Our terms and conditions

Last updated: 18/01/2022

Introduction

These Terms and Conditions constitute a legally-binding agreement between you and Instoneville Limited (Shreem). This agreement governs your use of information, text, images, media, and data provided through https://www.theshreem.co/, https://blog.theshreem.co/, and any other official platform belonging to Instoneville Limited, as well as all software, code, and elements which form part of https://www.theshreem.co/ and https://blog.theshreem.co/. By using our Service (such as by visiting https://www.theshreem.co/), you agree to be bound by Section A of these terms ("General Terms"), which apply to all users of our Service. By registering an account, you agree to be bound by Section B of these terms ("Additional Terms").

Definitions

For the purposes of this document, "Instoneville Limited" refers to the UK-registered company which owns and operates the platform. For the remainder of this document, the company will be referred to as "us", "we", "our", "the Company", or "Shreem". The service we provide under the Shreem name, available at https://www.theshreem.co/ and https://blog.theshreem.co/, shall be referred to as "the Service". "Content" or "Your Content" refers to any text, information, artistic works, or other media posted to or uploaded to the Service by registered users.

Intended Use

The Service is intended as a platform for artists, creatives, and any skilled individual or professional in the creative industry to showcase their work, find others with relevant skills, communicate and collaborate, share resources, and ultimately sell their work on the Service. It functions both as a resource for collaboration and as a marketplace to sell and buy work. The Service functions on a "freemium" basis, where some features are only available to users who pay for a subscription.

Explanation

While we are not required to provide an explanation for the clauses in this document, we find it makes for a better user experience if you can understand why certain decisions are made and why we reserve certain legal rights. These explanations are provided in blockquotes underneath each clause, and are not themselves legally-binding.

Section A: General Terms

1. Availability

This Service is provided on an "AS IS" and "AS AVAILABLE" basis, and we reserve the right to modify, suspend, or discontinue the Service at our sole discretion, at any time and without notice. You agree that Shreem is and may not be liable to you for any modification, suspension, or discontinuance of the Service.

We reserve this right so that we can more easily make updates and changes to the platform, and so we aren't legally liable if the Service is ever inaccessible due to technical malfunctions. We will generally try to notify you whenever the Service is down or we make a change, where possible.

2. Privacy

Our policies regarding data protection, privacy, and cookies are laid out in our Privacy Policy. The terms of Shreem's Privacy Policy are incorporated into, and form a part of, these Terms.

Privacy is one of our main concerns. As well as following UK laws and regulations, such as GDPR, we try to take every reasonable measure to protect your personal data, and carefully scrutinise any instance where we have to store or share your data to ensure that it is both neccessary and secure. Aside from ethical concerns, any leakage of personal data would be disastrous for our platform and our credibility with you, the user, so you can be assured that data privacy is a high priority for us.

Most importantly, we do not and will never, under any circumstances, sell your data to anyone.

3. Trademarks

All brands, product and Service names used in this Service which identify Shreem or third parties and their products and Services are proprietary marks of the Company and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Shreem or any third party with respect to any such image, logo, or name.

4. Copyright

Shreem is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. Individuals who have posted, created, or presented works via the Service are either the copyright-owners of the component parts of that work, or are posting the work under license from a copyright owner or their agent or otherwise, as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the content, including any such works, without the written consent of Shreem and/or the appropiate owner of copyright in such works. Shreem does not claim ownership rights in your works or other materials posted by you to the Service (Your Content). You agree not to distribute any part of the Service other than Your Content in any medium other than as permitted in these Terms and Conditions or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functions on the Service provided by us.

5. Reporting Copyright Violations

Shreem respects the intellectual property rights of others and expects users of the Service to do the same. At Shreem's discretion, and in appropriate circumstances, Shreem may remove Your Content submitted to the Site, terminate the accounts of users, or prevent access to the Service by users who infringe the intellectual property rights of others. If you believe the copyright in your work or in the work for which you act as an agent has been infringed through this Service, please contact us at hello@theshreem.co, using the phrase "COPYRIGHT VIOLATION" in your subject line. We ask that you include the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Service provider to locate the material.
  • Information reasonably sufficient to permit the Service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner.

