Lockdown Social Terms of Use

Introduction

Welcome to Lockdown.Social. By accessing www.lockdown.social and its related websites, services, applications or tools (Collectively referred to as "Lockdown Social") you are agreeing to the following terms, including those available by hyperlink, which are designed to make sure that Lockdown Social works for everyone. Lockdown Social is provided to you by Peazzy Global Ltd (“Peazzy”), The Clockhouse, Station Approach, Marlow, Bucks, SL7 1NT, registered in England and Wales with number 10641115.

These Terms of Use constitute a legally binding agreement between you and Peazzy Global Ltd and are effective as of 9 April 2020 for current users, and upon acceptance for new users. You accept these Terms of Use by clicking the "Create Account" button when registering a Lockdown Social account and by otherwise accessing Lockdown Social, including posting a listing; or as otherwise indicated on Lockdown Social.

Using Lockdown Social

As a condition of your use of Lockdown Social you agree that you will not:

  • violate any laws;
  • violate the Privacy Policy;
  • post any threatening, abusive, defamatory, obscene or indecent material;
  • post or otherwise communicate any false or misleading material or message of any kind;
  • infringe any third-party right;
  • distribute spam, chain letters, or promote pyramid schemes;
  • distribute viruses or any other technologies that may harm Lockdown Social or the interests or property of Lockdown Social users;
  • impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Lockdown Social;
  • copy, modify, or distribute any other person's content without their consent;
  • use any robot spider, scraper or other automated means to access Lockdown Social and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent;
  • copy, modify or distribute rights or content from Lockdown Social or Lockdown Social's copyrights and trademarks;
  • harvest or otherwise collect information about users, including email addresses, without their consent;
  • bypass measures used to prevent or restrict access to Lockdown Social;
  • use any tool that interferes with the normal functioning of Lockdown Social, including, without limitation, browser plug-ins (including, but not limited to, FreeTheTree), extensions, or other software which are designed to supplement, remove or otherwise change any of Lockdown Social’s functionalities; or
  • List or sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.
  • You are solely responsible for all information that you submit to Lockdown Social and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user's usage of Lockdown Social either temporarily or permanently, or refuse a user's registration. If we believe that you are breaching these Terms of Use in any way and/or behaving suspiciously on Lockdown Social, we may, at our discretion, inform other Lockdown Social users that have been in contact with you and recommend that they exercise caution.

    Abusing Lockdown Social

    Lockdown Social and the Lockdown Social community work together to keep Lockdown Social working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.

    Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Lockdown Social if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the Lockdown Social employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off Lockdown Social or not, we do not have any obligation to monitor the information transmitted or stored on Lockdown Social and we do not accept any liability for unauthorised or unlawful content on Lockdown Social or use of Lockdown Social by users.

    Global Marketplace

    Some of Lockdown Social's features may display your listing or activity on other sites, services, applications or tools (together a “Platform”) that are part of the Peazzy Global Websites, Powered by Sites or Service (for example, on Lockdown Social in other countries), or on third party Platforms, including social media channels. By using Lockdown Social, you agree that your Listings and public content can be Peazzy Platforms are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your listings and content is posted. When your listing or content is posted on another Platform, you may be responsible for ensuring that it does not violate such other Platform’s policies. We may remove your listing if it is reported on Lockdown Social, any Peazzy Platform, or any third party Platform, or if we believe it causes problems or violates any law or policy.

    Fees and Services

    Using Lockdown Social is generally free for the basic service, but we sometimes charge a fee for certain premium or high use services. If the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you access the service or post a listing. Our fees are quoted in Pounds Sterling, and we may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on Lockdown Social. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.

