We, siliconmalta Ltd. (“siliconmalta,” “we” or “us”) are committed to enable you, our users (“User(s)” or “you”), to anonymously share your innermost thoughts, secrets, and feelings. To provide you the platform where you can do so, we need to establish some rules and guidelines. This document states or refers to these rules and guidelines.
By using our Services, you are accepting these Terms, so please review them carefully before using our Services. If you do not agree with our Terms, then please do not use our Services. Your right to access and use our Services is conditioned upon acceptance of and compliance with these Terms, so if you do not consent and adhere to these Terms, you have no right to access or use our Services. These Terms of Service (“Terms”) cover our siliconmalta and Feelings website (“Sites”) and any siliconmalta application and service. The Sites, application and service are collectively referred to as the “Services”. When using our Services, you may submit content, including without limitation picture posts and user comments (“User Content”).
1. Acceptance; Changes to the Terms
By accessing or using our Services, you are accepting these Terms, expressing your consent to all the provisions in these Terms, and agreeing to be bound by and comply with all the terms and conditions of these Terms.
We reserve the right to change these Terms at any time at our sole discretion. You will be notified of such changes by a notice on our Sites or via our mobile app. The new Terms will become effective thirty (30) days after we post the notice on our Sites. Your continued access to or use of the Services after the new Terms become effective will constitute acceptance of the new Terms.
We reserve the right to terminate (or temporarily suspend) your account and/or your right to access and use the Services at any time at our sole discretion, with or without notice to you. In particular, we may choose to do so if you do not comply with these Terms, for example by infringing third party copyrights or if you violate our Community Guidelines [see the section below entitled “Community Guidelines”]
If your rights regarding access to and use of the Services are suspended or terminated, you agree to make no further attempt to access or use the Services during such suspension or after termination.
You may terminate your use of the Services at any time by deleting our Feelings app.
In case of a termination, whether by us or by you, the provisions regarding Intellectual Property Rights; Privacy and Anonymity; Our Compliance with the Law; Indemnification, Warranties and Liability; and General Terms and Conditions and shall survive such termination.
2. Our Services
We administer and operate our Services from our location in Hamrun, Malta. Although our Services are accessible throughout the world, not all services or features provided or offered as part of our Services may be available to all persons or in all geographic locations. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature or part of our Services to any person or geographic area.
We also reserve the right to modify, suspend, interrupt or terminate our Services or any part thereof, at any time and for any reason, and with or without notice to you. You agree that we will not be liable to you or any third party for any such modification, suspension, interruption or termination of the Services or any part thereof.
You are not permitted to use our Services if you are not at least thirteen (13) years of age. By accessing or using our Services, you affirm that you are over thirteen (13) years of age and that you have not been previously barred from using our Services.
You understand that when you use our Services, you will be exposed to content from a variety of sources, which may be inaccurate, offensive, indecent or objectionable. We are not responsible for the accuracy, appropriateness or usefulness of the content provided through our Services, nor do we endorse such content nor any opinion, recommendation or advice expressed therein. We therefore expressly disclaim any and all liability in connection therewith and you hereby waive any legal or equitable rights or remedies you have or may have against us with respect thereto.
3. Third Party Content
Through our Services, third parties may make available materials, information and services, such as photographs, text, graphics, pictures, sound, video, information and software applications (collectively “Third Party Content”). Such Third Party Content may be governed by separate license agreements that accompany such content.
Although we may monitor Third Party Content, and may set up controls of the same, we are under no obligation to investigate, monitor or check for accuracy, appropriateness, or completeness of such Third Party Content. We offer no guarantees and we assume no responsibility or liability of any type with respect to such Third Party Content, including any liability resulting from incompatibility between the Third Party Content and our Services. You agree that you will not hold us responsible or liable with respect to the Third Party Content or seek to do so.
