Welcome to Kelp Social User Terms.

This is a long document (apologies) that sets out our ongoing and future relationship with you as a user of the Kelp Social platform. 

These Terms of Service (“Terms”) govern and control your access to and use of our Services on Kelp Social, including our website, APP, APIs, email notifications, applications, buttons, widgets, ads and SMS that link to these Terms (referred to as the “Services”).

When referring to Kelp Social we may also use the term “Platform” when describing the collective use of the website and App together.

It also includes any information, text, links, graphics, photos, audio, videos, and any other materials or arrangements of materials uploaded, downloaded or appearing on the Services (referred to as “Content”).

Users of the Services or Platform will be referred to as “Users” (or in the singular “User”)

It should be noted that by using the Services you agree to be bound by the Kelp Social Terms to their fullest extent.

You will be bound by the terms that govern the territory you joined the Platform from regardless of where you use the Platform on a device.

1. Who Can or Should Use the Services

1.1: You may use the Services only if you agree to form a binding contract with Kelp Social and are not a person barred from receiving services under the laws of the applicable jurisdiction (country).

1.2: To be a user of Kelp Social you must be at least 16 years old to legally use our/the Services.

1.3: When you accept the Terms and use the Services on behalf of a company, organisation, or other legal entity, you represent and warrant that you are authorised to do so. You must have the authority to bind one of the above to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to the company or organisation or other legal entity.

2. User Information Privacy

2.1: Our Privacy Policy (insert link) informs you about how we handle the information you provide to us when you use our Services. 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.

2.2: This use of information also includes the transfer of the information to the United States, the location of our servers, for storage, processing and use by Kelp Social and its affiliates.

3. Content on the Services

3.1: It is your responsibility for your use of the Services and the Content you provide for use on Kelp Social, including your compliance with applicable territory laws and regulations.

3.2: You must only provide Content that you are comfortable sharing with others in a public forum platform environment and its potential to be shared to a wider audience than the Services users.

3.3: 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. Kelp Social accept no liability.

3.4: Kelp Social 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.

3.5: By using the Services you agree that you may be exposed to Content that might be deceptive or incorrectly labelled by other Services Users. The Content may at times be harmful, inappropriate and contain disturbing images or narrative contrary to their Terms. Kelp Social endeavours to remove such Content when it is flagged as dangerous and in breach of these Terms.

3.6: All Content is the sole responsibility of the person who originated such Content.

3.7: Kelp Social may not monitor be able to monitor all Content or control the Content posted via the Services and, therefore, we do not take responsibility for such Content.

3.8: Kelp Social reserves the right to remove Content that violates the User Agreement. We include for example, copyright or trademark violations and/or other intellectual property misappropriation. We also include impersonation of others as well as harassment and unlawful conduct.

3.9: To report violations of these Terms please refer to the Kelp Social Help Section (insert link).

3.10: Kelp Social does not directly endorse any opinions offered through the Content by users using the Services.

3.11: Use of the Services is also governed by acceptance of our Rules of Use (insert link to rules info). When you accept these user terms you accept the rules of use at the same time.

4. Your Rights and Grant of Rights in the Content

Section 4 provides details of your rights within the geographic territory you are in when applied to your Content on the Kelp Social platform.

4.1: We want you to retain your rights to the Content you submit for use on the Platform, post or display on or through the Services. It is important to note that you own your Content which includes your audio, photos and videos.

4.2: When you submit, post or display Content on or through the Services, you grant Kelp Social a worldwide, non-exclusive, royalty-free license. This will allow us to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods now known.

4.3: Using this license authorizes us to make your Content available to the rest of the world. You agree that this license includes the right for Kelp Social to provide, promote, and improve the Services and to make Content submitted to or through the Services.

4.4: Any such use by Kelp Social, or other companies, organizations or individuals, is made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services. You agree that the use of the Services by you is hereby agreed as being wholly sufficient compensation for the Content and you agree to a grant of rights herein.

4.5: Kelp Social will continue to develop and change its rules for how website/App partners can interact with your Content on the Services. Our rules exist to ensure our website/App environments are as open as possible and always have your rights in mind. However, we must ensure you understand that we may modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our partner organizations. Kelp Social may also from time to time need to make changes to your Content in order to adapt it to use on different media.

4.6: You the User take responsibility to represent that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through the Services.

4.7: Rights to third party copyright – You the User agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have obtained the important and necessary permission or are legally entitled to post the information/material/media and to grant Kelp Social the license described above.

4.8: You the User agree that you will post a minimum of one in three pieces of content as exclusive content for Kelp Social. By agreeing to this you are committing to produce exclusive content for the sole use by Kelp Social.

4.9: Only content that is exclusive to Kelp Social will be added to the ‘featured’ area of Kelp Social.

5. Using the Services

5.1: All policies – You must accept the other Kelp Social policies such as our Privacy Policy (insert link), Site terms (insert link) and any other terms that govern a User’s use of the Services are part of the User Agreement and outline what is prohibited on the Services. You may use the Services only in compliance with these Terms and all applicable territory laws, and regulations.

5.2 Kelp Social updates – we work to keep our Services up to date, so they are fresh and relevant to our Users. As such, the Services may change from time to time, at our discretion.

5.3: You should be aware that we reserve the right to stop either permanently or temporarily providing the Services or any features within the Services to you or anyone else.

5.4: Storage rights – We also retain the right to create limits on use and storage at our sole discretion at any time.

