- Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities and Terms of Service (“Statement,” “Terms,” or “SRR”) are based on the Testified principles and our terms of services governs our relationship with our users and others who access and use of our Services, including our various websites, our radio, television program and other electronic media, email notifications, applications, buttons, widgets, advertisements, commerce services (the “Testified Services”), and our other covered services that link to these Terms (collectively, the “Services”), and our brands, products, and any information, images, video, pictures, photos, songs, poetry, testimonies and likeness and/or any interview statements, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”).
By accessing and using the Services you agree to this Statement, as updated from time to time, and confirm that you are fully competent and able to understand these Terms and Conditions of Service before signing it and that there are no medical conditions, physical, intellectual or mental impairments which affect your comprehension and understanding of the Terms and Conditions of Service.
Testified provides a wide range of Services. For that reason, we may ask you to review and accept supplemental terms that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with this SRR, the supplemental terms associated with the app, product, or service govern with respect to your use of such app, product or service to the extent of the conflict.
If you are unsure about your position and the use or access of our Services please seek legal advice before using or accessing the Service.
Your access to and use of the Services are determined by and conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms at all times and any future Terms and Conditions of Testified.
Testified is owned by True Worship Ltd and we use various agents and third parties to assist us in fulfilling our vision without too much costs to you or any legal complications.
- By “Testified” or” Testified Services” we mean the features and services we make available, including through (a) our website and any other Testified branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the Like button, the Share button and other similar offerings; and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. Testified reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR or Terms and Conditions.
- By “Platform” we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Testified 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 Testified.
- By “content” we mean anything you or other users post, provide or share using Testified 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 Testified or provide to Testified through the Platform.
- By “post” we mean post on Testified or otherwise make available by using Testified.
- By “use” we mean use, run, copy, record, publicly perform or display, distribute, modify, translate, and create derivative works of such content, testimony and information.
- By “application” we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
- By “Trademarks” we mean the list of trademarks provided by Testified.
- Basic Terms
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. Most Content you submit, post, or display through the Testified Services is public by default and will be able to be viewed by other users and through the affiliates and agents of Testified and third party services and websites. Therefore, you should only provide Content that you are comfortable sharing with others under these Terms.
You may use the Services only if you can form a binding contract with Testified and are not a person barred from receiving services under the laws of the United Kingdom or other applicable jurisdictions. In case you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorised to do so by the said entity. You may use the Services only in compliance with these Terms and all applicable local, regional, national, and international laws, rules and regulations.
The Services that Testified provides are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, Testified reserve the right to stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally without prior notice if necessary. Testified also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements from us or other entities, which may be targeted to the Content or information on the Services, queries made through the Services, or any other information. The types and extent of advertising by Testified on the Services are subject to change from time to time. Once you access and use the Services, you agree that Testified and its affiliates, agents and other third party providers and partners may at any time in that present moment or in the future, place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
You bear full responsibility for safeguarding the password that you use to access the Services and for any activities or actions under your password. Users often find it helpful to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Testified cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
- Content on the Services
Any Content whether publicly posted or privately transmitted remains under the sole ownership of Testified to be used, edited, revised and altered in any way which Testified sees fit
All Content, whether publicly posted or privately transmitted, whether deemed offensive or controversial, is the sole responsibility of the person who originated such Content, i.e. you bear full responsibility for the Content you submit, display and post to Testified. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content except in cases where we have edited or revised the Content and published it on our electronic media forum. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
Testified does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You agree that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. You accept that under no circumstances will Testified be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere except in cases where Testified has edited or revised the Content and published it on its electronic media forum.
In addition to the above:
- For content that is covered by intellectual property rights, like photos and videos and the like (IP content), you specifically give Testified the following permission, subject to your privacy and application settings: you grant Testified a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Testified (IP License). This IP License usually ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it or it is in accordance with the consent form you signed.
- When you delete IP content, it is removed in the similar way to deleting content into the recycle bin icon on your computer. However, you must understand that removed content may persist in backup copies for a reasonable period of time (but will not usually be available to others).
