INTRODUCTION:
We have a responsibility to protect each client and to provide quality services. All clients of Stumble are subject to the following Terms of Service: You agree that Stumble Ltd may modify this agreement and the conditions at any time without prior contact. You agree to be bound by this agreement, and should periodically review our Terms of Service to ensure they meet your needs. Stumble Ltd may be referred to as ‘we’, ‘us’ or any first-person pronouns. The following terms apply to you if you have joined any services from Stumble Ltd.
(Terms of Use: stumble.app, 06/08/2019)
These terms and conditions apply to the entire contents of the Stumble website and subsequent universal apps released in conjunction with the service, Stumble.
If you are a member of "Stumble" please note the legal entity which you are entering into a contract with is: Stumble Ltd, a private limited company incorporated in England and Wales with the registered company number: 11980778
Postal address: Stumble Ltd [available on request by email]
These terms and conditions are binding documents which govern your use of our services and our provision of the service to you. You are advised to read these terms and conditions, privacy policy and A.U.P carefully, this will help ensure that they contain everything you want and that there is nothing within them that you are not prepared to agree to. If they contain anything that you are not willing to agree with then your only course of redress is not to use any of the services offered by Stumble Ltd as a whole, as per GDPR.
These general terms constitute an agreement between you the member and Stumble Ltd, by joining this service all members basic or premium agree to follow the terms and conditions, privacy policy and A.U.P (Accepted Use Policy) deviation from these terms could result in a member’s account being permanently suspended, as a direct result failure to read the following terms does not give grounds for any member to hold Stumble Ltd responsible for any actions arising from any other member using the service's provided. Should you the member not agree to these or the following terms, please remove your account.
Article 1 Definition’s and Interpretations:
The following words, highlighted in bold text, shall have the following Definitions and Interpretations (meanings) in these Terms & Conditions, AUP and privacy policy.
"C.O.P.P.A." (Children's Online Privacy Protection Act)
The primary goal of COPPA is to place parents in control over what information is collected from their young children online. The Rule was designed to protect children under age 13 while accounting for the dynamic nature of the Internet.
Stumble is aimed at a general audience and therefor does, and will comply with COPPA.
The Rule applies to Stumble Ltd. Services as a whole that may be directed to children under the age of 13 that collect, use, or discloses personal information from children, and operators of general audience websites or online services with actual knowledge that they are collecting, using, or disclosing personal information from children under 13.
Please read Article 19 of these terms for information on parental consent etc. it is very important if you have a child aged 13 years or under that may want to use any of the Stumble Ltd.
"Agreement"
This refers to and shall mean these Terms and Conditions including “AUP” Acceptable use policy.
"Privacy policy"
Please note the following privacy policy can be found via the link below and should be read by all members as it contains the privacy statement of Stumble Ltd.
"A.U.P"
Acceptable use policy, this should be read by all members and will help keep your account within the rules of the site and apps, failure to read this could result in your account being suspended for breaching the rules, please read article 8 (AUP)
"Abuse"
Stumble Ltd take this very seriously, please read article 5 Abuse and article 8 AUP.
"Service/Services”
This refers to the entirety of the Services available to you via our “Stumble Apps” and our Members.
"Free Services"
Free services are granted to all members in exchange for seeing ads; see members and ads below.
"Member/Members"
This refers to any or all valid registered users of our Service. (Members using the Stumble apps on mobile devices or computers).
"Ads"
Full free service is granted to members in direct exchange of seeing adverts on the service.
"Member Content"
Member content refers to the information contained in the Member's profile, created by the Member and displayed on our apps on the members device.
"Encryption"
Encryption is the most effective way to achieve data security; Stumble Ltd uses end to end encryption.
"Picture Content"
Picture content refers to pictures uploaded to the service via website or app, this content is restricted by type; Stumble Ltd is a worldwide based company, as a direct result content is basically limited due to the complex variety of the different ages of consent, therefor explicit pictures (pornography) and violent or racist scenes are barred from the profile pages of the site, Please read the A.U.P.
"Android/IOS/Windows apps"
Apps available for the services provided by "us", Stumble Ltd, branded as Stumble, for use of our services provided only.