5.5: Removal from Kelp Social – We may remove or refuse to distribute any Content on the Services submitted by you and also limit distribution or visibility of any Content on the service. We could also suspend or terminate Users and reclaim the use of any usernames without liability to you.

5.6: Advertising rights – To use Kelp Social you the User agree that we/Kelp Social and partners may place advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

5.7: Misuse – The User/You also agree that you will not misuse the Services. This includes, for example, by interfering with the system or accessing them using a process other than the interface and the instructions that are provided to you by Kelp Social/us.

5.8: Nuisance Users – To be totally clear we ask that you the User does not attempt to carry out any of the following when using the Services:  You may not do any of the following while accessing or using the Services:

5.8.1: Access, tamper with, or use non-public areas of the Services, Kelp Social’s computer systems, or the technical delivery systems of Kelp Social’s providers.

5.8.2: Test the vulnerability of any system owned or relating to Kelp Social or our network or breach or circumvent any security or authentication measures.

5.8.3: Access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us.

5.8.4: Agree that You must never submit Kelp Social to any flooding, spamming, mail-bombing duplicating Content, viruses, overloading, identity theft malware.

5.9: If the Services are unavailable for any reason deemed out of our control or influence (including but not limited to server failure, hacking, malicious activity or Force Majeure) we will endeavour to restore Services as soon as possible. There will be no reduction or refund available.

6. Your User Account

6.1: You will need to create an account to use all Kelp Social Services. Therefore, You are responsible for safeguarding your account. You must ensure you use a strong password each time you update your password. You should note that Kelp Social will not be liable for your failure to comply with term 6.1 to the fullest.

6.2: You can keep an active level of control for most communications from the Services. However, Kelp Social may need to provide you with certain important and much needed communications. These would include service announcements messages. We consider these communications to be part of the Services and your account, and you will not be able to opt-out from receiving them.

6.3: Old information – If you remove or change your phone number or email address and it is given to someone else to use you must ensure they do not receive information from Kelp Social.

6.4: Kelp Social make no provision for any refunds of membership subscriptions due to the Services being unavailable for any reason either permanently or temporary.

7. Your License to Use the Services

7.1: Kelp Social provides with you with a personal, all territory, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. You will be able to enjoy the benefits this licence provides when using Kelp Social.

7.2: Copyright understanding – The Services are protected by copyright, trademark, and other laws of both the United States and other territories that Kelp Social operate in.

7.3: You must agree that the Terms do not provide any rights to the use of the Kelp Social name and any of our trademarks, logos, domain names, colours and any other proprietary rights. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Kelp Social.

8. Ending These Terms

8.1: Termination – You may end your legal agreement with Kelp Social at any time by deactivating your account and discontinuing your use of the Kelp Social Services.

8.2: Suspension/termination – Kelp Social may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason. These may include but are by no means limited to:

8.2.1: You have violated these Terms or any other Kelp Social policies.

8.2.2: You create risk or possible legal exposure for Kelp Social and its affiliates or partners.

8.2.3: Your account should be removed due to unlawful conduct.

8.2.4: Your account should be removed due to prolonged inactivity.

8.2.5: The provision of the Services to you is no longer commercially viable.

8.3: Alerting you to changes – Kelp Social will make reasonable efforts to notify you by the email address associated with your account.

9. Disclaimers and Limitations of Liability

9.1: Providing Services on an As Is basis – Your access to and use of the Services or any Content are at your own risk.

9.2: You understand and agree that the Services are provided to you on an “as is” and “as available” basis.

9.3: Our ‘Entities’ – Any Kelp Social Entity accepts no responsibility for any liability whatsoever for the Content or Services provided via the Platform.

10. Limitation of Liability

10.1: We alert you to the fact that We intend to the use the maximum extent of the law to protect ourselves from any indirect, direct, incidental consequential, punitive, class-action and special damages and are not directly or otherwise responsible for any loss of profit or revenue however it is made or any other losses by the You doing any or incurring any disadvantage of the following actions:

10.1.1: Accessing the Platform or any Kelp Social owned properties.

10.1.2:  Any Content of any third party on the Services that may be defamatory, offensive or illegal.

10.1.3: Acting on any Content found or obtained on the Services.

10.1.4: Any unauthorized access, use or any alteration of your Content with a maximum liability of $1 or the amount you paid Kelp Social for membership.

10.1.5: This subsection (10.1) shall apply to any theory of liability whether based on statute, law, warranty, contract or tort including and not limiting to negligence and whether Kelp Social have been informed of the likelihood of any such damage.

11. General terms

11.1 Kelp Social may revise these Terms from time to time.

11.2: Any updates or changes we make will not be retroactive, and the most current version of the Terms, which will always be at the Platform will govern our relationship with you.

11.3: We will always attempt to notify you of any general revisions, for example via a service notification or an email to the email associated with your account.

11.4: When You continue to access or use the Services after those revisions become effective, You agree to be bound by the new Terms.

11.5: Types of US User – If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you.

11.6: For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).

1.7: These Terms are an agreement between You our Platform user and Kelp Social Limited (Company number 13181054), we are an English company with its registered office at 71 – 75 Shelton Street, Covent Garden, London, WC2H 9JQ.

12. Enquiries

If you would like to ask any questions about these Kelp Social Terms, please get in touch with our support team at hello@kelpsocial.co.uk.

Thank you for reading.

Kelp Social User Terms Effective: September 2022