Terms of Use

Please review the Terms and Conditions and Privacy Notice along with this section below

Firstly we want to provide a bit of context as we were certainly not aware of much of this prior to looking in to what Clanns Online as an organisation needed to abide by when setting up and running an online service where user created content would be made available to others. If we didn’t know this stuff, or the extent it goes to, then there’s a good chance Clann Edlers or member and general users of our services don’t know about it either

We think this is important and we believe as part of our duty of care to you we should take the time to outline what follows below

Secondly, you’ll find a set of clauses where we outline what we expect our Clann Elders, Clann Members and General Users to be able to do and not to do when using our services and the Clanns App. It’s important for both you and us that we both know where we stand on this. We’ll always strive to do things the right way and whilst we know that the majority of our members and users will do too, we have to detail this in order to protect you, and us, from those that don’t

1. Context

These Terms of Use rely heavily on the UK government’s White Paper ‘Online Harms’. As this paper makes its way through parliamentary discussion on it’s way to becoming law, we’re trying to keep pace and anticipate future requirements that websites like ours will require to have in place to protect their members and users. We’re also very much looking to keep on the right side of the law and legal requirements of running a website and service like ours

As it stands, the Online Harms White Paper covers the following areas:

1.1 Online Harms

Illegal and Unacceptable Content including Incitement of Violence
Online Manipulation, Harassment, Abuse and Bullying especially to vulnerable or young adults (e.g. anonynous cyber bullying , self harm and suicide)
Online use by Terrorist Groups, Modern Slavery Groups and Pornographers
Child Sexual Abuse and Grooming (CSEA – Child Sexual Exploitation and Abuse) and sharing of sexual imagery
Disinformation and Fake news (e.g. as a threat to: a Country’s reputation, values and principles; public safety and national security; freedom of speech)
Promotion of Gang Culture, Violence and Weapons use
Designed Addiction and promoting Compulsive or Habitual Behaviour – i.e. continued use of an online product or service. e.g. Gambling

1.2 Aims

The aims of the Online Harms policy can likewise be summarised :-

Promoting freedom of expression
That an Online space is safe for citizens to use free from ‘criminal, terrorist and hostile foreign state activity‘ across country borders
Looking to provide rules where unacceptable, harmful behaviour is discouraged, and where this does occur that suitable processes are in place to help those in need
Provide extra protection for children
Rules and norms for the Internet that discourage harmful behaviour
To encourage the UK as a lead on developing innovation in online safety
To renew confidence in companies with an online presence

In order to progress the above, the UK government is looking to put in place an independent audited regulatory framework to guide companies on duty of care, codes of practice and legal duty covering the content that a website hosts and any services that it provide in its support and promotion

Clanns Online and many others may best understand this as a form of GDPR requirements for online content. Note that the White Paper specifically mentions our area of operation “…the regulatory framework should apply to companies that allow users to share or discover user-generated content or interact with each other online.” (Clause 29, The Companies in Scope)

1.3 List of Harms*

Child sexual exploitation, abuse and online grooming+
Terrorist content and activity
Organised immigration crime
Modern slavery
Pornography (extreme and revenge)
Harassment, cyberstalking, cyber bullying, trolling or behaviour considered coercive or intimidating
Hate crime and racism+
Encouraging or assisting suicide or self harm
Incitement of violence, publishing violent content or disinformation
Sale of illegal goods / services
Creating, possessing, copying or distributing indecent or sexual images of children and young people under the age of 18 or giving access to pornography / inappropriate material to children and those under age of 13
Extremist Content / Activity
Promotion of Female Genital Mutilation (FGM)

*Table summarised from: “Harmful content or activity in scope of the White Paper. Table 1“

+ added by us for clarity

Note that the above list is actually further categorised in the White Paper into those with a clear definition, those with a less clear defnition and those for ‘underage exposure’. The White Paper also goes further to exclude certain harms as these fall under existing Law (e.g. personal information lost following a data breach is covered by UK-GDPR)

1.4 What is the UK doing now?

The UK is continuing with a collaborative forum called the ‘UK Council for Internet Safety’ or UKCIS. They are currently reviewing existing and new research (hate crime, extermist views etc) and producing new guidance and frameworks to help those looking to support their online users safely

The UK is also part of the WePROTECT Global Alliance who are tackling child sexual exploitation

There is also the Internet Safety Strategy Green Paper looking at how Social Media companies address users’ complaints that these companies do not do enough to prevent illegal or harmful behaviour