“us, we and our”
These terms refer to the brand owned and operated by Stumble Ltd for the purposes of this Agreement, (Stumble).
"If/Then"
The terms "if" and "then" are used by "us" throughout these terms & conditions, AUP and privacy statement, meaning that should the word "if" be used, it will ultimately result in the word "then" following, (example) if a member breaks the terms of service, then it could result in that members account being suspended.
"Suspension"
The suspension of service can occur for a number of reasons, breaking the AUP can be one of the main causes, a suspended user can appeal against a suspension by contacting ([email protected]) this is the only contact open for suspended users, please read the AUP.
Article 2 Registration:
Stumble Ltd is an age restricted service, to become a Member you must be at least thirteen (13) years of age or have parental consent in writing. Membership is obtained by joining the service or by using one of our apps.
You should not have been convicted of any offense, or subject to any court order, relating to assault, violence, child abuse, sexual misconduct or harassment. You are advised that a breach of this clause constitutes a serious breach of this Agreement; as a result your account may be suspended or closed.
It is highly recommended that you DO NOT sign up on behalf of a friend; however, friends can be invited to join the service
Article 3 the use of the Services:
We highly value the security of our members information, Password(s) and any other information used to identify a Member are strictly private and confidential and must not be passed on or shared by you the member with any third parties under any circumstances, Stumble Ltd may in some circumstances forward a members information if said member is in breach of these terms and conditions.
To access the Services you will need a computer, laptop and or smart mobile phone/tablet. It is your responsibility to ensure that you have (and continue to have) one of these devices including the cost of using these devices, including usable data package provided by your internet provider.
We may deactivate accounts of Members who have not used the Services for six months or more and for whom no pass remains valid. Members will be notified before such action takes place.
Article 4 Your Safety and Security:
Stumble Ltd do here by state that although we do not share members profile information with third party internet based sites; we do fully support and will aid police forces in their implementation of “Sarah’s Law & Clare’s Law” as per the “AUP” (Use of service) in these terms and conditions; members knowingly filling in the forms for this site in a misleading manner will be removed permanently as per Article 9, paragraphs 3-4.
We ask our members to be honest with their profile information, not just with themselves but also with other members: we cannot guarantee that all profile information is correct, as a Member you are advised not to assume that any Member Content is accurate. A person may not be who he or she claims to be. You should at all times exercise the same caution you would normally when you meet people. We cannot be liable for false or misleading statements by Members.
Stumble Ltd, uses end to end encryption and is a communications proxy, all and any information sent across our services, apps etc. can only be read by the parties sending and receiving said information, we can in no way read said encrypted information. We do keep members details secure, however we will pass on user details to authorities should they be requested by law.
As a Member; you at all times remain solely responsible (and liable) for the use of your identification information by third parties or for the actions or statements made through your Member's account, whether these be fraudulent or not, as the provider of this service Stumble Ltd will not share your information to third parties.
It is important for you to understand that Stumble Ltd cannot advise on or broker marriage or long term relationships of any description social or otherwise; the onus still remains on you to decide who is right for you to communicate with; we just provide the options and tools to aid you in your endeavour. We do not hold any contractual obligation either moral or ethical responsibility or the technical means to: verify the identity of persons who register as Members or use our Services.
You are responsible for the acts or omissions of any third parties who use your identification information or account, whether fraudulent or not. You agree to indemnify us against any claims of this kind. For the avoidance of all doubt; we shall not be liable if your identity is used by someone else.
If you feel or suspect that there has been a breach of any kind, no matter how small, of your account and or the information displayed on your profile then you must immediately notify us. As a security standard you should also amend your password.
If arranging to meet another person through use of the Services, you must always take the appropriate precautions and should never go alone or without telling someone where you are. Any face to face or similar type meetings are at your own risk and are not our responsibility.
Article 5 Abuse:
Stumble is open to members around the world from the age of 13 years old, as a direct result of bullying across many platforms, Stumble takes this matter very seriously and ask our members to come forward and let us know if this happens on any of our services, Stumble has in place a specific channel for such abuse, this should be used in all cases: [email protected] all emails received at this address are treated with full privacy and in confidence, the user reporting abuse will not be disclosed at any time as per data protection act 1998, & GDPR.
See (AUP) article 8 section 3.