    You are responsible for paying the Lockdown Social fees when they're due. If you don't, without prejudice to any other right or remedy we may be entitled to under these Terms of Use or by law, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

    You acknowledge that your lisitngs may be deleted from Lockdown Social in case we believe these Terms of Use, including our Posting Rules, are breached, either directly or indirectly. In case you would have paid a fee for the display of such listing or service, you may be entitled to a refund of such fee. However, we reserve the right not to refund Lockdown Social users for any fees paid through use of Lockdown Social in the following cases:

  • If you breach, in our opinion, these Terms of Use, which include, without limitation, the Policies;
  • If your listings or content went live with exposure on the Lockdown Social sites, services, applications or tools, even for a limited time, and that they benefited from the service associated with the paid fee;
  • If your listings are placed into "edit" mode and will go live to site once updated by you;
  • If you have removed your listings yourself;
  • If you post duplicate listings as defined in our rules regarding duplicate lisitngs;
  • If we believe that your lisitngs are in a significantly wrong category;
  • Please note that the above list is not exhaustive. See the Lockdown Social Refunds Help Page for more details on the cases in which you may, or may not, be entitled to a refund of such fees.
  • Content

    Lockdown.Social contains content from us, Peazzy and Peazzy Powered websites and Services (including Lockdown.Social, Peazzy.com, our sites in other countries and any other Platforms that are within Peazzy Global), you, and other users. Lockdown Social is protected by copyright laws and international treaties. Content displayed on or via Lockdown Social is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Lockdown.Social without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Lockdown Social. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Lockdown Social (other than your own content). When you give us content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future including, without limitation, on any third party Platforms and media channels. In particular, by giving us content, you grant us the right to display such content on Platforms that are part of the Peazzy community , such as Lockdown.Social, Peazzy.com or our sites in other countries, and on other online marketplaces, social media channels, blogs, in all types of marketing communications and on all other Platforms. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.

    Lockdown Social may at times use third party data suppliers to supplement the information you have provided in a listing or content. This could include descriptions, product specifications and other content. You may use such information solely in connection with your Lockdown Social listing or content while your listing is on Lockdown Social. The information provided may be subject to copyright, trademark and/or other protections. You agree not to remove any such protected information and/or create any derivative works based on the content (other than by including them in your ads). This permission is subject to modification or revocation at any time at Lockdown Social's sole discretion.

    You may not have the opportunity to review all of the supplemental data before posting a listing or content. Lockdown Social is not responsible for the accuracy of any third party supplied supplemental data. You continue to be responsible for ensuring that your listings and content are accurate, do not include misleading information and fully comply with these Terms of Use and all Lockdown Social policies. If you notice inaccuracies in this data after your listing or content appears on the site please get in touch with us.

    Infringement

    Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale). A large number of listings, content and services of all sorts are offered on Lockdown Social by private individuals, sole traders, brands and enterprises, amongst others. Entitled parties, in particular owners of copyright, trademark rights or other rights can report any listing, content or service which may infringe on their rights, and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Lockdown Social.

    Reporting an infringement:

    In order to participate in the Notice of Infringement Programme, you only need to complete a Notice of Infringement Form and email it to Lockdown Social at noticeandtakedown@Lockdown.Social. You can use this form, complete with your signature, to report listings, content or services which may infringe on your property rights. The information requested in the Notice of Infringement Form is for the purpose of ensuring that the parties reporting these objects are either the entitled party or their officially authorised representative. This information must also enable Lockdown Social to identify the material to be removed. Once we have received your correctly completed Notice of Infringement Form, you can simply send later reports to Lockdown Social via the e-mail address provided.

    Note: This form can only be used by the lawful owners of the relevant intellectual property rights. The "Notice of Infringement" is intended to enable rights owners to ensure that products offered by Lockdown Social users do not infringe their copyright, trademark rights or other intellectual property rights. For all other questions, visitors and advertisers can get help using Lockdown Social Help.

    Liability

    Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.

    We do not review users' postings and are not involved in the actual transactions between users, save as for facilitating payments and booking requests. As most of the content on Lockdown Social comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered.

    In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

    You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use Lockdown.Social, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to liability, and (b) 100 Pounds Sterling.

    Release

    If you have a dispute with one or more Lockdown Social users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

    Third party rights

    A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.

    Data Protection and Privacy

    By using Lockdown.Social, you agree to the collection, transfer, storage and use of your personal information by Lockdown.Social on servers located in the U.K., Germany, Netherlands, United States and China as further described in our Privacy Policy.

    You and Peazzy shall process personal data received under and/or in connection with this User Agreement each as a separate and independent controller. In no event will Peazzy and you process personal data under and/or in connection with this User Agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection law.

