PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING RATED.
Our Services provide you with a platform via which you and other users may [engage and sell/ purchase items using the following features]:
•Live Video streaming - to stream video to users real time including the option to add products to shop in-app from a curator or from an affiliate retailer website;
•Pre recorded video upload (on demand) - users can upload existing videos from Youtube, Tik Tok and Instagram and add products to those videos to shop either in-app or via an affiliate retailer websites;
•Bidding - users can bid on items in video content (either live video or a pre-recorded video), users can increase bids to win items and winning user’s payment is processed automatically using stored card details;
•[Raffles - users can enter raffles for exclusive products by using their pre-saved payment details, and the winner will be selected at random in relation to an item it selected in draw;]
•Rated coins and gifting - social feature which allow users to pay for ‘rated” coins a digital based currency which allows users to then buy “rated” gifts that can be gifted to curators - curators who earn a certain amount of coins can cash in these gifts – click link for more details on Rated coins
•In- app messaging - users can communicate with one another privately to discuss items for sale and to negotiate prices –
[Some of the features availble on Rated are only available for account holders]
Use of our Services includes accessing or browsing and these terms apply to all such use.
Other applicable terms
As further described below, your use of our Services might also involve your interaction with third-party service providers whose own terms and conditions will apply to your use of their services.
Information About Us:
Rated (rated.global) is operated by Post Kulture Limited T/A Rated, a limited company registered in England and Wales under company number 08618531 with its registered office at 86-90 Paul Street Shoreditch London EC2A 4NE [which is also our main trading address.] Our VAT number will be provided when required.
You must be at least 13 years of age. You may not create an Account if you are under 13 years of age.
Where relevant to particular Services, you must also be capable in your country of residence of entering into a legally binding agreement and, by using such Services, you are confirming to us that you are either at least 18 years of age, that you are fully able and competent to enter into and abide by these terms or that you have the consent of your parent or guardian to your use of the Services.
We will not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the Services. Please see our Privacy Statement for further details about how we protect your personal data and, in particular, that of minors.
Unless otherwise stated, our Services are made available free of charge.
Where you transact sales through your Account, you will need a [PayPal][Stripe] [ApplePay] account [or applicable credit/ debit card details] to use the Service. If you are under 18 and do not have your own account with such third party payment provider [or a relevant card], and you plan to use that of a parent or third party you undertake that you have express permission to use such parent’s or third party’s account in relation to each and every transaction undertaken on our Service.
We do not guarantee that our Services will always be available or be uninterrupted. Access to our Services is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Services without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Services. For example, you understand that you are responsible for all data charges you incur with your internet service provider in relation to your use of the Services.
Your Account and Password:
When you click through to set-up an Account, our registration process will take you through the steps to select a particular type of account and set it up.
User identification codes, passwords and other similar such information may be required as part of our security procedures when you register and use our Services.
Usernames are available on a “first come, first served” basis. If an account is deleted, its username may be re-activated for new users to claim.
Unless otherwise notified to you, passwords must use a mix of lower case, uppercase and numbers for security reasons – you cannot create your Account without a suitably secure password.
You must treat all such login information, passwords and similar such information as confidential and you must not disclose it to any unauthorised third party. You must make sure the email address you provide in your Account details remains active and is checked by you on a regular basis.
Subject to the above provisions, if you know or suspect that anyone other than you knows your log-in details, you must promptly notify us by emailing firstname.lastname@example.org.
If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of Your Content (defined below). Closing your Account will also remove access to any areas of Rated requiring an Account for access. To close your account please email email@example.com.
By using our Services, you are acknowledging that you understand that the content created by you and any and all other material uploaded by you if and when you interact with and use our Services (“Your Content”) will be viewable by others [and you also understand that, when such facility is made available, you will also have the ability to control who can access such content by [choosing the recipient/s of your content sharing and] adjusting your privacy settings.]