Article 6 Member Content:
Stumble is a private domain and we keep member content as private as possible, content and information sent between members is kept private and can only be seen by the registered users between whom the information is flowing.
For the avoidance of all doubt, you the member are in control of your information sent; it is your decision as to which information to publish or send as member content as per our (AUP) and therefor Stumble Ltd cannot be held liable for any misuse thereof by any other user or third party.
The information supplied by members must be accurate and conform to the reality of you the member. The consequences of disclosing information on the life of the Member or of other Members are the sole responsibility of the Member concerned.
Consequently, he/she waives all recourse against Stumble Ltd, notably on the basis of any possible damage to the Member's right to his/her image, the Member's honour and reputation, or the Member's privacy, resulting from the dissemination or revelation of information concerning the Member under the conditions foreseen by this agreement since the Member has given his/her prior, free and express consent to such revelation through his/her registering with the Service and in application of this Agreement.
We reserve the right not to accept or to suspend or remove from our Services all or part of any profile, personal ad or any other Member Content for any reason we deem fit as per the (AUP). We are in no way liable for Member Content or other activities of Members which may breach the rights of other Users or third parties.
Members are however, urged to notify us of any inappropriate Member Content. You acknowledge that such notification may take place and that we may take steps outlined in this Agreement in respect of such information which comes to our attention.
Article 7 Fraudulent use:
Fraudulent use of the service by a member will result in the said members account being suspended and fore mentioned information being forwarded to their local and international authorities, any information available to Stumble Ltd, this happens in all instances.
Article 8 Acceptable use policy (AUP):
The following is the Stumble Acceptable Use Policy (“AUP”). By using Stumble Ltd (“Services”), you agree to comply with this AUP. Stumble Ltd reserves the right to amend this AUP at any time, with or without notice to you. Stumble Ltd agrees to post any changes to this AUP on the Stumble Homepage (located at: stumble.app) and you agree to periodically review this AUP as modified from time to time. You agree to be bound to this AUP, as modified from time to time, every time you use or access the Services. You affirm that you have read this Policy and understand, agree and consent to its terms and conditions.
Pursuant to your Membership Agreement, Stumble Ltd may, at its sole discretion, immediately terminate your access to the Services if your conduct violates (or appears to violate) the AUP.
No Unlawful or Prohibited Use (AUP)
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or otherwise prohibited by this AUP. You may not use the Services in any manner that could damage, disable, overburden, or otherwise impair any of the Services offered by Stumble Ltd, or interfere with any other party’s use and enjoyment of any of our Services. You may not attempt to gain unauthorized access to any Service, other accounts, computer systems or networks connected to our network through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Use of Services (AUP)
The Services are designed to enable you to communicate with others via the Internet. You agree to use the Services only to post, send and receive messages and material that is proper and, when applicable, related to the particular Service. By way of example, and not as a limitation, you agree that when you are using the Service, you will not:
Stumble Ltd reserves the right at all times to disclose any information as Stumble Ltd deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Stumble Ltd.’s sole discretion.
Stumble Ltd does not control or endorse the content, messages or information found in any members profile and, therefore, Stumble Ltd specifically disclaims any liability with regard to any actions resulting from your participation in our Services.
Materials provided to Stumble For Posting.
Stumble Ltd does not claim ownership of the materials you post, upload, input or submit to our Service (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting Stumble Ltd permission to use your Submission in connection with your profile, including, without limitation, the license rights to do so, However; Stumble Ltd will not share your information on or to any other third party sites or companies as per the data protection act 1998.
No compensation will be paid with respect to the use of your Submission, as provided herein. Stumble Ltd is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this AUP, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.]
Article 9 Termination:
Members may at any time and without the need to provide any reasons end his/her registration with us by requesting the closure of his/her account by deleting their account and removing the app from their device.
Without prejudice to the other provisions hereof, where the Member commits a serious breach, we will terminate the Member's account without prior notification or warning. Such termination shall have the same effects as a termination by the Member.
Without prejudice to the other provisions hereof, where the Member commits a serious breach of the terms and conditions, we will terminate the Member's account seven (7) days after having sent to the Member an email requesting unsuccessfully that he or she comply with these Terms of Use.