Also, we may provide links to third party websites or other properties you only as a convenience, and the inclusion of a link does not imply our approval or endorsement. Any issues or concerns regarding any such site should be directed to the owner or operator of that site or property.
4. Conditional Right to Access and Use
Conditioned upon your full compliance with these Terms (and the Related Documents, including the Community Guidelines), we grant you a limited, non-exclusive, non-transferable and revocable right and license to access and use our Services for your personal use. For clarification, if you fail to comply with any of the provisions of these Terms, then you are no longer entitled to access and use our Services and will be in violation of our proprietary rights therein. Except as expressly provided herein, we do not grant you any express or implied rights in or to our Services or to any content or intellectual property rights provided through our Services.
5. What You Cannot Do
Your conditional right to access and use our Services is limited in that you are, except as expressly stated otherwise in these Terms, not allowed to:
- Use our Services for any commercial purpose, such as, without limitation, sell, rent, lease, loan, assign, license, sublicense or in any other way, in whole or in part, exploit any of the content provided through our Services;
- Download (other than page caching), copy, reproduce, republish, frame, transmit, distribute, publicly display or perform, or modify or create derivative works based on, any content provided on our Services, the selection and arrangement thereof, or our Services themselves;
- Solicit any activity, unlawful or otherwise, that infringes our or any third party’s rights;
- Access our Services by means of robots, data mining or similar data gathering and extraction tools or methods;
- Access our Services in order to build a competitive product or service or to analyse or reverse engineer any part of our Services;
- Impose an unreasonable burden on the network or infrastructure on which our Services are provided or in any other way interfere with the operation of our Services or with any other user’s use of our Services;
- Remove, circumvent, interfere with or otherwise attempt to breach the security-related features of our Services or in any other way attempt to gain unauthorized access to our Services or any part thereof; or
- Use our Services for any purpose that is beyond the scope of our Services’ reasonably expected use, is illegal, or is prohibited by these Terms or our Community Guidelines.
6. User Account
No username will be used or visible during your experience with our Services. Additionally, it is your responsibility to keep your account information secret. You must notify us immediately if the secrecy of your account information has been compromised or if you discover or suspect any unauthorized use of your account.
You are responsible for all activity that occurs through the use of your account and you may be held responsible for any losses incurred by us or any other user of our Services that are in any way related to your failure to maintain the secrecy of your account information.
7. User Conduct
Our Community Guidelines provide important information about permissible User Content and User conduct. While we cannot guarantee that you will not encounter objectionable content on our Services, the Community Guidelines are an important part of making our Services a creative environment that all users can enjoy. Accordingly, you must observe the Community Guidelines and they constitute an integral part of these Terms.
8. User Content
When using our Services, you may submit content, including without limitation picture posts, and user comments (“User Content”). You are solely responsible for your User Content and the consequences of submitting and publishing your User Content through our Services.
We reserve the right to suppress or delete any User Content that we, in our sole discretion, deem inappropriate or to be violating these Terms or our Community Guidelines, such as, but not limited to, User Content containing nudity, pornography, obscenity, or abusive or bullying content. For more information about permissible and prohibited User Content, please refer to our Community Guidelines.
By submitting User Content to our Services, you affirm, represent and warrant that you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to submit such User Content to our Services and to grant us the rights and licenses as set forth hereinafter. You also represent that your User Content does not and will not infringe, violate or misappropriate any third-party rights, including any patent, trademark, trade secret, copyright, right of publicity, or any other intellectual property or proprietary right.
By submitting User Content to our Services, you are hereby granting us a license to all Intellectual Property and other proprietary rights in and to such User Content for the use of your User Content with our Services. For clarification, you retain all of your ownership rights in your User Content, but by submitting your User Content to our Services, you hereby: (a) grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable and sub-licensable license to use, reproduce, distribute, publish, modify and prepare derivative works of, publicly display and perform such User Content in connection with our Services and our (and our successors’, assigns’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels; and (b) grant each user of our Services a worldwide, non-exclusive, royalty-free, perpetual, irrevocable and sub-licensable license to use, reproduce, distribute, publish, modify and prepare derivative works of, publicly display and perform your User Content as permitted through the functionality of our Services and under these Terms. The above license granted by you to each other user of our Services in your User Content terminates after you remove or delete your User Content from our Services, unless you have published your User Content or shared it with other users prior to its removal, and they have not deleted it.