The White Paper points out that companies are currently using clauses in their Terms and Conditions but highlight that these are often overly complicated and that no standards to keep them consistent yet exist

Finally, the White Paper also states that there is no current mechanism for the government to hold companies to account. The remainder of the White Paper goes on to outline a Regulator Framework and legal requirements for companies to follow to address this and the other points raised. These are currently being discussed and reviewed

The pillars for this work are ‘Transparency, Trust and Accountability‘ and will apply to “…. companies that provide services or tools that allow, enable or facilitate users to share or discover user-generated content, or interact with each other online“. i.e. Clanns Online (see section “4. Companies in scope of the regulatory framework“)

They plan to achieve regulation through 5 key approaches :-

A proportionate approach
A duty of innovation
Making compliance straightforward
Using technology
Minimising compliance costs

1.5 Where are we today?

The White Paper is very clear on this. So much so that we’re going to include the complete paragraph in verbatim (See “6.14: Current liability for illegal content”):-

“Under the current liability regime, which is derived from the EU’s e-Commerce Directive, platforms are protected from legal liability for any illegal content they ‘host’ (rather than create) until they have either actual knowledge of it or are aware of facts or circumstances from which it would have been apparent that it was unlawful, and have failed to act ‘expeditiously’ to remove or disable access to it. In other words, they are not liable for a piece of user-generated illegal content until they have received a notification of its existence, or if their technology has identified such content, and have subsequently failed to remove it from their services in good time.”

1.6 Duty of Care

The White Paper goes on at length to detail proposed duty of care for companies to follow in each of the areas of online harm. Generally speaking, we summarise these below (see “7.4: Duty of Care”) :-

Main Terms

Standards for Terms and Conditions
Provide a means for users to report content and for it to be swiftly removed but provide content providers with a means of appeal to protect their rights
For any moderation to be transparent and effective
Assist users who have suffered any form of online harm in finding help

General Terms (Covering Multiple Online Harms)

Clearly detail what forms of content are acceptable
Prevent new and known content breaching the Online Harms from being made available to users. This also includes links to such content
Provide effective systems for reporting content, preventing further circulation or its full removal
Informing of Law Enforcement agencies where appropriate or required
Reasonable actions on dealing with accounts that upload content or links to content that breach the Online Harms
Prevent users banned from a service creating new accounts to continue accessing the service
To limit users abusing services provided when carrying out any online harm
Include in any Terms and Conditions clauses that require users to accurately present their identity
Promote reputable news sources and diverse news content (ie not just confirming a user’s existing view point)
Actively promote content that helps and supports content to users. ie where an article is discussing an online harm it should point users to where they can go for help if they anticipate they may experience or are experincing that form of harm

2. Terms of Use

Welcome to our website. If you continue to browse and use this website, our services and access to the Clann App and associated supporting Clann Portal, you are agreeing to comply with and be bound by the following Terms of Use, which together with our Privacy Notice and Terms and Conditions govern Clann Online’s relationship with you. If you disagree with any part of these please discontinue in the use of our services

IF YOU DISAGREE WITH ANY OF THE FOLLOWING AND CONTINUE TO USE OUR SERVICES AND LATER CONTRIVENE ANY OF THESE TERMS, CLANNS ONLINE MAY REMOVE YOU, YOUR CONTENT, ANY LINKS TO YOUR CONTENT, SUSPEND OR BAN YOU FROM ACCESSING YOUR CLANN VIA OUR PORTAL AND/OR FURTHER REPORT YOU TO THE LOCAL OR INTERNATIONAL AUTHORITIES WHERE WE ARE LEGAL OBLIGED TO DO SO. SYSTEMS ARE IN PLACE TO ALLOW YOU TO APPEAL ANY SUCH SUSPENSION OR BAN WE PLACE ON YOU BUT BY CONTINUING TO USE OUR SYSTEMS AND SERVICES YOU UNDERSTAND THAT WE MAY ELECT TO SUSPEND/BAN YOU FIRST (REMOVING ACCESS TO ANY SUCH CONTENT YOU HAVE PREVIOUSLY POSTED OR LINKED TO) BEFORE ANY SUCH DISCUSSION ON YOUR CONTENT AND APPEAL TAKES PLACE