When you upload Your Content, it is considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you agree that by uploading such content you are granting us [and other users of our Services] an irrevocable, nonexclusive, worldwide, perpetual, royalty-free, sub-licensable, and transferable licence to use, store and copy that content and to distribute and make it available to third parties for any purpose [subject to [your choice of the recipient/s of your content sharing][OTHER RESTRICTION][and] any privacy settings you have set to control who can see Your Content if and when such facility is made available as part of our Services. Any such restrictions set by you, to control who can see Your Content, will not apply if and to the extent that disclosure is required by law in which case you shall, to the extent permitted by law, be notified in writing of the disclosure.]
We also have the right to disclose your identity to any third party who is claiming that Your Content constitutes a violation of their intellectual property rights, or of their right to privacy.
[Further rights you licence to us are described in the next section of these terms (Rights you Licence).]
Whenever you make use of the [Interactive features] and any other [interactive elements] of our Services that allow you to upload content or to make contact with other users of our Services – for example, the in-app messaging facility - you must comply with the content standards set out in our Rated Community Policy below. By uploading Your Content, you are promising to us that it complies with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
We will not be responsible, or liable to any third party, for any of Your Content or for any content posted by any other user of our Services.
We have the right to remove any of Your Content if, in our opinion, it does not comply with the content standards set out in our Rated Community Policy.
The views expressed by other users of our Services do not represent our views or values.
You agree and accept that injunctive relief shall not be available to you in the unlikely event of a breach of the obligations set out here or elsewhere in these terms.
Rights You Licence:
In addition to the licence granted by you above, by uploading Your Content you also hereby grant us an irrevocable, nonexclusive, worldwide, perpetual, royalty-free, sub-licensable, and transferable licence to reproduce, modify, adapt, edit, publish, create derivative works from, perform, promote, exhibit, and display Your Content in any and all media or distribution methods, now known or later developed subject to [your choice of the recipient/s of your content sharing and] any privacy settings you have set to control who can see Your Content.
Without limiting the foregoing, when you submit Your Content, you are also agreeing that the licence granted by you in relation to such content permits us to sublicense it to other companies, organisations or individuals in connection with the syndication, broadcast, distribution, promotion, or publication in any and all media or distribution methods, now known or later developed. No use of User Content in accordance with this licence shall entitle you to any compensation from us or from any other companies, organisations or individuals.
Our Intellectual Property Rights:
Subject to the paragraph below, all intellectual property rights subsisting in the provision of our Services, including any supporting software and documentation, are owned by and/ or licensed to us. This includes the manner in which all such material is compiled and presented by us online.
Where expressly indicated, the intellectual property rights subsisting in certain elements of our Services, including any supporting software and documentation, may be the property of named third parties.
You shall not reproduce, adapt, translate, reverse-engineer or make available to any third party any of the intellectual property subsisting in our provision of our Services, as described above, or any other material provided by us to you, where such activity goes beyond the scope of actions permitted by these terms in relation to your use of the Services [i.e. you may [confirm some of the sharing activities permitted] but you must not [confirm some of the activities prohibited]]. Our status (and that of any identified contributors) as the authors of content must always be acknowledged and, in addition, any watermark applied by Rated must remain applied to such Content.
You must inform us immediately if you suspect or are aware of any breach of these obligations concerning our intellectual property rights by contacting us promptly at firstname.lastname@example.org.
Please note that unless you are a Rated Curator or brand partner, who is subject to particular, additional terms that permit you to use Rated for your commercial activities, there is nothing in these terms and conditions that permits you to use any part of the content of our Services for commercial purposes without obtaining a licence to do so from us or our licensors.
You may not systematically copy content from Rated with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given our express permission to do so.
If you copy or download any content, provided by our Services and which does not belong to or is not licensed to you, in breach of these terms, your right to use our Services will cease immediately and you must, at our option, return or destroy any copies you have made of the content.