9. siliconmalta Intellectual Property
Unless otherwise stated, all materials on our Services, including, but not limited to, text, graphics, images, illustrations, designs, icons, photographs, video clips, and any written and other content that appear as part of our Services, as well as their selection and arrangement and their “look and feel”, are, insofar applicable, protected by copyright, trademark, trade dress, patent and/or other intellectual property and proprietary rights (collectively “siliconmalta Intellectual Property”), and any unauthorized use of such material may violate the siliconmalta Intellectual Property.
Nothing in these Terms shall transfer from us or any of our third party licensors to you any siliconmalta Intellectual Property or third party Intellectual Property. All right, title and interest in and to our Services and the siliconmalta Intellectual Property are and will remain the exclusive property of siliconmalta.
The siliconmalta Intellectual Property, as well as any third party trademarks, logos and service marks contained in our Services, may not be used in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or in part, without our or the third party owner’s prior written permission.
10. Copyright Infringement
We do not permit copyright infringing activities and infringement of other intellectual property rights on our Services. It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA) and in accordance with the DMCA, we have adopted a policy of terminating the accounts of users who are deemed to be repeat copyright infringers.
Compliance with Law
Your Obligations: you may only use our Services in compliance with all applicable local, state, national and international laws, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy as well as Maltese export laws and regulations. You are not permitted to access or use our Services in any jurisdiction that does not give effect to these Terms. If you access or use our Services from a location outside Malta, you are solely responsible for complying with applicable local laws.
We may monitor User Content and where deemed as inappropriate, take proactive steps, including without limitation notification to appropriate authorities. For example, if we read about illegal activity or imminent threats, we may inform law enforcement agencies.
You hereby expressly acknowledge and agree to such monitoring and that we may disclose information and data that might lead to your identification if we, at our sole discretion, deem it appropriate to protect you or others from serious harm.
You agree to defend, indemnify and hold harmless siliconmalta, its officers, members, predecessors, successors and assigns, directors, employees, agents, subsidiaries, affiliates, licensors and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys’ fees) due to, arising out of or relating in any way to your use of our Services.
11. Warranty Disclaimer
OUR SERVICES AND ANY CONTENT MADE AVAILABLE THROUGH OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS WITH RESPECT TO OUR SERVICES AND CONTENT MADE AVAILABLE THROUGH OUR SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF OUR SERVICES, THAT THE FUNCTIONS CONTAINED IN OUR SERVICES OR PERFORMED BY OUR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY PART OF OUR SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN OUR SERVICES WILL BE CORRECTED, OR THAT OUR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR AN APPROVED REPRESENTATIVE SHALL CREATE A WARRANTY.
ALL INFORMATION PROVIDED ON OR THROUGH OUR SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE. WE CANNOT AND DO NOT ENSURE OR WARRANT THAT ANYTHING YOU DOWNLOAD FROM OUR SERVICES WILL NOT CONTAIN VIRUSES OR OTHER DESTRUCTIVE ELEMENTS.
In such jurisdiction that does not allow for the exclusion of implied warranties or limitations on statutory rights of a consumer, the above exclusions and limitations will be valid to the fullest extent allowed by applicable law.
12. Limitation of Liability
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATED ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH (1) THE USE OF, OR INABILITY TO USE, OUR SERVICES; (2) ANY CONTENT MADE AVAILABLE THROUGH OUR SERVICES; OR (3) THE CONDUCT OF OTHER USERS OF OUR SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THESE TERMS, WE ARE FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF OUR SERVICES OR ANY CONTENT MADE AVAILABLE THROUGH OUR SERVICES, THEN OUR LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE PROVISION OF OUR SERVICES DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE (1) EURO, WHICHEVER IS GREATER.