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We maintain our intellectual property rights and those of our users under law so that both we and they can continue to make a profit. If we did not do this, anyone could use our brand assets or proprietary software, or (even worse) steal or plagiarise the work of artists who use our platform.

6. External Links

Shreem may provide links to third-party websites or resources. You acknowledge and agree that Shreem is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or Services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Shreem of such websites or resources or the Content, products, or Services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Shreem cannot vouch or provide a warning for every single external link that may appear on our platform, and so we need to protect ourselves from legal liability. Where possible, we will always try and avoid linking to untrue, offensive, and/or potentially-triggering material without providing a disclaimer.

7. Conduct

You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to Shreem that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. Shreem does not endorse any content placed on the Service by third parties or any opinions or advice contained in such content. You agree to defend, indemnify, and hold harmless Shreem, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.

In order to ensure that our platform remains a safe and civil environment, we require users and visitors to follow basic rules of conduct. At a minimum, we require and expect all users and visitors to not interfere with the intended function of the platform (see above) or to make the platform difficult or unpleasant to use for anyone else.

8. Disclaimer of Warranty and Limitation of Liability

SHREEM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE Service. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Service IS AT YOUR SOLE RISK. SHREEM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. SHREEM MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS Service. YOU SPECIFICALLY ACKNOWLEDGE THAT SHREEM IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, SHREEM SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF SHREEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL SHREEM'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO SHREEM PURSUANT TO THIS AGREEMENT.

This part of the agreement is designed to protect us from legal liability for abuses of our Service. Since we cannot completely control all uses of our Service, we must protect ourselves from legal harm. This does not mean that we condone such abuses, and we will endeavour to correct, prevent, or remove them to the best of our abilities.

9. Amendment of the Terms

We reserve the right to amend these Terms from time to time in our sole discretion. If you have registered as a member or signed up to our mailing list, we shall notify you of any material changes to these Terms (and the effective date of such changes) by sending an email to the address you have provided to Shreem for your account. For all other users, we will post the revised terms on the Site. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.

We may need to update these Terms and Conditions from time-to-time, and we like to keep everyone informed of such changes. However, there just isn't a mechanism to actively notify users of our Service who aren't signed up to our mailing list or don't have an account. As a result, we have to put the legal responsibility for keeping up-to-date with the end user, otherwise we may be liable for people not being informed.

10. General

These Terms constitute the entire agreement between Shreem and you with respect to your use of the Service. Shreem's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. Shreem shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of Shreem. These Terms shall be governed by and construed in accordance with the laws of the United Kingdom. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the United Kingdom.

This part of the agreement just serves to establish the legal responsibilities and jurisprudence of these terms.

11. Further Terms

Registered users of the Service may apply terms or agreements governing the purchase or use of their own Content. Such terms may add to, but do not supersede, the terms laid out in this document. By using or purchasing works from Shreem, you agree to be bound by any such terms that specifically concern them, where reasonable.

Section B: Additional Terms

12. Registration

To register as a member of the Service, you must be 18 years old or or lawfully permitted to enter into and form contracts under applicable law. In no event may minors submit Content to the Service. You agree that the information that you provide to us upon registration, at the time of purchase, and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.

Because of the nature of our Service as a marketplace and platform for professional creatives, we want everyone who makes an account to be a legal adult. We also expect users who make an account to take on responsibility for making sure the details of their account are true and accurate, and making sure that we're able to contact them about anything important.

13. Password

When you register as a member you will be asked to provide a password. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify Shreem of any unauthorized use of your password.

Password protection is a key part of data security. We do everything in our power to keep our users' passwords and other details secure, and ask that you do the same. The last thing we want is for our users' details to be comrpomised.

14. Copyright in Your Content

Shreem does not claim ownership rights in Your Content. For the sole purpose of enabling us to make your Content available through the Service, you grant to Shreem a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform Your Content. Please note that when you upload Content, third parties will be able to copy, distribute and display your Content using readily available tools on their computers for this purpose although other than by linking to your Content on Shreem any use by a third party of your Content could violate part 4 of these Terms and Conditions unless the third party receives permission from you by license.

15. Individual Legal Agreements

You have the right to establish terms, commercial licenses, and other legal agreements concerning any work or Content you post or put up for sale on the platform as a registered user. Shreem will respect such terms where reasonable and where they do not conflict with any such agreements established by Shreem. In all cases, Shreem's Terms and Conditions, Privacy Agreement, and any other such legal agreements supersede any such agreements. Users must agree to abide by any terms when purchasing or using any of Your Content posted on the Service, as per part 11 of this document.