- When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
- When you publish content or information using the Public setting, it means that you are allowing everyone, including users of Testified, to access and use that information, and to associate it with you (i.e., your name and profile picture).
- Testified encourage your feedback or other suggestions about Testified, but you must appreciate that that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
- Your Rights
You do not retain any rights to any Content once you have submitted, posted or displayed on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, right and royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). This license in essence is you giving us the authorisation to make your Content on the Testified Services available to the rest of the world and to let others do the same.
You confirm and agree that this license includes the right for Testified to provide, promote, and improve the Services and to make Content submitted and posted to or displayed through the Services available to other companies, organisations or individuals who partner with Testified for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Any such or further additional uses by Testified, or other companies, organisations or individuals who partner with Testified, may be made with no compensation or remuneration paid to you at any time in the present or in the future with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various electronic media and non-electronic media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You accept that your Content may be syndicated, broadcast, distributed, or published by our partners. If you do not have the right to submit Content for such use, then you are advised not to submit it. If you submit any Content for which you have no authorisation to submit you do so at your own risk and you may be subject to liability. Testified will not be responsible or liable for any use of your Content by Testified in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to submit any Content that you post or submit.
- Your License To Use the Services
Testified has given you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Testified as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Testified, in accordance with these Terms.
9. Testified Rights
All rights, title, and interest in and to the Services (including Content provided by users) are and will remain the exclusive property of Testified and its licensors. The Services are protected by copyright, trademark, and other laws of both the United Kingdom and international jurisdictions. Nothing in the Terms gives you a right to use the Testified name or any of the Testified trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions the user may provide regarding Testified, or the Services is entirely voluntary and Testified has full liberty to use such feedback, comments or suggestions as we see fit and without any obligation to the user.
- Restrictions on Content and Use of the Services
It is important to better understand what is prohibited on the Testified Services. Testified reserve the right at all times to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. Testified are not under an obligation to do the above and any such action will be taken within the discretion exercised by Testified as and when necessary. Testified also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Testified, its users and the public.
The following are further rules which we expect our users to adhere to. You are prohibited from doing any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Testified’s computer systems, or the technical delivery systems of Testified’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Testified (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Testified (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
We do our best to keep Testified safe, but we cannot always guarantee it. We need your help to keep Testified safe, which includes the following commitments by you. In addition to the above restrictions on Content and use of Service, you agree to do the following:
- You will not post unauthorised commercial communications (such as spam) on Testified.
- You will not collect users’ content or information, or otherwise access Testified, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Testified.
- 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 material; material that incites violence; or contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
- You will not use Testified 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 Testified, such as a denial of service attack or interference with page rendering or other Testified functionality.
- You will not facilitate or encourage any violations of this Statement or our policies.
- Registration and Account Security
Testified users provide their real names and information. We need your help to keep it that way. In order to do that we require the following further commitments from you to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on Testified, 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 your personal timeline primarily for your own commercial gain or use Testified for such purposes.
- You will not use Testified if you are under 13.
- You will keep your contact information accurate and up-to-date.
- You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardise the security of your account.
- You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
If you select a username or similar identifier for your account or Page, 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).
- Copyright Policy
Testified respects the intellectual property rights of other users and organisations and holds the same expectation on the users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to Testified. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorised to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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 us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorised to act on behalf of the copyright owner.
Testified reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Testified will also terminate a user’s account if the user is determined to be a repeat infringer.
- Protecting Other People’s Rights
Testified respects the rights of other users, and expect you to do the same.
- You will not post content or take any action on Testified that infringes or violates someone else’s rights or otherwise violates the law.
- We can remove any content or information you post on Testified 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 as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
- You will not post anyone’s identification documents or sensitive financial information on Testified.
- You will not tag users or send email invitations to non-users without their consent.
- 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 Testified within 48 hours or 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 (including through an application) their devices with any information that is visible to them on Testified.
- Special Provisions Applicable to Developers/Operators of Applications and Websites
If you are a developer or operator of a Platform application or website or if you use Social Plugins, you must comply with the Testified Platform Policy.