In such jurisdictions that do not allow for the limitation of liability set forth herein, our liability will be limited to the fullest extent allowed by applicable law.
These Terms are the complete and exclusive agreement between you, the User, and us, siliconmalta, with respect to the subject matter hereof, superseding and replacing any and all prior and contemporaneous agreements, communications, and understandings (both written and oral) regarding such subject matter. If any provision of these Terms is deemed invalid or for any reason unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. If siliconmalta chooses not to enforce strict performance of any right or provision under these Terms, this shall not be construed as a waiver of such right or provision. You may not transfer or assign these Terms, or any rights and licenses granted hereunder, but siliconmalta may do so without restriction. Any attempted transfer or assignment in violation hereof will be null and void. These Terms shall be construed in accordance with the laws of Malta, without regard to any conflict of law provisions. Any dispute arising hereunder shall be resolved exclusively by the courts in Malta, under the EU law, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts. Notwithstanding this, either party may apply for injunctive or other equitable relief to protect or enforce that party’s intellectual property rights in any court of competent jurisdiction where the other party resides or has its principal place of business. You agree that any cause of action that you may desire to bring arising out of or related to these Terms and/or the Services must commence within one (1) year after the cause of action arises; otherwise, such cause of action is hereby waived and permanently barred. In such jurisdictions that do not allow for the shortening of the time period in which a cause of action must be brought, the applicable time period shall be the minimum allowed by law.
We welcome your questions, comments and concerns. If you choose to submit such feedback to us, you agree that we are free to use this feedback in any way we see fit, without any restriction or compensation to you. Please send your feedback to: firstname.lastname@example.org
15. DMCA Requests
To submit a DMCA request, siliconmalta asks that you provide: A clear description or identification of the copyrighted work that you claim was infringed; A clear description or identification of the material you claim infringes the copyrighted work and information reasonably sufficient to allow us to locate the material on the Service (e.g., a link to the material you claim is infringing); Your contact information, preferably including an email address and telephone number; Include the following or similar statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.” Include the following or similar statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.” The notice must be signed by the owner or the person authorized to act on its behalf. siliconmalta’s designated agent, which will receive and act on copyright violations under the Digital Millennium Copyright Act (DMCA), may be contacted at: email@example.com or siliconmalta , Attn: Copyright Claims, siliconmalta Ltd., 3rd Floor, Merlin House, Joe Gasan Street, Hamrun, HMR 1574, Malta. We will review and address all notices that comply with the requirements set forth above. Please do not send any correspondence unrelated to claims of copyright infringement as they will not be responded to.
16. Community Guidelines
The intent of this section is to clarify what we consider to be acceptable use of siliconmalta, Ltd’s (“siliconmalta,” “we” or “us”) websites, [siliconmalta.com, thefeelingsapp.com] (the “Sites”), and siliconmalta’s Android and other applications (those applications together with the Sites, “Service”).
17. Redundant Content
Service is not intended to be an all-purpose content aggregator. Users who import or aggregate content in a less-than-meaningful way are likely to be suspended.
18. Illegal Use
Service may not be used for illegal purposes. Examples of this include using the Service for fraudulent purposes or operating a phishing site (used to obtain account and password information).
Users that do not publish meaningful content, use deceptive means to generate revenue or traffic, or whose primary purpose is affiliate marketing, will be suspended.
20. Identity Theft and Privacy
Users that misleadingly appropriate the identity of another person are not permitted. Users may not post other people’s personally identifying or confidential information, including but not limited to credit card numbers, Social Security Numbers, and driver’s and other license numbers. You may not post information such as other people’s passwords, phone numbers, addresses and e-mail addresses unless already publicly accessible on the Web.