Such termination shall take effect without prejudice to any damages that we might claim from the Member or his/her beneficiaries and legal representatives, in compensation of the harm suffered as a result of such breaches.
The Member will be informed by whatever means are open to us, of the termination, or the confirmation of the termination, of his/her account. Data relating to the Member will be destroyed at his/her request as per article 1 “member Content “or upon expiration of the legal time period following the termination of the Member's account.
Suspended members information will remain on record and any subsequent account opened by that member will also be suspended.
As noted in herein, Members can subscribe to a smartphone application. Smartphone applications can be provided by other service providers and therefore may be subject to other termination requirements and provisions. Members are urged to consult their Smartphone application for full details, terms and conditions.
Breach of any part of the “Acceptable use policy (AUP)”, will ultimately result in a members account being terminated, in this case there is no recourse of any description, breach of the AUP may also be interpreted as an act of fraud or deception and will be reported to the proper authorities.
Article 10 Intellectual Property:
The trademark (Stumble) the logos, graphics and texts featured on the website and apps are the intellectual property of Stumble Ltd and may not be reproduced, used or represented without the express permission (in writing) to Stumble Ltd, under threat of legal action, please read “AUP”.
The rights of use granted by ourselves to our Members are strictly limited to accessing, downloading, printing and reproduction on all media (disk drives etc.) and the use of these documents for private and personal purposes in the scope of and for the duration of the Member's membership. Any other use by the Member is prohibited without the express authorisation (in writing) of Stumble Ltd. Please read the “AUP”.
In particular, the Member is prohibited from modifying, copying, reproducing, disseminating, transmitting, exploiting for commercial gain and/or distributing in any form whatsoever the Services, from all of our website pages or software codes for elements comprising of the or any element of Services or website.
Article 11 Indemnity:
By joining Stumble (Using the service, apps etc.) you agree to indemnify us (including our directors, officers, employees, subcontractors and agents) against all third party claims and liabilities related to your breach of this agreement and/or to your use of the Services.
Article 12 Liabilities and Warranties:
This section (and any other clause excluding or restricting our liability) applies to our directors, officers, employees, and agents (who may enforce this clause under the Contracts (Rights of Third Parties) Act 1999) as well as to us.
Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited (including that which may not be excluded or limited pursuant to the Data Protection Act 1998).
You must give us a reasonable opportunity and time period to remedy any matter for which we are liable before you incur any costs remedying the matter yourself. If you do not, we shall have no liability to you for that matter.
We shall not be liable for any damage to a Member caused or contributed to by that Member, for example; by not complying with this Agreement.
Our liability of any kind (including our own negligence) with respect to the Services for any one event or series of related events is limited to five times the total fees payable by you in the 12 months before the event(s) Note Stumble is a free service.
Subject to the foregoing, in no event (including our own negligence) will we be liable for any: economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); loss of goodwill or reputation; special, indirect or consequential losses; or and damage to or loss of data (even if we have been advised of the possibility of such losses).
Article 13 Functioning of the website and Services:
To use the Services, the Member must have the necessary hardware equipment and software and the necessary parameters required to properly use the website, apps etc. including access to the internet. Members are also advised that plugins may affect the service and so, JavaScript functions should be enabled, cookies also enabled as well as pop-ups enabled.
The Member must have the skills, hardware and software required to use the Internet or, as appropriate, Internet and telephone Services in place, and acknowledges that the characteristics and constraints of the Internet mean that the security, availability and integrity of Internet data transmissions cannot be guaranteed.
We do not guarantee that the Services will function if the Member activates a pop-up killing tool. In this case, the function should be deactivated before using the service as per paragraph 1 of this article.
We do not guarantee that the Services will be usable if the Member's internet service provider is unable to provide its services properly. In this context, we cannot be held responsible for the non-functioning, unavailability or adverse conditions of usage of the website, apps etc. resulting from incorrect hardware, problems experienced by the Member's internet service provider or blockages on the Internet networks or for all other reasons outside of our control. Members may encounter problems making our sites function properly on various browsers due to compatibility. Mobile device applications are only available to our Members in possession of the mobile device and internet access and data plan is required.