These terms are effective from 10th March, 2022

The terms ‘Clanns.online’, ‘Clanns Online’, ‘Clanns’, ‘us’ or ‘we’ refers to the owner of the website. If you need our address please contact us here The term ‘you’ refers to the user or viewer of our websites, Clann Elders and anyone accessing the Clanns Online Portal, and members and users of the Clanns Application

Please see our Privacy Notice here and our Terms and Conditions here

The use of this website is subject to the following Terms of Use:

2.1. Definitions and Interpretation

Your continued use of this website, and it’s associated products and services implies your acceptance of the following terms and interpretations. Singular and Plurals are inter-changeable :-

“Company”, “Us”, “We”- Clanns Online, (c/o) Crescent 21 Ltd. If you need our address please contact us here
“User” , “You” – any third party accessing the Websites, Portals or Applications provided by Us. Owners and employees from the Company are included in ‘Company’
“Website” – https://Clanns.online, https://Clanns.app, https://Clanns.io and any subdomains of these
“Application”, “App”, “Clann App”, “Product” – the application available for Apple mobile devices and desktops (where available) and the supporting infrastructure of the Platform and Website provided by us.
“Platform” – the suite of websites and products that together bring the Clann information to it’s Clann Elders, Members and Users
“Portal” – the portion of the Website responsible for allowing resource information on Clanns to be uploaded, linked to and later made available to Members through usage of the Product. The Portal is accessible only to Clann Elders and the Company
“Clann” – a group of users who come together through the Product’s usage to view and share in Resources made available by a Clann’s Elders. Clanns are expected to be dedicated to bringing resources for one focused area only (say a Band or a Yoga Studio or Teacher) and are required to specifically nominate this at the time their Clann is first created
“Clann Elder” – a specific user or users who either create or become responsible for a Clann’s configuration and continued maintenance through the Portal. Their role is to combine existing or new news items, documents or alternative resources and make these available for viewing to their Clann Members via Clanns Online’s suite of services. Clann Elders are also responsible for the accounting of the content with regards to their suitability of use and sharing to others
“Member” – a user who has created an account either on the Clann Portal (as a Clann Elder) or via the Product (as a Clann Member). Note that this is different than a User who may not have signed up for an account on either the Portal or via the Clanns App but can still access free content via the Clanns App itself
“User”, “Non-Member” – someone who has downloaded and installed the Clanns Application but has not yet registered an account or signed up to any existing Clann. Clanns Online does not force users to register for an account as we prefer to allow users access to free information form Clanns to help them decide whether a commitment to a purchase for access is worthwhile before asking them to register. Many applications we’ve seen prefer to force a user to register for an account first. We prefer to do it this way. Note that Users are not able to comment or communicate anywhere on the Clanns Online Portal or Clanns App
“Resource”, “Content” – a piece of information of a specific mime type that is related to an existing Clann. Uploaded or referenced by a Clann Elder for a Clann that they administer. Resources can be free or paid
“User Generated Content”, “UGC” – a piece of content originating outside the App or App Portal presented for viewing by a Clann Member for other Clann Members to see via the Clanns Online App
“Mime Type” – the specific type of a resource: Image, HTML, PDF, Audio, Video, Markdown, Text or any combination of these where a resource constituent parts with differing mime types. This list is currently non-exhaustive so additional mime types not listed here are also inferred to be included (and may be added at a later date)
“Free” or “Free Content” – an item of infomation that is made available to Clann Members or non-members via the Portal and Clann App without requiring a login to be made on the Clann App for it to be seen. This is typically any and all information that does not appear on the Members Area of the Clann App
“Paid”, ‘Paid for” or “Paid Content” – where a resource from a Clann’s Portal is made available only to Members via the Member Area on the Clann App. Paid content is only accessible in the Clanns App after an In App Purchase of a recurring or non-recurring Subscription
“In App Purchase”, or “IAP” – a purchase made on the User’s Device via the Clanns App to Apple’s App Store for a recurring or one-off subscription that grants access to the Members Area of the Clann App only while the subscription and associated accounts (with Apple and Clann App) are active and valid. Note that Apple implements specific restrictions on subscription access and their future cancellation. i.e. Cancelling a subscripition mid-period may result in a loss of the remainder of the period of access and incur loss of the remainder of any outstanding balance on the original fee paid for a subscription. Policies from Apple on this are entirely controlled by Apple and are outwith the control of Clanns Online. Please review Apple’s Policy notice prior to making any purchase from the Clanns App. Note that the purchase of one specific IAP for a specific Clann may not provide access to another Clann’s paid for content. Whilst Clanns Online actively encourage Clanns and Elders to join the Cross-Clanns Access program, Clanns are very much entitled to gate their content (at an extra cost to them)
“Cross-Clanns Access Program”, CCAP” – where Clanns make their paid for content available across all Clanns. This allows any Clann member of any Clann to make one IAP purchase and gain access to all Clanns subscribing to the CCAP. Clanns Online consider Clanns to not be isolated groups. We know certain Clanns cover areas in the same field (say Yoga) and we believe the CCAP provides a ‘Clann of Clanns’ approach to the benefit of both Clanns (who get more people to see their content) and Clann Members (who get to see more content)
“Clann Fee” – the amount paid by Clann Elders to create and administer their Clann. Clann Fees may be on a one-off or a repeating subscription basis
“Permitted Use”, “Permitted Content” – the use of the Product as set out in section 2.2 “Permitted Use” below. All Clanns are expected to follow these guidelines especially with reference to the Online Harms
“Restricted Use”, “Restricted Content” – the use of the Product as set out in section 2.4 “Restricted Use” below. Certain resources go counter to the ethos and standards of Clanns Online or the Clanns on our platform. Many of these are already listed above in section 1 as Online Harms. As a consequence it may be necessary for us to review content either not belonging to us, or uploaded or linked to by a Clann Elder, for the specific purpose of determining whether the content is suitable for sharing via the Platform. We’ll try and make any such moderation of content transparent to all and where we consider content to be close to breaking an Online Harm we will endeavour to liase with the Clann Elders on considering suitable alternatives prior to any content being posted

