member’s compliance with any applicable laws, rules and regulations.
5. Third Party Links & Services
You are solely responsible for any and all information you post on your profile. REEL assumes no responsibility for the content of Profiles or for any Member’s compliance with any applicable laws, rules and regulations.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that REEL is 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 REEL 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 or the Content, products or services on or available from such websites or resources.
By granting REEL access to any Third-Party Accounts, you understand that REEL will make available and store (if applicable) any Content that you have made available through third party account (“SNS Content”) so that it is available on and through the Site, Services and Application via your REEL Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personal information that you post to your Third-Party Accounts will be available on and through your REEL Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable, or REEL’S access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application.
You have the ability to disable the connection between your REEL Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers. Reel makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and REEL is not responsible for any SNS Content.
6. No Warranty
Experts are not employees or agents of REEL but are independent service providers using the Site, Application and Services to market their expertise to other Seekers.
As stated above, REEL does not endorse any of its Members. REEL’S role is solely to facilitate the availability of the Site, Application and Services and to provide services related thereto, such as Appointment scheduling, call queuing, call cycling, payment integration and call facilitation. REEL does not provide and is not responsible for user Content or any information or advice exchanged between Seekers during Appointments or otherwise. You understand and acknowledge that Experts are not employees or agents of REEL but are independent service providers using the Site, Application and Services to market their expertise to other Seekers and the public. You acknowledge that REEL will not be liable for any loss or damage caused by your reliance on information provided by Seekers or information contained in Member Content.
In addition, although these Terms require Experts to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity or credentials. You are responsible for determining the identity and suitability of others who you contact via the Site. Though we aim to verify professional qualification at our discretion, we don’t verify or guarantee any other information provided by Experts. Should Seekers require verification of an expert, we can provide this service separately with extra charges. For more information reach us on email@example.com.
7. Application and Services
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Seekers or other third parties will be limited to a claim against the particular Seekers or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from REEL with respect to such actions or omissions.
Appointments and Financial Terms for Experts: If you (as an Expert) have received an Appointment request from a Member, you will be required to either confirm, request modification or reject the request within 48 hours of when the request is made (as determined by REEL in its sole discretion) or the request will be automatically cancelled. When an Appointment is requested with you via the Site, Application and Services, we will share with you (i) the first and last name of the Seeker who has requested the Appointment, and (ii) a link to the Seeker’s REEL Account profile page. When you confirm an Appointment request, REEL will send you an email and text message (This service we are developing currently) via the Application confirming such booking, depending on the selections you make.
9. Payment Terms
You will be required to either confirm, request modification or reject the request within 48 hours.
Appointment Fee: The amount due and payable by a Seeker relating to Appointment time with you is referred to as an “Appointment Fee’s” and is quoted in UK pounds and in a price per minute format. Please note that it is Experts, and not REEL which sets all Appointment Fee Rates. In connection with your payment, you will be asked to provide customary billing information such as name, billing address and credit card information either to REEL or its third-party payment processor. You agree to pay REEL for any consummated Appointments in accordance with these Terms, by one of the methods described on the Site or Application – e.g. by www.stripe.com. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the Appointment, either directly by REEL or indirectly, via a third party online payment processor or by one of the payment methods described on the Site or Application.
Service Fee: In consideration of the Services, REEL charges you greater of 20% fees based on consulting fees asked by Experts or £0.60 pence per minute. The current applicable percentage is twenty percent (20%) out of which 10% will be covered by Seekers and remaining 10% will be by Experts. 10% will be added to the appointment fees charged to Seekers at the outset when appointment is booked and 10 % will be deducted from the fees payable to Experts post meeting.. At the conclusion of each Appointment, REEL re-calculates the appropriate Appointment Fee payable by the Seeker to you based on the actual duration of the Appointment and the applicable Appointment Fee Rate. After deducting the applicable Service Fee, REEL remits the balance of the Appointment. At the conclusion of each appointment, REEL also re-calculate the appropriate fees (per minute basis) charged to Seeker and refund or charge additional fees as appropriate.
Stripe Fee: To you via its third-party provider - www.stripe.com - or such other payment methods as may be listed on the Site or via the Application, in U.K. pounds. Except as otherwise provided herein, Service Fees are non-refundable. (I may need further clarification on this point as it is not very clear to me. However, if you are trying to say that the service charges by Stripe won’t be refundable to seekers and experts, I don’t think such policy will be perceived well by customers. However, you can mention that any lost in foreign exchange transactions is bared by Seekers as they are more likely to demand refund in the case where Expert is unable to attend the meeting.) We also need to add that we will arrange refund in 10 working days as during these 10 days we could persuade experts to accept the meeting or find Seekers alternative expert to save our business. Please note that REEL does not currently charge fees for the creation of Profile. However, you acknowledge and agree that REEL reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Profile. Please note that REEL will provide notice of any Listing fee collection via the Site, Application and Services, in accordance with these Terms, prior to implementing such a Listing fee feature.