Some of the features on our apps i.e. video chat, will require (if used on a computer) a microphone and webcam, live chat will require a microphone; these items are not supplied by Stumble Ltd and is the members responsibility to have the correct hardware and software to use our apps on a computer.
Under these conditions, we do not guarantee that the Services shall function without interruption or error. In particular, the use of our website may be interrupted at any time for the purposes of maintenance, updates or technical improvements, or to develop its content and/or presentation. Whenever possible, Members will be given notification via the Stumble forums or homepage prior to maintenance work or updates.
Article 14 Third party websites:
Stumble Ltd is not responsible for any actions that would apply as a third party interaction taken between a member and any third party company. Stumble Ltd does not share members information with third parties and are not responsible for members actions or interactions with such sites or companies, members use third parties at their own risk, entering information on third party sites is not recommended by Stumble Ltd, and therefore Stumble Ltd is not liable for the loss of data or information incurred by such actions taken by members.
If a third party causes any issues that affects our service to you the member which is beyond our control, Stumble Ltd are not responsible for any service related issues.
If a third party fails in some form of manner, Stumble Ltd is not responsible for service related issues.
If a third party gains ultimate control over the service that we provide you, Stumble Ltd are not responsible for any service related issues, but may terminate your service based upon breach of our “AUP”
If any service related issues do occur of which the issue is directly caused by third party interaction, you are not entitled to a refund in any such way as Stumble Ltd cannot and will not be held responsible or liable for member’s actions on third party sites or companies, as per article 9.
Stumble is a free service!
Article 15 Entire Agreement:
This Agreement and the pages on this website to which these terms refer including the “AUP”, constitute a contract that governs the relationship between the Member and Stumble Ltd, and constitute the entirety of the rights and obligations of the members and ourselves.
Members should read in full the terms and conditions along with the Acceptable use policy (AUP) held within, on joining our app Stumble (or the using of said app) you the member agree to these terms and conditions in their entirety, failure to read the terms and conditions is not in any way shape or form, grounds for a member to claim a get out clause, in all cases without exception, members are responsible for reading these terms.
If any of the provisions of these Terms and conditions or “AUP” is declared void in application of a law, a regulation, or a final decision of a court having proper jurisdiction, all other provisions shall remain fully in effect. Failure by a Party to take action in respect of the breach by the other Party of any provisions of these Terms and conditions or “AUP”, shall not be interpreted as constituting a waiver by said first Party of the right to take action in future in respect of such a breach.
Article 16 Personal privacy and protection of Member data:
We uphold the strictest of standards with respect to protection of privacy and of personal information supplied by members and have tried to be as transparent as possible, please see our Privacy Policy for full details and feel free to look over the guidelines we follow and adhere to via the link below.
Data protection Act 1998: https://www.legislation.gov.uk/ukpga/1998/29/data.pdf
Article 17 Policy Changes:
We may at any time modify these Terms and Conditions and “AUP”. The Member will be informed of the nature of these modifications as soon as they are posted on the website and before if possible. The modifications shall take effect during the time period stated on the day of being posted on the website (normally within 30 days).
For Members registering after any modifications have been posted online, these modifications shall be immediately applied, as the Member will have expressly accepted them when the account was opened, (by filling in the membership form or joining the Stumble service).
Article 18 Jurisdiction and Applicable Law:
Global sanctions policy: The Company will adhere to any current or future global sanctions policy as a matter of course. Stumble will also have no trading in the following countries; Iran, Sudan, North Korea, Syria, Cuba, Belarus, Zimbabwe or Myanmar (Burma) and also the Crimea/ Sebastopol regions, to include any countries or regions currently excluded by Google Inc.
As Stumble Ltd is registered in England And Wales, this contract shall be governed by English law and any disputes will be decided only by the English courts.
Article 19 (C.O.P.P.A.) Parental consent:
Knowing what your young child may be doing across the many internet based platforms can be a daunting experience COPPA is a small step in helping your child be more protected whilst using any app etc. that shares information.
Stumble Ltd does NOT share personal information, however we cannot be held responsible for what your child may share on their own account it is for this reason that you the parent must give permission via signed email to the address below.
Emails to this address are for permissions only and should be sent before your child registers, emails should include both, your user name and your Childs full name, age and email address.
It is in yours and your Childs best interests to complete a parental consent email.