- Advertisements and Other Commercial Content Served or Enhanced by Testified
The aim of Testified 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:
17.1 You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) 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.
17.2 You understand that we may not always identify paid services and communications as such.
- Special Provisions Applicable to Advertisers
If you use our self-service advertising creation interfaces for creation, submission and/or delivery of any advertising or other commercial or sponsored activity or content (collectively, the “Self-Serve Ad Interfaces”), you agree to our Self-Service Advertisements Terms. In addition, your advertising or other commercial or sponsored activity or content placed on Testified or our publisher network will comply with our Advertising Policies.
- Special Provisions Applicable to Pages
If you create or administer a Page on Testified, or run a promotion or an offer from your Page, you agree to our Pages policy.
- Special Provisions Applicable to Software
- If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
- You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
- Special Provisions Applicable to Users Outside the United Kingdom
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 Testified outside the United Kingdom:
- You consent to having your personal data transferred to and processed in the United Kingdom.
- If you are located in a country embargoed by the United Kingdom, or are on the U.K. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on Testified (such as advertising or payments) or operate a Platform application or website. You will not use Testified if you are prohibited from receiving products, services, or software originating from the United Kingdom.
22. Disclaimers and Limitations of Liability
Please take time to read this section carefully since it limits the liability of Testified and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Testified Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available “AS-IS”
Your access to and use of the Services or any Content are done at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE TESTIFIED ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Testified Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Testified Entities or through the Services, will create any warranty or representation not expressly made herein.
We try to keep Testified, bug-free, and safe, but you use it at your own risk. As stated above we are providing Testified on an AS IS basis without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that Testified will always be safe, secure or error-free or that Testified will always function without disruptions, delays or imperfections.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the Testified Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) 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 the Testified Entities 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.
C. Limitation of Liability
Testified 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. You agree that a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favour at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
To the maximum extent permitted by applicable law, the Testified entities shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any content obtained from the services; or (iv) unauthorised access, use or alteration of your transmissions or content.
As stated above, Testified will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this statement or Testified, even if we have been advised of the possibility of such damages.
In no event shall the aggregate liability of the Testified entities exceed the greater of 50 English pounds (£50.00) or the amount you paid Testified, if any, in the past six months for the services giving rise to the claim, i.e. our aggregate liability arising out of this statement or Testified will not exceed the greater of (£50) or the amount you have paid us in the past six months.
The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise and whether or not the Testified entities have been informed of the possibility of any such damage, and even if a remedy set forth herein are found to have failed of its essential purpose. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Testified’s liability will be limited to the fullest extent permitted by applicable law.
- General Terms
A. Waiver and Severability
The failure of Testified to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or 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.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the United Kingdom, England, without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in England, United Kingdom, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum or jurisdiction.
If you are a federal, state, or local government entity in a foreign jurisdiction to England, United Kingdom and are using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then we recommend you terminate your use of the Services.
If anyone brings a claim against us related to your actions, content or information on Testified, 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 Testified and are not responsible for the content or information users transmit or share on Testified. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Testified. We are not responsible for the conduct, whether online or offline, of any user of Testified.
C. Entire Agreement
We may revise these Terms from time to time; the most current version will always be on the Testified website. If the revision, in our sole discretion, is material we will notify you via an @Testified update or e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
- 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 Site Governance Page.
- Your continued use of the Testified Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
- Further clarification on the above
If you are a resident of or have your principal place of business in the UK or other similar jurisdictions this “Statement and Terms and Conditions” is an agreement between you and Testified and True Worship Ltd. Otherwise, If you are a resident of or have your principal place of business in the US or Canada, this “Statement and Terms and Conditions” is an agreement between you and Testified, Inc.
- References to “us,” “we,” and “our” mean either Testified Limited or Testified, Inc. as appropriate.
- This “Statement and Terms and Conditions” makes up the entire agreement between the parties regarding Testified, and supersedes any prior agreements.