Pre-authorization of credit card: You agree to pay REEL all Appointment Fees due in connection with any Appointment. In order to initiate an Appointment, you understand and agree that REEL reserves the right, in its sole discretion, to obtain a pre-authorization of your credit card or charge your credit card a nominal amount, not to exceed one U.K. pound (£1), in order to verify your credit card. (This section in blue needs clarifications: We will charge credit card when Seekers book an appointment with experts. For two reasons, 1. We don’t want to be liable for any payment to expert in the future, which could damage the brand and accounts. 2. It assures that Seekers are not exploiting the system. the way how it works is that seeker can arrange 15 minutes, 30 minutes or 1 hr. appointment with an expert. While booking appointment, seeker will pay the amount = Consulting rate charged by an expert * minutes (15, 30 or 60). At the end of each Appointment, REEL will process and collect or refund the difference in accordance with these Terms and the terms of the Profile. Please note that REEL cannot control any fees that may be charged to a Member by his or her bank related to REEL’S collection of the Appointment Fees, and REEL disclaims all liability in this regard.
Taxes: You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. REEL cannot and does not offer Tax-related advice to any Seekers of the Site, Application and Services
10. General Terms
Cancelling and rescheduling appointments; Penalties and charges
You (as a Seeker), not REEL, are solely responsible for honoring any confirmed Appointments. If you choose to enter into a transaction with an Expert by scheduling an Appointment via the Site or Application, these Terms & Conditions, rules and restrictions associated with such Appointment as set out in the Profile (Section 4) may apply. You acknowledge and agree that you, and not REEL, will be responsible for performing the obligations of any such agreements, and REEL is not a party to such agreements and disclaims all liability arising from or related to any such agreements.
You (as a Seeker) may cancel or reschedule an Appointment without a penalty only if it occurs ouside 48 hours or more prior to scheduled meeting; provided, however, that you have not already initiated the call with the Expert via the Services. If you cancel the appointment within 48 hours to appointment, we will charge £5 admin fees. Should you fail to attend the meeting, we will deduct £10 penalty from the fees you paid. We aim to refund the fees you paid in 7 working days, by deducting appropriate charges if apply. You (as an Expert) may cancel or reschedule an Appointment without penalty at any time. For further questions please contact REEL at firstname.lastname@example.org.
11. User Conduct
Compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
- use manual or automated software, devices, scripts robots, other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;
- use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms; copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denia-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Site, Application or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
- "stalk" or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a REEL Member;
- register for more than one REEL Account or register for a REEL Account on behalf of an individual other than yourself;
- contact an Expert for any purpose other than asking a question related to the Services;
- contact a Seeker for any purpose other than asking a question related to the Services;
- recruit or otherwise solicit any other Member to join third party services or websites that are competitive to REEL, without REEL’S prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information or otherwise interact with the Site, Application or Services;
- use the Site, Application and Services to find an Expert and then complete a transaction independent of the Site, Application or Services in order to circumvent the obligation to pay any fees related to REEL’S provision of the Services;
- as an Expert, submit any Listing with a false or misleading information, or submit any Listing with a price that you do not intend to honor;
- post, upload, publish, submit or transmit any Content that: (i)infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, REEL’S name, any REEL trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without REEL’S express written consent;
- access, tamper with, or use non-public areas of the Site or Application, REEL’S computer systems, or the technical delivery systems of REEL ‘s providers;
- attempt to probe, scan, or test the vulnerability of any REEL system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by REEL or any of REEL ‘s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
REEL will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. REEL may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that REEL has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. REEL reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that REEL, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United Kingdom and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of REEL and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
14. REEL Extension License
Subject to your compliance with these Terms, REEL grants you a limited non-exclusive, non-transferable license to download and install a copy of the Real Experts extension on a single mobile device or desktop browser that you own or control and run such copy of the Application solely for your own personal use. REEL reserves all rights in the Application not expressly granted to you by these Terms.
15. REEL Content License
Subject to your compliance with the terms and conditions of these Terms, REEL grants you a limited, non-exclusive, non-transferable license, to (i) access and view any REEL Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by REEL or its licensors, except for the licenses and rights expressly granted in these Terms.
