This agreement was written in English (GB). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
Date of Last Revision: January 14, 2017
Statement of Right and Responsibilities
This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") is our terms of service that governs our relationship with users and others who interact with Precept products and services, which are exposed via the uCheck Platform. By using or accessing the uCheck Platform, you agree to this Statement, as updated from time to time in accordance with Section 8 below.
Your privacy is very important to us. We designed our Data Policy to make important disclosures about how you can use Precept’s uCheck Platform to share information with others and how we collect and can use your content and information. We encourage you to read the Data Policy, and to use it to help you make informed decisions.
Sharing Content and Information
Content could be posted on uCheck Platform in form of comments (which IP will be owned by the End User who posted it) and links to external resources (which IP remains with the original owner of the content available on the external platform).
You own responsibility on all of the content and information you post on uCheck Platform. In addition:
- You can post content which you do not own to support with evidence fact-checking activities by posting, in accordance with their policies, links to external resources hosted on other platforms and websites which own the content
- IP contents whose links are posted in uCheck Platform is not owned by Precept and/or by the End Users but remains of property of the original owners
- Precept, uCheck Platform and its End Users will use any content posted with the purpose to support with evidence facts and news under review
- Content posted on open reports won’t be visible publicly until a report comes to a resolution (following uCheck Methodology)
- Content posted on open reports which have come to a resolution, will be visible publicly on uCheck Platform
- When you publish content or information using the uCheck vote options to submit evidence, it means that you are allowing anyone who is registered on the uCheck Platform as a fact-checker and has expressed interest in the category you are posting, to access and use and vote that information. When a report comes to a closure, your posted content will become publicly accessible.
- We appreciate your feedbacks and suggestions, but you understand that we may use them without any obligation to compensate you for them.
We do our best to keep uCheck safe, but we cannot guarantee it. We need your help to keep uCheck safe, which includes the following commitments by you:
- You will not post unauthorized commercial communications (such as spam) on uCheck.
- You will not collect users' content or information, or otherwise access uCheck, using automated means (such as harvesting bots, robots, spiders, or scrapers).
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on uCheck.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not use uCheck to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of uCheck, such as a denial of service attack or interference with page rendering or other uCheck functionality.
- You will not facilitate or encourage any violations of this Statement or our policies.
Registration and Account Security
uCheck users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on uCheck, or create an account for anyone other than yourself without permission.
- You will not create more than one personal account.
- If we disable your account, you will not create another one without our permission.
- You will not use uCheck if you are under 14.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account to anyone without first getting our written permission.
- If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
Protecting Other People’s rights
We respect other people's rights, and expect you to do the same.
- You will not post content or take any action on uCheck that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on uCheck if we believe that it violates this Statement or our policies.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or Trademarks or any confusingly similar marks, except with our prior written permission.
- You will not post anyone's identification documents or sensitive financial information on uCheck.
- You will not submit links or send email invitations to non-users without their consent.
- You agree that you have the right to submit anything you post, and that your user content does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party.
Mobile and Other Devices
We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
In the event you change or deactivate your mobile telephone number, you will update your account information on uCheck within 72 hours to ensure that your messages are not sent to the person who acquires your old number. You provide consent and all rights necessary to enable users to sync their devices with any information that is visible to them on uCheck.
About Advertisements and Other Commercial Content Served or Enhanced by Precept and uCheck Platform
Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:
- You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you.
- We do not give your content or information to advertisers without your consent.
- You understand that we may not always identify paid services and communications as such.
We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services. If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice on the uCheck Terms & Conditions Page. Your continued use of the uCheck Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of uCheck Services to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.b, 2.d, 3-5, 9.c, and 9-13.
The relationship between Precept, uCheck and the User shall be governed by and construed in accordance with the General Conditions, with the interpretation, validity and execution thereof pursuant to Spanish law. Any dispute arising out of or in relation to these Conditions of Use shall be subject to the jurisdiction of the Courts of law of Barcelona.
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or uCheck exclusively in the jurisdiction of the Courts of law of Barcelona, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims.
- If anyone brings a claim against us related to your actions, content or information on uCheck, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on uCheck and are not responsible for the content or information users transmit or share on uCheck. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on uCheck. We are not responsible for the conduct, whether online or offline, of any user of uCheck.
- We try to keep uCheck Platform up, bug-free and safe, but you use it at your own risk. We providing uCheck as is without any express or implied warranties including, but not limited to, implied warranties of of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that uCheck will always be safe, secure or error-free or that uCheck will always function without disruptions, delays or imperfections. uCheck is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
Special Provisions Applicable to Users Outside Spain
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with uCheck outside Spain:
- You consent to having your personal data transferred to and processed in Spain.
- If you are located in a country embargoed by the EEA, you will not engage in commercial activities on uCheck (such as retributed fact-check activities or payments). You will not use uCheck if you are prohibited from receiving products, services, or software originating from Spain.
- By "Precept" or ”Precept Services” we mean the features and services we make available, including through (a) our website at www.ucheck.co and any other Precept and uCheck branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the Vote button, the Share button and other similar offerings; and (d) other media, brands, products, services, software (such as an extension or toolbar), devices, or networks now existing or later developed.
- By "uCheck Platform" we mean a set of APIs and services (such as content) that enable our extension and others, including application developers and website operators, to retrieve data from uCheck or provide data to us.
- By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with uCheck.
- By "content" we mean anything you or other users post, provide or share using uCheck Services.
- By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from uCheck or provide to uCheck through uCheck Platform.
- By "report" we mean report opened on uCheck or otherwise made available by using uCheck.
- By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By “fact check” we mean the review of a news or part of the news based on an objective analysis which aims to provide evidence if the news or part of the news are validated, false or non-provable.
- By “fact checker” we mean anyone who use uCheck Platform, also End Users, to review and validate news or part of facts quoted in a news article.
- By "application" we mean any application or website that uses or accesses uCheck Platform, as well as anything else that receives or has received data from us.
- By “link to evidence” we mean any link to third parties resources, application and websites which might be posted in uCheck Platform to support report resolution.
- By “report resolution” we mean reports which have come to a resolution and have been voted by uCheck End Users and fact checkers and reached a threshold based on uCheck Methodology.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing uCheck.