- If any portion of this “Statement and Terms and Conditions” is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this “Statement and Terms and Conditions”, it will not be considered a waiver.
- Any amendment to or waiver of this “Statement and Terms and Conditions” must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this “Statement and Terms and Conditions” to anyone else without our consent.
- All of our rights and obligations under this “Statement and Terms and Conditions” 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 and Terms and Conditions” shall prevent us from complying with the law.
- This “Statement and Terms and Conditions” 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 Testified.
- Ending These Terms
The Terms will continue to apply until terminated by either you or Testified as follows.
You may end your legal agreement with Testified at any time for any or no reason by deactivating your account(s) and discontinuing your use of the Services. You do not need to specifically inform Testified when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity.
Testified may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or our rules or the spirit of the Statement (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. Testified will try to make reasonable efforts to notify you (although not under an obligation to do so) by the email address associated with your account or the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 6, 7, 9, 10, 22, 23 and 26.
Nothing in this section shall affect Testified’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1, 2, 3 and 4.
Effective: Monday 11th April 2016
The Services provided by Testified instantly connects people everywhere around the world to what they value and appreciated the most. Any registered user of the Testified Services can send any form of communication to Testified that is public by default and can include other content like images, video, pictures, photos, songs, poetry, testimony and likeness and/or any interview statements and links to other websites. The testimony you provide to Testified will be viewed all around the world.
You control and are responsible for the information you provide in your testimony and other content you submit through the Services, as provided in the Terms of Service and rules of Testified.
Irrespective of which country you live in, you authorise Testified to use your information in, and as a result to transfer it to and store it in, the United Kingdom, and any other country where Testified operates. Privacy and data protection laws in some of these countries may vary from the laws in the country where you live.
Information Collection and Use
Testified collect and use your information below to provide our Services and to measure and improve them over time.
- Basic Account Information
When you create or reconfigure an account, you provide some personal information, such as your name, username, password, email address, or phone number. On the Testified Services, your name and username are listed publicly, including on your profile page and in search results, and you can use either your real name or a pseudonym. Some Testified Services, such as searching and viewing public user profiles, may not require registration.
We collect the content and other information you provide when you use our Services, including when you sign up for an account, create or share, and message or communicate with others. This can include information in or about the content you provide, such as the location of a photo or the date a file was created. We also collect information about how you use our Services, such as the types of content you view or engage with or the frequency and duration of your activities.
- Things others do and information they provide.
We also collect content and information that other people provide when they use our Services, including information about you, such as when they share a photo of you, send a message to you, or upload, sync or import your contact information.
- Your networks and connections.
We collect information about the people and groups you are connected to and how you interact with them, such as the people you communicate with the most or the groups you like to share with. We also collect contact information you provide if you upload, sync or import this information (such as an address book) from a device.
- Contact Information
You may use your contact information, such as your email address or phone number, to customise your account or enable Services, for example, for login verification, Testified via SMS or Digits by Testified. If you provide Testified with your phone number, you agree to receive text messages to that number from Testified. When you use Digits by Testified to sign up for or login to a third-party application, you are directing Testified to share your contact information, such as your phone number, with that application. Testified may use your contact information to send you information about our Services, to market to you, to help prevent spam, fraud, or abuse, and to help others find your account, including through third-party services and client applications. You may use your settings for email and mobile notifications to control notifications you receive from the Testified Services. You may also unsubscribe from a notification by following the instructions contained within the notification or the instructions on our website. Your privacy settings control whether others can find you on the Testified Services by your email address or phone number.
- Device information
We collect information from or about the computers, phones, or other devices where you install or access our Services, depending on the permissions you’ve granted. We may associate the information we collect from your different devices, which helps us provide consistent Services across your devices. Here are some examples of the device information we collect:
- Attributes such as the operating system, hardware version, device settings, file and software names and types, battery and signal strength, and device identifiers.
- Device locations, including specific geographic locations, such as through GPS, Bluetooth, or Wi-Fi signals.
- Connection information such as the name of your mobile operator or ISP, browser type, language and time zone, mobile phone number and IP address.