Other than as allowed in these terms or by us in writing, you are not given the right to use the “Rated” name, or any of the “Rated” trademarks, logos, domain names or other distinctive brand features, all of which are intellectual property rights that belong to us. These Terms of Service do not grant you any rights to, or in, any such intellectual property rights or any other rights or licences in respect of Rated’s materials and content, the Services, Rated’s name and/or trademarks, other than as set out in these terms.
No Reliance on Information:
We may update our Services from time to time and may change the content at any time. However, please note that any of the content provided by us may be out of date at any given time, and we are under no obligation to update it. Although we make reasonable efforts to update the content of our Services, we make no representations, warranties or guarantees, whether express or implied, that our content is accurate, complete or up-to-date.
We do not guarantee that our Services, or any content provided, will be free from errors or omissions.
As we are not the seller of any items made available through Your Content and/ or through links to our affiliates and partners, we have no control and do not give any commitment relating to the existence, quality, safety, genuineness or legality of any such items, the truth or accuracy of any picture or description of the items or any other content made available by users, the ability of sellers to sell those items, the ability of buyers to pay for them or that a buyer or seller will actually complete a transaction or return the item, and we have no liability in this respect. You alone decide whether to proceed with a sale or purchase of an item and, as such, we make no commitments regarding such items.
Limitation of our Liability:
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Services, whether express or implied.
Insofar as is permitted by law, we make no representation, warranty, or guarantee that Rated will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of our failure to exercise reasonable care and skill, any digital content from our Services damages your device or other digital content belonging to you, if you are a consumer you may be entitled to certain legal remedies which shall be capped reasonably to a sum equivalent to the fees paid or payable annually for similar services.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
•use of, or inability to use, our Services; or
•use of or reliance on any content provided to you by our Services.
If you are a business user, please note that in particular, we will not be liable for:
•loss of profits, sales, business, or revenue;
•loss of anticipated savings;
•loss of business opportunity, goodwill or reputation;
•any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our Services to you for domestic and private use, you agree not to use our Services for any commercial or business purposes and you accept that we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Services or to your downloading of any content provided to you via our Services, or on any website linked to them.
We assume no responsibility for the content of third party websites linked to our content, to Your Content or to the content of other users. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
To the extent permitted by applicable law, we shall have no liability for any loss of Your Content. We do not check or moderate any of Your Content before it is added to the Services. We may later check, moderate, reject, refuse or delete any of Your Content if we think that it breaks any of the rules set out in the Rated Community Policy, or we believe it is against the ethos of Rated.
Any of Your Content removed from the Services may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations. You should also note that even if your Account is deactivated, some of your data may persist and appear within the Service, for example where Your Content has been re-shared by others.
However, we encourage you to maintain your own backup of Your Content and you agree that you will not rely on the Services for the purposes of content backup or storage.
We will do our best to assess any possible risks for users [(and in particular, for children)] from third parties when they use our [interactive elements] of the Services and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, please note that[, unless we notify you otherwise, we do not monitor or moderate any [interactive elements] of our Services and] we are under no obligation to oversee, monitor or moderate Your Content or any other interactivity or content provided by you or other users whether or not breaches are notified to us.
Furthermore, we expressly exclude our liability for any loss or damage arising from the use of any Services by a user in contravention of our content standards, whether the service is moderated or not and whether or not breaches are notified to us.
[As noted above, the use of any of our Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use our service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using our Services should be made aware of the potential risks to them.]
If and when we notify you that we are moderating our Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Rated Community Policy:
Please check our Rated Community Policy page for a list of seller restricted items and content.
You may use our Services only for lawful purposes. You may not use our Services:
•In any way that breaches any applicable local, national or international law or regulation.
•In any way that is unlawful, fraudulent or has any unlawful or fraudulent purpose or effect.
•For the purpose of harming or attempting to harm minors in any way.
•To send, knowingly receive, upload, download, use or re-use any material which breaches our Content Standards (as set out below), or any other reasonably required standards concerning content.
