These Terms of Service (“Terms”) govern your access to and use of the services and Studybugs’s websites (the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

Basic Terms

You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. The Services that Studybugs provides are always evolving and the form and nature of the Services that Studybugs provides may change from time to time without prior notice to you. In addition, Studybugs 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.

Privacy

Any information that you provide to Studybugs is subject to our Privacy Notice, which governs our collection and use of your information, in our capacity as data controller. You understand that through your use of the Services you agree to the collection and use (as set forth in our Privacy Notice) of this information, including the transfer of this information to other countries for storage, processing and use by Studybugs. 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 Studybugs account, which you may not be able to opt out from receiving. You can otherwise opt out of most communications from Studybugs.

Passwords

Your user name and password must only be used by you, so keep them safe. If a posting is made using your name and password it will be considered to have been posted by you. 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. Studybugs will not be liable for any loss or damage arising from your failure to comply with the above requirements.

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 Studybugs 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.

Posting Rules

The information Studybugs collects is used to help diagnose illnesses and to understand and prevent the spread of infectious diseases. You agree that the information you post to Studybugs – insofar as the Services permit it – will accurately represent your state of health and any illnesses you are suffering from. You will not post false or misleading health information to Studybugs. Any attempt to do so would be to the detriment of others and Studybugs will take all steps necessary to remedy the damage, including but not limited to terminating your access to the Services.

Additionally you agree that you will not post anything that is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, sexually explicit or pornographic. You should not use the service for the following:

• Making personal attacks on others or disparaging remarks about any person or entity
• Interfering with anyone else’s use and enjoyment of the Service.
• Encouraging, inciting, soliciting, promoting or providing information about illegal or criminal activities (including pornography, terrorism, explosives, weapons, drugs, programming viruses, computer hacking and copyright infringement)
• Posting content which abuses, threatens, promotes, or instigates physical harm or death to others, or yourself
• Victimising, harassing, degrading or intimidating an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
• Infringing on any patent, trademark, copyright, right of publicity, or other intellectual property right of any party
• Posting content which contains software viruses, computer codes, files or programs which might disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of any third party
• Impersonating any person or entity, including any of Studybugs’s employees or representatives

If we receive notice that any posting or your intended use of the Service is not in keeping with these terms, Studybugs may remove that posting and/or any other related postings and/or disable your user name and password, permanently or temporarily, and take all such steps as may be necessary to protect its position.

Seeking Medical Advice

Studybugs is not a source of medical advice. If you are unsure about what illness you have or how to deal with it, you should consult a properly qualified medical professional. Studybugs accepts no liability in connection with your use of the Service and should you choose to rely on any information provided by the Service then you do so at your own risk.

Your Child’s Data

When you post sick reports about your child, where your child is not of the age of consent, you are providing data in your role as parent. Where your child is of the age of consent, it’s your responsibility to make sure they’re happy with you sharing this information with their school via Studybugs and you will obtain their consent for doing so.

Your Rights

You retain your rights to any Content you submit, post or display on or through the Services. When you post sick reports through the Services, and provided you haven’t opted out, you agree to us anonymizing the relevant Content and making the anonymized data available to other users or third parties. 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 anonymized data in any and all media or distribution methods (now known or later developed). 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. Studybugs gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Studybugs 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 Studybugs, in the manner permitted by these Terms.

Studybugs Rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Studybugs and its licensors. The Services are protected by copyright, trademark, and other laws of the United Kingdom and other countries. Nothing in the Terms gives you a right to use the Studybugs name or any of the Studybugs trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Studybugs, 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.

Restrictions on Content and Use of the Services

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames. Please review the Posting Rules (which are part of these Terms) to better understand what is prohibited on the Service. 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 Studybugs, its users and the public. Studybugs does not disclose personally identifying information to third parties except in accordance with our Privacy Notice. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Studybugs’s computer systems, or the technical delivery systems of Studybugs’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) 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 Studybugs (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Studybugs (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Studybugs is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

Copyright Policy

Studybugs respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Studybugs will also terminate a user’s account if the user is determined to be a repeat infringer. For notice of alleged copyright infringement please email copyright@studybugs.com.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that we 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 Studybugs 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.

No Guarantee

We make no guarantee that the Services will be suitable for your intended use, neither do we guarantee that they will be error-free, timely, reliable, entirely secure, virus-free or available, especially since we are dependent on the reliability of the Internet and your use of your own computer to access the Services. We will try to keep disruptions to a minimum but we may suspend the Services from time to time to carry out maintenance and support work and to investigate unauthorised use.

Limitation of Liability

You use the Services entirely at your own risk. We do not restrict our liability (if any) for personal injury or death resulting from our negligence, for fraud committed by us or for any matter which it would be illegal to limit or to attempt to restrict. We exclude all other liability and responsibility for any amount or kind of loss or damage arising in connection with the Services (even if we have been advised of their possibility).

Where we are not legally entitled to exclude our liability, our total liability for any loss or damage relating to the Service (or to our website generally) shall not exceed £1,000.

Waiver and Severability

The failure of Studybugs 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, the remaining provisions of these Terms will remain in full force and effect.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of England and Wales without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in England and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

Entire Agreement

These Terms, the Posting Rules and our Privacy Notice are the entire and exclusive agreement between Studybugs and you regarding the Services (excluding any services for which you have a separate agreement with Studybugs that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Studybugs and you regarding the Services. Other than members of the group of companies of which Studybugs 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 and the most current version will always be available on our website. If the revision, in our sole discretion, is material we will notify you via an e-mail to the email address 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 Studybugs Limited, a company registered in England with registration number 08352917. If you have any questions about these Terms, please contact us at terms@studybugs.com.