- Additional Information
You may provide us with profile information to make public on the Testified Services, such as a short biography, your location, your website, date of birth, or a picture. There are certain profile information fields that Testified will provide you with visibility settings to select who can see this information in your profile. If you provide us with profile information and you don’t see a visibility setting, that information is public. You may choose to upload and sync your address book so that we can help you find and connect with users you know or help other users find and connect with you. We may later tailor content, such as making suggestions or showing user accounts and other users based on imported address book contacts. You can delete your imported address book contacts at any time. If you email us, we may keep your message, email address and contact information to respond to your request. If you connect your account on our Services to your account on another service in order to cross-post between our Services and that service, the other service may send us your registration or profile information on that service and other information that you authorise. This information enables cross-posting, helps us improve the Services, and is deleted from our Services within a few months of your disconnecting from our Services your account on the other service. Providing the additional information described in this section is entirely optional.
- Testimonies, Following, Lists and other Public Information
Our Services are primarily designed to help you share your testimony and information with the world. Most of the information you provide us through the Testified Services is information you are asking us to make public. Your public information includes the testimony and information you share; the metadata provided with the testimony and information; the language and time zone associated with your account; and the lists you create, users you follow, any accounts, testimonies or comments you mark as likes or re-shares, and many other bits of information that result from your use of the Testified Services.
We may use this information to make inferences, like what topics you may be interested in, and to customise the content we show you, including advertisements. Our default is almost always to make the information you provide through the Testified Services public for as long as you do not delete it, but in some circumstances we give you settings or features, like direct messages, to make the information more private if you want. In the process of time you will be able to change the language and time zone associated with your account at any time using your account settings.
The Testified Services broadly and instantly disseminate your public information to a wide range of users, customers, and services. For instance, your public user profile information and public testimony and information are immediately delivered via SMS and our APIs to our partners and other third parties, including search engines, developers, and publishers that integrate Testified content into their services, and institutions such as universities and public health agencies that analyse the information for trends and insights. When you share information or content like images, video, photos, pictures, songs, poetry, testimony and likeness and/or any interview statements and links via the Services, you should think carefully about what you are making public.
- Location Information
Testified may receive information about your location. For example, you may choose to publish your location in your testimony and in your Testified profile. You may also tell us your location when you set your trend location on Testified website. We may also determine location by using other data from your device, such as precise location information from GPS, information about wireless networks or cell towers near your mobile device, or your IP address. We may use and store information about your location to provide features of our Services, such as informing us about your location, and to improve and customise the Services, for example, with more relevant content like local trends, stories, advertisements, and suggestions for use to follow.
Testified may keep track of how you interact with links across our Services, including our email notifications, third-party services, and client applications, by redirecting clicks or through other means. We do this to help improve our Services, to provide more relevant advertising, and to be able to share aggregate click statistics such as how many times a particular link was clicked on. Links, testimonies, comments, images, video, pictures, songs, poetry, and likeness and/or any interview statements and direct messages shared on the Services will be processed and links may shortened to a http://t….co link.
- Log Data
When you use our Services, we may receive information (“Log Data”) such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device information (including device and application IDs), search terms, and cookie information. We receive Log Data when you interact with our Services, for example, when you visit our websites, sign into our Services, interact with our email notifications, use your account to authenticate to a third-party website or application, or visit a third-party service that includes a Testified button or widget. We may also receive Log Data when you click on, view or interact with links on our Services, including links to third-party applications, such as when you choose to install another application through Testified. Testified uses Log Data to provide, understand, and improve our Services, to make inferences, like what topics you may be interested in, and to customise the content we show you, including advertisements. If not already done earlier, for example, as provided below for Widget Data, we will either delete Log Data or remove any common account identifiers, such as your username, full IP address, or email address, after a maximum of 18 months.