•To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam) whether through the in-app messaging facilities or otherwise.
•To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
•To sell or intentionally purchase any fake or counterfeit items or any item that otherwise breaches another person’s rights, or to fail otherwise to comply with applicable legal requirements relating to the sale or purchase of items (including but not limited to import and export rules and illegal products, the listing of any age restrictions, distance selling and cooling off rights which may apply to items where the seller is a business).
•To collect any data from the Services other than in accordance with these terms and conditions.
•To interfere unfairly or unlawfully or manipulate any ratings system or user feedback system.
•To submit or contribute any content without the permission of the content owner, or otherwise infringe the copyright, trademark or other rights of third parties (including through the use of hashtags for protected brands, in connection with Your Content, that are irrelevant to Your Content).
•[To offer to sell or buy any of the items we list as prohibited items - Rated has a zero tolerance policy on using the Services to promote, advertise or sell [LIST PARTICULAR ITEMS e.g. drugs, drug paraphernalia, tobacco and/or tobacco paraphernalia or related products.]]
•To submit or contribute any information or commentary about another person without that person’s permission and/ or in a manner reasonably considered harassing or otherwise unlawful, or post private or confidential information via the Services, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
•To mine data, screen scrape or crawl any part of the Services.
•To avoid any technical measures implemented to protect or provide the Services.
•To use any third party’s banking or other payment details unless you have express permission from them to do so.
•[To use the Services to drop ship.]
You also agree:
•Not to reproduce, duplicate, copy or re-sell any content in contravention of the provisions of these terms;
•Not to access without authority, interfere with, damage or disrupt:
•any of our Services;
•any equipment or network on which parts of our Services are stored;
•any software used in the provision of our Services; or
•any equipment or network or software owned or used by any third party.
•If and to the extent that Your Content includes anything belonging to third parties, you warrant that all such third party content is used with the consent of relevant third parties.
•If you are an individual consumer, your right to use the Service is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your Account to another person.
•If you sell age-restricted items through Your Content, you are responsible for ensuring that any age-restricted items are marked clearly with the applicable age restriction (as required by law) and if you buy items from other users, you agree that you shall not attempt to purchase items if you are younger than the advertised and legal age restriction.
These content standards apply to any and all of Your Content:
You must comply with the spirit and the letter of the following standards. The standards apply to each part of Your Content as well as to its whole.
Your Content must:
•Be accurate (where it state facts).
•Be genuinely held (where it state opinions).
•Comply with applicable law in the UK and in any country from which it is posted.
Your Content must not:
•Contain any material which is defamatory of any person.
•Contain any material which is obscene, offensive, hateful or inflammatory.
•Promote sexually explicit material.
•Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
•Infringe any copyright, database right or trademark of any other person.
•Be likely to deceive any person.
•Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
•Promote any illegal activity.
•Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
•Be likely to harass, upset, embarrass, alarm or annoy any other person.
•Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
•Give the impression that it emanates from us, if this is not the case.
•Advocate, promote or assist any unlawful act including copyright infringement, computer misuse or terrorism.
Suspension & Termination For Breach:
We will determine, in our discretion, whether there has been a breach of these terms in relation to your use of our Services. When a breach of these terms has occurred, we may take such action as we deem appropriate, which may include:
•Immediate, temporary or permanent withdrawal of your access to our Services, subject to applicable regulatory notice (if any).
•Immediate, temporary or permanent removal of Your Content or any other posting or material uploaded by you, subject to applicable regulatory notice (if any).
•Issue of a warning to you.
•Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
•Further legal action against you.
•Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
The responses described in these terms are not limited, and we may take any other action we reasonably deem appropriate. You also accept that we are not responsible for the results of actions reasonably taken by us under these terms in response to your breaches of these terms, in particular breaches of the Rated Community Policy and Content Standards.