We generally like to leave it to the users of our platform to decide what licenses, terms, etc. they want to apply to their Content, and so this part of the agreement clearly establishes that.

16. Monitoring Content

Shreem has no ability to control the Content you may upload, post or otherwise transmit using the Service and does not have any obligation to monitor such Content for any purpose. You acknowledge that you are solely responsible for all Content and material you upload, post or otherwise transmit using the Service.

Because we do not have the practical ability to monitor every single thing that is uploaded to our Service, we must place the primary responsibility on you (as a registered user) to make sure that the Content doesn't violate any of our rules or requirements, including these Terms and Conditions. If you consistently post Content that violates these Terms, we may be forced to remove you from the platform to protect ourselves or other users, but we'd prefer if it didn't come to that.

17. Conduct

As a registered user of the Service, you agree to conduct yourself in accordance with the following rules. You are responsible for all of Your Content you upload, download, and otherwise copy, distribute and display using the Service. You must have the legal right to copy, distribute and display all parts of any content that you upload, download and otherwise copy, distribute and display. Content provided to you by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by law. You agree not to use the Service: a. for any unlawful purposes; b. to upload, post, or otherwise transmit any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libellous, vulgar, illegal or otherwise objectionable; c. to upload, post, or otherwise transmit any material that infringes any copyright, trade mark, patent or other intellectual property right or any moral right or artist's right of any third party including, but not limited to, Shreem or to facilitate the unlawful distribution of copyrighted content or illegal content; d. to harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13; e. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; f. to upload, post, or otherwise transmit any material which is likely to cause harm to Shreem or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service; g. for any commercial purpose, except as expressly permitted under these Terms; h. to sell access to the Service on any other website or to use the Service on another website for the primary purpose of gaining advertising or subscription revenue other than a personal blog or social network where the primary purpose is to display content from Shreem by hyperlink and not to compete with Shreem.

This part is the main thing to be aware of when you're uploading Content, so make sure you're familiar with these rules. For the most part, these are common sense: as long as what you post isn't pornographic, illegal, etc., you should generally be fine. That said, we'd encourage you to doublecheck before you upload anything so you don't get in trouble.

18. Commercial Activities

Commercial activities mean the offering, solicitation or sale of goods or Services by anyone other than Shreem. Commercial activities with respect to the arts are permitted for registered members acting as individuals, for small corporations or partnerships engaged primarily in art-related activities in which one or more of the principals is a registered member or for those seeking to retain the Services or works of a registered member. Commercial activities in the form of paid advertising on the Service are subject to the terms and conditions relating to the purchase of such advertising. No other commercial activities are permitted on or through the Service without Shreem's written approval. Any interactions with members of the Service with respect to commercial activities including payment for and delivery of goods and/or Services and any terms related to the commercial activities including conditions, warranties or representations and so forth are solely between you and the other member. Part 9, above, of these Terms and Conditions specifically applies with respect to commercial activities.

In general, we do not want our platform to be used for commercial transactions other than those in-keeping with our intended purpose, as that could open the door to users being scammed.

19. Suspension and Termination of Access and Membership

You agree that Shreem may at any time, and without notice, suspend or terminate any part of the Service, or refuse to fulfil any order, or any part of any order or terminate your membership and delete any Content stored on the Service, in Shreem's sole discretion, if you fail to comply with the Terms or applicable law. In order to make sure the Service can continue to function properly, we have to reserve the right to terminate access/membership at our sole discretion. We only take this step when it is neccessary to protect ourselves or our users from harm.

20. Product Purchases From Shreem

From time to time, Shreem may make certain products available for purchase through the Service. All payments are to be made in pounds sterling (£), and prices are subject to change at any time. Postage and applicable sales taxes will be added to your order during the checkout process. Prices do not include any import duties that may be added by the order destination country. Delivery dates are provided as an estimate only. EXCEPT AS EXPRESSLY PROVIDED IN THIS PART 20, ANY PRODUCT PURCHASED THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" BASIS.

These are the rules governing sales of products on our Service, including those being sold by our registered users.