- Widget Data
We may tailor the Services for you based on your visits to third-party websites that integrate Testified buttons or widgets. When these websites first load our buttons or widgets for display, we receive Log Data that includes the web page you visited and a cookie that identifies your browser (“Widget Data”). After about 10 days or so, and in some occasions more than 10 days, we start the process of deleting, de-identifying, or aggregating Widget Data, which is usually instantaneous but in some cases may take up to a week or more. Testified may use Widget Data to tailor content for you, such as suggestions for users to follow and other content you may be interested in. Tailored content is stored with only browser cookies or device IDs and is separated from other Widget Data such as page-visit information.
- Information from websites and applications that use our Services
We collect information when you visit or use third-party websites and applications that use our Services (like when they offer our Like button or Testified Login or use our measurement and advertising services). This includes information about the websites and apps you visit, your use of our Services on those websites and apps, as well as information the developer or publisher of the app or website provides to you or us.
- Information from third-party partners
We receive information about you and your activities on and off Testified from third-party partners, such as information from a partner when we jointly offer services or from an advertiser about your experiences or interactions with them.
- Testified companies
We receive information about you from companies that are owned or operated by Testified, in accordance with their terms and policies.
- Commerce Services
You may provide your payment information, including your credit or debit card number, card expiration date, last three digits of card security code (CSC), and billing address (collectively, “Payment Information”), along with your shipping address, to complete a commerce transaction through our Services. To facilitate future purchases, we store your Payment Information (excluding CSC code) and shipping address, which you can remove from your account at any time using your account settings. Testified consider your Payment Information and shipping address private and do not make such information public.
Testified collect and store information created by your purchases made through our Services (“Transaction Data”). Transaction Data may include the merchant’s name and the date, time, and amount of the transaction.
- Third-Parties and Affiliates
Testified uses a variety of third-party services to help provide our Services, such as hosting our various blogs and wikis, and to help us understand and improve the use of our Services, such as Google Analytics. These third-party service providers may collect information sent by your device as part of a web page request, such as cookies or your IP address. Third-party advertisements partners may share information with us, like a browser cookie ID, website URL visited, mobile device ID, or cryptographic hash of a common account identifier (such as an email address), to help us measure and tailor advertisements. For example, this allows us to display advertisements about things you may have already shown interest in off of our Services. We may also receive information about you from our corporate affiliates in order to help provide, understand, and improve our Services and our affiliates’ services, including the delivery of ads.
- How we use this information
We are passionate about creating engaging and customised experiences for people. We use all of the information we have to help us provide, improve, develop and support our Services.
We are able to deliver our Services, personalise content, and make suggestions for you by using this information to understand how you use and interact with our Services and the people or things you’re connected to and interested in on and off our Services.
We also use information we have to provide shortcuts and suggestions to you. For example, we are able to suggest that your friend tag you in a picture or testimony by comparing your friend’s pictures to information we’ve put together from your profile pictures and the other photos in which you’ve been tagged. If this feature is enabled for you, you can control whether we suggest that another user tag you in a testimony or photo and the like using the “Timeline and Tagging” settings.
When we have location information, we use it to tailor our Services for you and others, like helping you to check-in and find local events or offers in your area or tell your friends that you are nearby.
We conduct surveys and research, test features in development, and analyse the information we have to evaluate and improve products and services, develop new products or features, and conduct audits and troubleshooting activities.
- Communicate with you
We use your information to send you marketing communications, communicate with you about our Services and let you know about our policies and terms. We also use your information to respond to you when you contact us.
- Show and measure advertisements and services
We use the information we have to improve our advertising and measurement systems so we can show you relevant advertisements on and off our Services and measure the effectiveness and reach of advertisement and services.
- Promote safety and security
We use the information we have to help verify accounts and activity, and to promote safety and security on and off of our Services, such as by investigating suspicious activity or violations of our terms or policies. We work hard to protect your account using teams of engineers, automated systems, and advanced technology such as encryption and machine learning. We also offer easy-to-use security tools that add an extra layer of security to your account.
Information Sharing and Disclosure
Testified does not disclose your private personal information except in the limited circumstances described below or as stated in the consent agreement.