    You shall comply with your obligations under applicable data protection law (including but not limited to the Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”)) and supplementing EU and local data protection law. This includes, but is not limited to the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organization. You shall process personal data received from Lockdown.Social, Peazzy or Peazzy Powered websites and Services exclusively for the purpose(s) you received the personal data under and/or in connection with this User Agreement. You shall erase the personal data received under this User Agreement immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g., if a retention obligation applies).

    Failure to abide with the aforementioned obligations may result in disciplinary action up to and including account suspension.

    Resolution of disputes

    If a dispute arises between you and Lockdown Social, we strongly encourage you to first contact us directly to seek a resolution by going to the Lockdown Social Help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

    General

    These terms and the other policies posted on Lockdown.Social constitute the entire agreement between Peazzy and in particular Lockdown.Social and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

    This Agreement shall be governed and construed in all respects by the laws of England and Wales. You agree that any claim or dispute you may have against Peazzy Global Ltd must be resolved by the courts of England and Wales. You and Peazzy Global Ltd both agree to submit to the non-exclusive jurisdiction of the English Courts; for claims falling within the jurisdiction of a County Court, you and Peazzy Global Ltd both agree to submit to the jurisdiction of the County Court of Wandsworth.

    If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.

    Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to Lockdown Social, c/o Peazzy Global Ltd, The Clock House, Station Approach, Marlow, Bucks, SL7 1NT, UK. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.

    We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the Lockdown Social website, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us. For any help with using Lockdown Social please see the Lockdown Social Help page.

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    Mobile Devices Terms

    If you're accessing Lockdown Social Services from a mobile device using a Lockdown Social Mobile Application (the "Application"), the following terms and conditions ("Terms of Use") apply to you in addition to the applicable Mobile Privacy and Legal Notice or End User License Agreement, as the case may be. Your use of the Application confirms your agreement to these Terms of Use.

    Application Use. Lockdown Social grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third-party terms of agreement when using the Application (e.g. your wireless data service agreement). The Application may not contain the same functionality available on the www.Lockdown.Social website. Your download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Application.

    Intellectual Property - Applications. Peazzy Global Ltd and to avoid confusion Lockdown Social owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter Lockdown Social's copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Lockdown Social Application.

    Prohibited Countries Policy and Foreign Trade Regulation - Applications. Lockdown Social Applications or their underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Burma (Myanmar), Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States embargo; (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by US Export Laws. When using an Kijiji Application, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country, and you are not listed on any US Government list of prohibited or restricted parties).

    Additional Terms. Additional terms and conditions that apply to you based on the mobile device the Application is installed on:

    iOS - Apple

    1. These Terms of Use are an agreement between you and Lockdown Social, and not with Apple. Apple is not responsible for the Application and the content thereof.
    2. Lockdown Social grants you the right to use the Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
    3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
    4. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.
    5. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to:
      (a) product liability claims;
      (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and
      (c) claims arising under consumer protection or similar legislation.
    6. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
    7. Apple and Apple's subsidiaries are third party beneficiaries of these Terms of Use, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.

    Windows - Microsoft

    1. These Terms of Use are an agreement between you and Lockdown Social, not Microsoft. The terms of use and privacy policies of Microsoft and, where applicable, the network operators that provide billing services for the Windows Phone Marketplace do not apply to your use of the Application.
    2. You may install and use one (1) copy of the Application on up to five (5) devices you personally own or control and which are affiliated with the Windows Live ID associated with your Windows Marketplace account. You may not install or use a copy of the Application on a device you do not own or control.
    3. Microsoft, your device manufacturer, and (if applicable) your wireless carrier are not responsible for providing support services for the Application.
    4. Microsoft, the wireless carriers over whose network the Application is distributed (if applicable), and each of their respective affiliates and suppliers (collectively, "Disclaiming Distributors") give no express warranty, guarantee, or conditions under or in relation to the Application. To the extent permitted under your local laws, the Disclaiming Distributors exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose, and non-infringement.
    5. You, and not the Disclaiming Distributors, bear the risk of using the Application (even if the Disclaiming Distributors have been advised of the possibility of damages to you). You may have additional consumer rights under your local laws which these Terms of Use cannot change.
    6. To the extent not prohibited by law, you will not seek to recover any consequential, lost profit, special, indirect, or incidental damages from any Disclaiming Distributor.