21. Hate Content, Defamation, and Libel
Hate speech and other objectionable content that is unlawful, defamatory, and fraudulent. Note that an allegation of defamatory expression, in and of itself, does not establish defamation. The truth or falsehood of an expression is a key element in establishing defamation, and we are not in a position to make that sort of fact-based judgment. That said, if we have reason to believe that a particular statement is defamatory (a court order, for example), we will remove that statement.
Using copyrighted material does not constitute infringement in all cases. In general, however, users should be careful when using copyrighted content without the permission of those who created it. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”).
23. Mass Registration and Automation
Accounts that are registered automatically or systematically will be removed and access will be permanently suspended.
24. Sexually Explicit Content
Accounts that regularly upload sexually explicit or pornographic material will be suspended and/or blocked.
25. Malicious Bigotry
Users must not actively promote violence or extreme hatred against individuals or groups, on the basis of race, ethnic origin, religion, disability, gender, age, veteran status, or sexual orientation. While we firmly believe that the best response to hateful speech is not censorship but more speech, we will take down malicious bigotry, as defined here.
26. Harm to Minors
Be thoughtful when posting anything involving a minor. Don’t post anything relating to minors that is sexually suggestive or violent. Don’t bully minors, even if you are one. Life as a teenager is hard enough without the fear, anguish, and isolation caused by online bullying.
27. Promotion and Glorification of Self-Harm
Users should not post content that actively promotes or glorifies self-harm. This includes content that urges or encourages readers to cut or injure themselves; embrace anorexia, bulimia, or other eating disorders; or commit suicide rather than, e.g., seeking counselling or treatment, or joining together in supportive conversation with those suffering or recovering from depression or other conditions. Dialogue about these behaviours is incredibly important and online communities can be extraordinarily helpful to people struggling with these difficult conditions.
28. Gore and Mutilation Content
Users should not post gore just to be shocking. Don’t showcase the mutilation or torture of human beings, animals, or their remains.
29. Unauthorized Sweepstakes or Giveaways
Everyone wants to be a winner, but there are many reasons (including legal ones) why the Service can’t be used for sweepstakes without our involvement and consent. If you’re planning something like this, let us know.
30. Copyright and Trademark Infringement
Respect the copyrights and trademarks of others. If you aren’t authorized to use someone else’s copyrighted or trademarked work (either expressly or by legal exceptions and limitations like fair use), don’t. It is our policy to respond to notices of alleged copyright infringement as per our Terms of Service and the Digital Millennium Copyright Act.
31. Impersonation, Stalking, or Harassment
Treat the community the way you’d like to be treated. Don’t attempt to circumvent the Block feature. If you want to parody or ridicule a public figure (and who doesn’t?), don’t try to trick readers into thinking you are actually that public figure.
32. Privacy Violations
Users should not use our Services to deceptively obtain personal information. Do not post content that violates anyone’s privacy, including personally identifying or confidential information like credit card numbers, social security numbers, unlisted contact information, or private photos of your ex’s junk (no matter how attractive).
33. Disruptions, Exploits, and Resource Abuse
Our servers and the valiant engineers that support them work hard for you. Do not attempt unauthorized use, disruption, or exploitation of Feelings or our other products and posts, or otherwise abuse siliconmalta’s resources.
34. Unlawful Uses and Content
This one is pretty obvious, but our Services are not place for illegal behaviour, including fraud, phishing, or illegally inciting violence.
35. Account Termination
If we conclude you are violating these policies, you may receive a notice via email or direct message. If you do not explain or correct your behaviour, your account may be suspended and/or blocked. We do our best to ensure fair outcomes, but in all cases we reserve the right to suspend accounts or remove content, without notice, for any reason, but particularly to protect our services, infrastructure, users, or community. We reserve the right to enforce, or not enforce, these policies in our sole discretion, and these policies do not create a duty or contractual obligation for us to act in any particular manner. We also reserve the right to amend these policies.