- Sharing On Our Services
People use our Services to connect and share with others. We make this possible by sharing your information in a number of ways:
Public information is any information you share with a public audience, as well as information in your Public profile or content you share on a Testified Page or another public forum. Public information is available to anyone on or off our Services and can be seen or accessed through online search engines, APIs, and offline media, such as on TV.
In some cases, people you share and communicate with may download or re-share this content with others on and off our Services. When you comment on another person’s post or like their content on Testified, that person decides the audience who can see your comment or like. If their audience is public, your comment will also be public.
- People that see content others share about you
Other people may use our Services to share content about you with the audience they choose. For example, people may share a photo or testimony of you, mention or tag you at a location in a post, or share information about you that you shared with them. If you have concerns with someone’s post, social reporting is a way for people to quickly and easily ask for help from someone they trust.
- Apps, websites and third-party integrations on or using our Services.
When you use third-party apps, websites or other services that use, or are integrated with, our Services, they may receive information about what you post or share. In addition, when you download or use such third-party services, they can access your public profile, which includes your username or user ID, your age range and country/language, your list of friends, as well as any information that you share with them. Information collected by these apps, websites or integrated services is subject to their own terms and policies.
- User Consent or Direction
Testified may share or disclose your information at with or without your direction, such as when you authorise a third-party web client or application to access your account. Other users may share or disclose information about you, such as when they mention you, share a testimony, photo or similar content of you, or tag you in a testimony, photo or similar content, etc. Your privacy settings control who can tag you in a testimony, photo or similar content on the Testified Services. If you have shared information, like direct messages or protected information, with another user who accesses the Testified Services through a third-party service, please bear in mind that the information may be shared with the third-party service.
- Service Providers
- Sharing With Third-Party Partners and Customers
We work with third party companies who help us provide and improve our Services or who use advertising or related products, which makes it possible to operate our companies and provide free services to people around the world.
Here are the types of third parties we can share information with about you:
Advertising, Measurement and Analytics Services (Non-Personally Identifiable Information Only). We want our advertising to be as relevant and interesting as the other information you find on our Services. With this in mind, we use all of the information we have about you to show you relevant advertisements. We do not share information that personally identifies you (personally identifiable information is information like name or email address that can by itself be used to contact you or identifies who you are) with advertising, measurement or analytics partners unless you give us permission.
We may provide these partners with information about the reach and effectiveness of their advertising without providing information that personally identifies you, or if we have aggregated the information so that it does not personally identify you. For example, we may tell an advertiser how its advertisements performed, or how many people viewed their advertisements or installed an app after seeing an advertisement, or provide non-personally identifying demographic information (such as 45 year old male, in Texas, who likes virtual reality applications) to these partners to help them understand their audience or customers, but only after the advertiser has agreed to abide by our advertiser guidelines.
- Vendors, service providers and other partners
We transfer information to vendors, service providers, and other partners who globally support our business, such as providing technical infrastructure services, analysing how our Services are used, measuring the effectiveness of advertisements and services, providing customer service, facilitating payments, or conducting academic research and surveys. These partners must adhere to strict confidentiality obligations in a way that is consistent with this Data Policy and the agreements we enter into with them.
- Commerce Transactions
If you make a payment as part of a commerce transaction through Testified Services, we may provide the seller, commerce provider, marketplace, or charity with your name, email address, shipping address, Payment Information and Transaction Data to facilitate payment processing, order fulfilment, and dispute resolution (including payment and shipping disputes) and to help prevent, detect, and investigate fraud or other prohibited activities. We advise you to please refer to these third parties’ privacy policies for information about their privacy practices.
- Law and Harm
We may access, preserve and share your information in response to a legal request (like a search warrant, court order or summons) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United Kingdom where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognised standards.
We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; or to prevent death or imminent bodily harm. For example, we may provide information to third-party partners about the reliability of your account to prevent fraud and abuse on and off our Services.
Information we receive about you, including financial transaction data related to purchases made with Testified, may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm. We also may retain information from accounts disabled for violations of our terms for at least a year to prevent repeat abuse or other violations of our terms.