If we end your use of the Services or we withdraw the Services as described above, we may delete or modify Your Content, Account or any other information we hold about you. You will also lose any rights you have to use the Services or to access our content or Your Content; you are also prohibited and must refrain from setting up a new account and/ or creating a new user profile. We will not offer you compensation for any losses.
We do not guarantee that our Services will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and devices in order to access our Services. You should use your own virus protection software.
You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the network or server on which our Services are transmitted or stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
Linking To Our Services:
You may link to particular Rated pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to us in any website that is not owned by you nor may you create a link to any part of our Services other than the home pages.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the terms of the Rated Community Policy and content standards set out above.
If you wish to make any use of content from our Services other than via the linking described above, please contact email@example.com.
Third party links and resources from our Services
Where our Services contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
We may, from time to time, feature advertising on Rated and we reserve the right to display advertising on the same page as Your Content.
You agree that you will not attempt to remove or hide any advertising [using HTML/CSS or by any other method].
We are not responsible for the content of any advertising on Rated. [Each advertiser is responsible for the content of their own advertising material]. We will not be responsible for any advertising on Rated including, but not limited to, any errors, inaccuracies, or omissions.
If and to the extent that the provision of the Services includes the processing of your personal data by us, such processing shall be carried out in accordance with the terms of the Privacy Statement and applicable data protection laws.
Changes To These Terms:
Please check these from time to time to take notice of any changes we made, as they are binding on you.
Disputes With Us:
If you have a dispute with us relating to the Service, in the first instance please contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally.
Disputes With Other Users Relating To a Sale Transaction:
If you use PayPal or particular payments via Stripe to pay for an item or receive any money for a sale transaction, you may be eligible for additional protection that is offered to buyer users or curators, details of which are available below (“User Protection”).
All purchases/sales made away from Rated (e.g. on third party sites to which users have navigated or which curators/ brands have provided are not covered by User Protection.
If: a) as a buyer user your purchase has not arrived, or if what you received is significantly not as described or faulty, or b) as a curator you are sent an unauthorised payment, or a buyer user claims they didn’t receive their item, you can report the issue to us within 180 days and we will reply to you with instructions on how to proceed by emailing email@example.com.
Transactions via PayPal – User Protection:
In order to be eligible for PayPal User Protection, you must: a) purchase/sell the item in-app using PayPal, and b) report the transaction issue to PayPal within 180 days from the date of purchase/sale. This User Protection applies only if these conditions are met. Non-material goods, prohibited items and meet-in-person transactions are not covered by PayPal User Protection.
If PayPal verify that the item was not received or was significantly not as described, you may be entitled to a refund under Paypal’s User Protection for buyer users. If the item is significantly not as described, PayPal will ask you to return it to the curator before refunding you. If the item is found to be counterfeit, PayPal will ask you to destroy it.
Rated Payments via Stripe – Rated User Protection:
In order to be eligible for Rated’s User Protection, you must: a) purchase/sell the item in-app using Rated payments via Stripe, and b) report the transaction issue to Rated within 180 days from the date of purchase/sale. Rated User Protection applies only if these conditions are met.
Rated User Protection for buyers:
To qualify for Rated’s User Protection, you must be able to prove that a) you bought the item with Rated payments via Stripe or otherwise are able to confirm that such purchase was processed by Rated, and b) the item did not arrive OR was materially and significantly different to the description thereof OR the item was counterfeit. If we find that the above criteria is fulfilled, subject to you returning the item where requested (tracked delivery), you will receive a full refund of the item from the curator.
It is agreed that no failure by either you or us to enforce the performance of any provision in these terms shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these terms. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
These terms shall be governed by the laws of England and Wales and shall be subject to the non-exclusive jurisdiction of the laws of England and Wales.
If you are a business user, these terms (and any non-contractual disputes or claims) are governed by English law and you and we both agree to the exclusive jurisdiction of the courts of England and Wales.
To contact us, please email firstname.lastname@example.org.Or alternatively send us a message on our live messager.