16. Member Content
We may, in our sole discretion, permit Seekers to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to REEL a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site, Application and Services. REEL does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to REEL the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or REEL’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
17. Proprietary Rights Notices
All content available (perhaps good to mention that excluding member content) on the Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the "Content") is our property. The trademarks, logos, and service marks displayed on the Website (collectively, the "Trademarks") are our registered and unregistered marks. All Trademarks not owned by us that appear on the Website are the property of their respective owners. Except as set forth in the limited license in clause 4 below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
18. Copyright Policy
REEL respects copyright law and expects its users to do the same. It is REEL’S policy to terminate in appropriate circumstances the REEL Accounts of Seekers who infringe or are believed to be infringing the rights of copyright holders.
19. Termination and REEL Account Deactivation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, Application and Services, and (b) deactivate or cancel your REEL Account. Upon termination, we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event REEL terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your REEL Account you will remain liable for all amounts due hereunder. You may cancel your REEL Account at any time by contacting REEL. Please note that if your REEL Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
REEL’S site facilitates a link to specialists in order to obtain ideas and solutions to your project specific issues. Seekers are fully responsible for their actions. If you choose to use the site, application and services, you do so at your sole risk. You acknowledge and agree that REEL does not have an obligation to conduct background checks on any member, including, but not limited to, seekers and experts, but may conduct such background checks in its sole discretion. The site, application, services and collective content are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, REEL explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. REEL makes no warranty that the site, application, services, collective content, including, but not limited to, the listings or any information provided via appointments will meet your requirements or be available on an uninterrupted, secure, or error-free basis. REEL makes no warranty regarding the quality of any listings, the services or collective content or the accuracy, timeliness, truthfulness, completeness or reliability of any collective content obtained through the site, application or the services.
No advice or information, whether oral or written, obtained from REEL or through the site, application, services or collective content, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with other users of the site, application or services and with other persons with whom you communicate or interact as a result of your use of the site, application or services. You understand that REEL does not make any attempt to verify the statements of users of the site, application or services. REEL makes no representations or warranties as to the conduct of users of the site, application or services or their compatibility with any current or future users of the site, application or services. You agree to take reasonable precautions in all communications and interactions with other users of the site, application or services and with other persons with whom you communicate or interact as a result of your use of the site, application or services, including, but not limited to, experts, regardless of whether such communications or interactions are organized by REEL.
21. Limitations of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, application, services and collective content, listings or appointments via the site, application and services, and any contact you have with other users of REEL whether in person, by phone, online or other means remains with you. Neither REEL nor any other party involved in creating, producing, or delivering the site, application, services or collective content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the site, application, services or collective content, from any communications, interactions or meetings with other users of the site, application, or services or other persons with whom you communicate or interact as a result of your use of the site, application, services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not REEL has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will REEL’S aggregate liability arising out of or in connection with these terms and your use of the site, application and services including, but not limited to, from your listing or booking of any appointment via the site, application and services, or from the use of or inability to use the site, application, services or collective content and in connection with any interactions with any other members, exceed the amounts you have paid or owe for appointments made via the site, application and services as a member in the twelve (12) month period prior to the event giving rise to the liability or one hundred dollars ($100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between reel and you. Some jurisdictions do not allow the exclusion or Limitation of Liability for consequential or incidental damages, so the above limitation may not apply to you.
You agree to Release, Indemnify, and Hold REEL and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content and (c) your (i) interaction with any Member, (ii) reliance on any information exchanged via the Site, Application or Services, or (iii) creation of a profile. REEL shall have the right to control all defense and settlement activities.
23. Feedback and Reporting Misconduct
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at email@example.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of REEL and you hereby irrevocably assign to REEL and agree to irrevocably assign to REEL all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At REEL’S request and expense, you will execute documents and take such further acts as REEL may reasonably request to assist REEL to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
In addition, if you feel any user is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of fraud, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and to REEL.
You may not assign or transfer these Terms, by operation of law or otherwise, without REEL’S prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. REEL may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Unless otherwise specified herein, any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by REEL (i) via email (in each case to the email address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
26. Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the United Kingdom and the United Kingdom, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in United Kingdom for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
These Terms are intended to govern the agreement between REEL and you to the extent permitted by all applicable laws, ordinances, rules, and regulations. If any provision of these Terms or the application thereof to any person or circumstances shall, for any reason or to any extent, be invalid or unenforceable, the remainder of these Terms and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.
If any provision of these Terms is declared void, or otherwise unenforceable, such provision shall be deemed to have been severed from these Terms which shall otherwise remain in full force and effect.
28. Dispute Resolution
You and REEL agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration , except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and REEL are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and REEL otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
29. Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between REEL and you regarding the Site, Application, Services, Collective Content and any Appointments or Listings made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between REEL and you regarding the same.
30. Contacting REEL
Company number: 09711887
Latest Revisions December 10th 2016