- Business Transfers and Affiliates
- Non-Private or Non-Personal Information
Testified may share or disclose your non-private, aggregated or otherwise non-personal information, such as your public user profile information, public testimonies or information, the users you follow or that follow you, or the number of users who clicked on a particular link (even if only one did), or reports to advertisers about unique users who saw or clicked on their ads after we have removed any private personal information (such as your name or contact information).
- 12. Accessing and Modifying Your Personal Information
If you are a registered user of Testified Services, we provide you with tools and account settings to access, correct, delete, or modify the personal information you provided to us and associated with your account. You can download certain account information, including your testimonies and request access to additional information.
You can also permanently delete your Testified account at any time. If you follow the instructions for deactivating your account, your account will be deactivated and then deleted. When you delete your account, we delete things you have posted, such as your photos and status updates.
If you do not want to delete your account, but want to temporarily stop using Testified, you may deactivate your account instead. When your account is deactivated, it will not (or in some circumstances it may not) be viewable on Testified. In most cases it will be possible to restore your account for up to 30 days after it was accidentally or wrongfully deactivated. In the absence of a separate arrangement between you and Testified to extend your deactivation period after 30 days, we begin the process of deleting your account from our systems, which can take up to a week or more in some circumstances.
It is important to bear in mind that search engines and other third parties may still retain copies of your public information, like your user profile information and public testimony and information, even after you have deleted the information from the Testified Services or deactivated your account.
Keep in mind that information that others have shared about you is not part of your account and will not be deleted when you delete your account.
- Our Policy Towards Children
The Services that Testified provides are not directed to persons under age 13. If a person under age 13 wishes to provide a testimony or access Testified they must get parental consent or consent from their guardian or anyone who holds such responsibility over them as deemed by the jurisdiction in which that child resides.
If any user above age 13 years becomes aware that your child or a child has provided us with personal information without your consent, please contact us with the contact details provided by the Testified website. We do not knowingly collect personal information from children under 13 years of age. If we become aware that a child under 13 years of age has provided us with personal information, we take steps to remove such information and terminate the child’s account.
- Changes to this Policy
Effective: 11th April 2016.
I willingly give consent to True Worship Ltd, owner of Testified, its affiliates and agents, to use my images, video, pictures, songs, poetry, testimony and likeness and/or any interview statements in its publications, advertising or other media activities (including on the Internet).
I understand that due to the nature of the organisation and the number of testimonies it receives from around the world I cannot expect to be compensated or receive any remuneration, whether now or in the future with the use of my images, video, pictures, songs, poetry, testimony and likeness and/or any interview statements.
I appreciate that due to the working system of productivity within the organisation and for the sake of simplicity and efficiency I will not be notified or informed of each occasion my images, video, pictures, songs, poetry, testimony and likeness and/or any interview statements are used by True Worship Ltd, owner of Testified, its affiliates and agents.
I recognise that in order to allow my testimony to be published without unnecessary legal complications I am choosing to transfer full legal ownership of my images, video, pictures, songs, poetry, testimony and likeness and/or any interview statements to True Worship Ltd, owner of Testified, its affiliates and agents.
For the sake of completeness my consent includes, but is not limited to:
(a) The permission I have given to interview, film, photograph, tape, or otherwise make a video reproduction of me and/or record my voice and edit the above as necessary;
(b) The permission I have given to interview and to use my name, age and other personal details I have chosen to reveal of myself; and
(c) The permission I have given to interview and to use quotes from the interview(s) (or excerpts of such quotes), the film, photograph(s), picture(s), song(s), poetry, tape(s) or reproduction(s) of me, and/or recording of my voice, in part or in whole, in its publications, in newspapers, magazines and other print media, on television, radio and electronic media (including the Internet), in theatrical media and/or in mailings for educational and awareness.
This consent is given in perpetuity (on an on-going basis) and does not require further approval by me.
I confirm that I am fully competent and able to understand this agreement before signing it. I confirm that there are no medical conditions, physical, intellectual or mental impairments which affect my comprehension and understanding of this agreement.