While we do expect the majority of the Clanns on our Platform to post suitable content, differences in opinion on what ‘suitable’ may mean may rise from time to time. Where this occurs we will always default to the guidelines in place (or to be added to in the future) with regards Online Harms in Section 1 and how they might interpret this content. Where there is any form of uncertainty we believe it may be in everyone’s interest to error on the side of caution

Generally if you wouldn’t share the Content with your own father, mother, guardian, guiding influence then it’s probably not suitable here too

Please see the notes below on specific content type that we deem to be unsuitable for our Platform. ANY CONTENT FALLING IN TO THESE CATEGORIES CAN AND WILL BE REMOVED WITHOUT NOTICE.

Please note that it may not actually be the intended aim of Clann Elders to offend when they upload or link content for their Clann members to view. However, we are aware that it is entirely likely that while Clanns Online and Clann Elders see no harm in a piece of content, that Clann Members may, of course, deem it to be contrary to what they would have wanted to see on our Platform. We have to draw a line somewhere, and for sure it may not be a straight enough line (or wobbly enough) to capture all cases. In these instances, Clanns App has put in place (and we will continue to add to the Platform) suitable mechanisms for allowing Members to reporting content that they wish to bring to our attention for review. We will endevour to review any objections raised in this way in conjunction with the Clann Elders for the Content in question. In an attempt to reduce the effect of restricted content on Clann Members and Users, content may be visually restricted (made unreadable/inaccessible) at the point where the initial objection is made and subsequently to all other users either immediatelty or following a review of the content. Clann Elders may be given the opportunity to ammend the Content accordingly. Note that this is not a carte-blanche for Members to raise objections on every piece of content. Where Clanns Online, or Clann Elders suspect specific users may be over-using this process, Clanns Online and Clann Elders may request (as a last resort) the removal of a Clan Member’s access to the Product. Note that Clann Elders are required to agree to a similar set of Terms of Use regarding any and all content that they provide to Us and where they continue to breach the terms of this agreement they understand that Clanns Online can suspend or ban their Clann or prevent them from posting additional content to their Clann. All Clanns are expected to follow these guidelines

2.2 Permitted Use

Note that this section is not exhaustive. Clanns Online reserves the right to add, update or remove additional clauses here as required.

Owners, Clanns Online, Clann Elders, and Members agree that when they enter any user account, email address and password of any Portal or Application registration or login screen that authorises them access to any content, visible or otherwise hidden from their or other users use, that they knowingly and willing agree to the following :-

to abide by the standards and guidelines as specifically detailed in the Online Harms section 1 above. ie that they will not post any material that would be considered to be an Online Harm under the guidelines of the White Paper
that they will only post content that directly relates to their Clann as identified by them when their Clann is first created
that they have a legal right to post or link to any content they upload to the Platform. This includes the embedded use of copyrighted music or audio included in a video, for example (see Restricted Use below)
that they will maintain a suitable license for any and all content including logos, images, audio, video or copy material where they have received such content from a third party and that they will remove any and all content under such license should that license lapse, be terminated or assigned to another third party
that they grant Clanns Online and all owners, partners and developers a worldwide license to use, copy, publish and share any content that is uploaded to our sites via the Clann Portal or Clanns App without restriction or impunity
that they agree to each term of section “2.3 License to Use” and “2.4 Restricted Use” listed below

2.3 License to Use

2.3.1 Access to Content owned or Licensed to the Clann Elders

Clann Elders agree that :-

they have legal access to the Content they upload or link to
they have granted the Company a sub license to edit, resize (including cropping), modify, and otherwise use commercially or non-commercially this Content and any works, or links to works derived together with or separate to, either as a stand-alone or collection with other works, whether preexisting or newly created for its sole use on the Platform and Product in its current and any future release
they have agreed that links to, and containers of the above Content can also be legally and without injury, financial or otherwise, be maintained by the Company on our servers or those of third party companies utilised at the Company’s discretion in the provision of the services to the Clann Elders and their Members and Users and that no guarantees can be made to its safe harbour by Clanns Online apart from where instructed by UK-GDPR law
that they understand that where Online Harms guidelines are breached that their Clann and Content, and any and all access to it, may be suspended, or removed in part or whole
that where any content is removed, or access is suspended, that they maintain the right to challenge this action

2.3.2 Right to Transmit

Further, the Clann Elders also agree that they have granted the Company a worldwide sub license for the content to be :

distributed, displayed publicly and transmitted and otherwise used comercially or non-commercially with any works, or links to works, derived together with or separate to, either as a stand-alone or collection with other works, whether preexisting or newly created for its sole use on the Platform and Product in their current and any future release to Clann Members and General Users
transmitted over any form of Internet Protocol to any device and by any means, whether now known or later created, including, but not limited to, Wireless Internet transmissions and Apple iPhone, iPad or Desktop or mobile devices. Clanns Online also reserves the right to extend this clause to include Android and Windows attached mobile and desktop devices when these categories fall into the timeline for development and expansion by Clanns Online

2.3.3 Limits: Clann EldersFurther, the Clann Elders also agree that they understand that the Company :-

endeavours to keep Content licensed to them online for as long as the Clann Elders wish but that 100% up time is not fully possible and that outages and downtimes are often required or unavoidable. Clanns Online leverages from services provided to us by existing Internet Providers and are subject to their continued operation and provision of services to us
reserves the right to remove access to the Clann Portal and/or Clann App where requried to by any and all Law Enforcement Agencies or Government representatives where required to do so to follow legal requirements placed up on us
reserves the right to add, alter or remove existing features of the Clanns Online Portal or Clanns App to correct or enhance Clann Elder, Member or User experience of the Resources for each and every Clann
provides the service to Clann Elders in good faith but that from time to time outages, downtimes and software bugs and errors can cause access to Clann content to be limited or lost completely. In such instances Clanns Online and its developers will endevour to return the Clanns Online Platform to a fully operational status as quickly as posibble where this is possible. Note that where a service that Clanns Online is reliant upon is removed by the owning third party, Clanns Online and Clanns App may require an extensive period of rework to make any replacement service operational with our Platforms. Our services may not be availabe during such extensive work
reserves the right to temporarily suspend or limit a Clann or its content from being accessible where a Clanns content is of a political nature and an election is approaching or currently underway
All licences, consents and restrictions contained in our Terms and Conditions, Privacy Notice and Terms of Use shall be limited to the normal duration of copyright in literary works as defined in the Copyright Designs and Patents Act 1988, Section 12 (the life of the author, plus 70 years).

2.3.3 Limits: Clan Members and General Users

Clann Members and Users also agree that they understand that the Company :-

reserves the right to suspend access to, obscure or otherwise remove content new or previously appearing on the Clanns Application without notice
provides the service to Clann Members and Users in good faith but that from time to time outages, downtimes and software bugs and errors can cause access to Clann content to be limited or lost completely. In such instances Clanns Online and its developers will endevour to return the Clanns Online Platform to a fully operational status as quickly as posibble where this is possible. Note that where a service that Clanns Online is reliant upon is removed by the owning third party, Clanns Online and Clanns App may require an extensive period of rework to make any replacement service operational with our Platforms. Our services may not be availabe during such extensive work
has a duty to be responsible citizens when using our services and that where these provide access to a means of commenting or communicating with Clann Elders and other Clann Members that they do with respect and proper dignity for the views and rights of each individual regardless of how differing these may be to their own

Clann Members and Users also agree that :-

any User Generated Content remains the property of the Clann Member who originally shares it through the Clanns Online App
any content is free from any and all forms of third party copyright or legal requirement or license required for its use
a Clann Member agrees to a universal, worldwide license to Clanns Online to share the content on their behalf in full and in part
they will not seek financial compensation for any User Generated Content that they provide and they they understand all content is provided free of charge
any and all User Generated content provided by them should remain within the letter and essence of any and all laws in existence or later implemented in law covering the posting of user generated content specifically in relation to the laws covering Online Harm.
they agree to the storage and processing of all such User Generated Content as required for Clanns Online to abide by all laws covering user generated content (specifically Online Harms)
that Clanns Online retains the right to remove, alter or otherwise prevent any and all user generated content that it sees as potentially breaking any existing or future laws.
they further release Clanns Online, its owners, operators, developers and shareholders from all liabilities financial or legal arising from the posting of the Clann Member’s user generated content. All liabilities, legal or otherwise, remain the sole responsibility of the Clann Member.

2.4 Restrictions on Use

All restrictions below apply to current version of the Platform and Clanns App or any later derived versions in part or whole later released

Note that this section is not exhaustive. Clanns Online reserves the right to add, update or remove additional clauses here as required

2.4.1 Owners, Clann Elders, Members and Users agree that under no circumstances will they :-

post any material, user generated content or links to child sexual exploitation, abuse or online grooming including granting access to pornography / inappropriate material to children and those under age of 13
post any material, user generated content or links that support any terrorist organisation or terrorist activity
post any material, user generated content or links that support organised crime
post any material, user generated content or links that support immigration crime
post any material, user generated content or links that supports modern slavery or people trafficking
post any material, user generated content or links to pornography (extreme, revenge or otherwise)
post any material, user generated content or links that harasses, stalks (cyber or otherwise), bullys, trolls or maybe considered abusive, threatening, coercive or intimidating
post any material, user generated content or links that supports hate crime or racism especially in regards to sexual orientation, religious or political beliefs
post any material, user generated content or links that supports assisted suicide or self harm
post any material, user generated content or links that supports or encourages violence or violent content
post any material, user generated content or links that supports disinformation or widely considered to be fake news
post any material, user generated content or links that supports the sale of illegal goods or services including weapons, fireams and munitions
post any material, user generated content or links that supports extremist content or activity
post any material, user generated content or links that supports the promotion of Female Genital Mutilation
post any material, user generated content or links that is libelous, obscene, defamatory, or considered to be racially, sexually or religiously offensive

2.4.2 Further, users of the Clanns Online Portals and Applications agree not to :-

use or share accounts with other members or third parties especially to try and circumvent any suspension or restriction on their own accounts
interfere with the running operations of the Clanns Online services, portals or Clanns Application in any attempt to restrict, control or otherwise profit from these activities. This includes the use of any manual or automatic processes that render large loads on our servers or those supplied to us by our third parties in the provision of our services to our Clann Elders, Members and Users
circumvent any captcha systems or means of identifying them as being human and non-automated in nature
automatically or manually scrape any digital or otherwise presented information appearing on our websites, portals or applications
attempt to solicit Clann Elders’, Members’ or Users’ personal information or interests for financial or other gain

2.4.3 Clann Elders also specifically agree that they will not :-

use the Product to sell any goods, products, or part-product, directly on the Platform or Clann App. This is a restriction placed on us by Apple’s App Store. Apple expects any App selling goods or content within an App to do so via Apple’s Payment processing, or In-App Purchase subscription process, and be subject to their terms and conditions accordingly with any subsequent fees due to them
identify their Clann as being directly associated with, or a representative of, any well-known celebrity, sports personality or actors/actress without written permission to do so. i.e. Clanns Online will reject any application, for example, to run an ‘Official’ Taylor Swift Clann
sub-lease, assign, loan or sell the rights for their Clann to any third party
upload any sensitive or business critical information of their business or any of their competitors

3 Other Clauses

All restrictions below apply to current version of the Platform or any later derived versions in part or whole later released

3.1 Fees, Payment and Purchases

All Fees appearing on this Website are exclusive of Value Added Tax. Where the Company is required to add Value Added Tax this will be added to any and all sums due at the point of sale
All transactions processed through this Website are handled by PayPal. No payment details are collected or processed by Clanns Online. We do not accept responsibility for any problems you may have in making payment through PayPal but will endeavour to assist you in any way we can
All transactions processed through the Clanns App are handled by Apple. No payment details are collected or processed by Clanns Online. We do not accept responsibility for any problems you may have in making payment through Apple Pay or Apple’s In App Purchase but will endeavour to assist you in any way we can.
Failure to complete a purchase or re-occurring payment through Paypal, Apple’s In App Purchase or Payment Processes may result in your continued access to the services provided by Clanns Online, Portal and Clanns App being suspended or removed

Where you are seeking a refund for our Clanns Application you should be able to do this directly on your Apple device. Part of any outstanding subscription service may be lost should you terminate the description prior to its renewal date. If you fail to renew any subscription with Apple or systems may prevent you from accessing information that was previously made available to you whilst the subscription was active

3.2 Product and Liability

We will use reasonable endeavours to correct any defects in our websites, portal and Clanns Application in a timely manner where we can and where it is financially viable for us to do so.
Where any feature or service is made available in the Clanns App for any particular version of a device’s operating system, note that Clanns Online may determine that it is no longer feasible or possible to port that feature or service into any subsequent version of the device’s operating system. Operating Systems, APIs and programming languages evolve at a staggering quick rate and often break or render useless applications built on previous versions. Where we may target a specific version of our feature or service for any particular release, we do not guarantee continued support for these on any subsequent release of our Platform or Application when a device operating system change is later announced or made
We will not be liable for any loss of any kind including lost profits or other consequential losses arising from your use or inability to use the Product or from errors or deficiencies in any part of our Products or Services
You should ensure that any Product (or part thereof) acquired from Clanns Online is appropriate and complete in all respects for its intended purpose. We give no representation or warranty that such material will be fit for its intended purpose, useful to you or of satisfactory quality
You acknowledge that any Product (or part thereof) purchased may, in the future, need to be amended in response to changes in the law or commercial practice. We are not responsible for advising you of any such changes or amendments
No liability shall be attached to Clanns Online, our directors or officers, our employees, or retained consultants for loss or damage of any nature suffered as a result of the use of the Product, Platform, Services or Applications or for any errors or omissions in the contents of any forms or documents presented by us or on behalf of our Clanns

4. Disclaimer and Indemnification

THIS SITE, COMPANION WEBSITES AND ASSOCIATED APPLICATIONS AND ANY SHARED CONTENT OR LINKED TO INFORMATION ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTEE OR ASSURANCE THAT THIS CONTENT OR LINKED TO INFORMATION MAY BE AVAILABLE FOR USE 100 PERCENT OF THE TIME OR THAT OUR PRODUCTS, SERVICES, OR CONTENT WILL BE CONTINUOUSLY AVAILABLE OR PERFORM AS ANTICIPATED OR DESIRED

FURTHER, CLANS ONLINE, ITS OWNERS, OPERATORS OR ASSOCIATES, BY THE SHARING OF ANY CONTENT OR LINKED TO INFORMATION ON THE PLATFORM OR ASSOCIATED APPLICATION, DO NOT ENDORSE THIS CONTENT, LINKED OR OTHERWISE, AS SUITABLE OR FIT FOR ANY PURPOSE WHATSOEVER

YOU UNDERSTAND AND AGREE THAT NEITHER CLANS ONLINE OR ANY OF ITS OWNERS, OFFICE BEARERS, OFFICIAL PARTNERS, CLIENTS, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OR MISUSE UNINTENTIONAL OR OTHERWISE OF OUR SITES, PORTALS OR APPLICATIONS, INCLUDING, BUT NOT LIMITED TO, FINANCIAL COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES

Further…

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD CLANNS ONLINE ITS SHARE HOLDERS, OFFICE BEARERS AND ASSOCIATED HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, DUE TO YOUR USE OF OUR SITES AND APPLICATIONS AND/OR YOUR BREACH OF ANY CLAUSES IN OUR TERMS AND CONDITIONS, PRIVACY POLICY OR TERMS OF USE

Subject to the Laws of Scotland, England, Northern Ireland and Wales (collectively the United Kingdom of Great Britain and Northern Ireland)