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Terms of Use, App

Effective Date: 02/04/2018

1. Introduction

1.1 We are Infostain Ltd. You can contact us at. If you are using screen reading software, please ask someone to read out our email address to you. Other contact details are at the end of this document.

2. Definitions

2.1 Capitalised terms have the following meanings in these terms and conditions: a) “App” – the Infostain app distributed by us including any related services provided by us. b) “Appstore” – the app store from which you download the App. c) “Appstore Rules” – any applicable rules, policies or terms of the relevant Appstore. d) “Consumer” - an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession. e) “Content” - all photos, videos, associated data and all other information of whatever kind published, stored or sent on or in connection with the App. f) “User” - persons or organisations using our App.

3. Applicability of the terms and conditions

3.1 Please read these terms and conditions carefully. They replace any previous versions. By downloading our App you enter into a contract with us and agree to be bound by these terms and conditions. Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our app / website in future. These terms and conditions are available in the English language only.

3.2 These terms and conditions constitute an end user licence agreement between you and us (not the Appstore) in relation to our App and, in addition, you agree to be bound by the Appstore Rules.

4. Changes to the terms and conditions

4.1 We may change these terms and conditions by giving notice by email or in-app message. You will be bound by the revised agreement if you continue to use our App following the effective date.

5. Use of our App

5.1 We grant Users a limited, personal, non-transferable right to use our App on any applicable device owned or controlled by you in accordance with the Appstore Rules and subject to these terms and conditions.

5.2 You are not eligible for, and must not use or register on, our App if you are under 18 years of age.

5.3 You agree that you will not in connection with the App: a) breach any applicable law, regulation or code of conduct; b) publish or send any Content (including links or references to other content), which: • is defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive or deceptive; • infringes any intellectual property or other rights of others; • involves phishing or scamming or similar; or • we otherwise reasonably consider to be inappropriate; c) publish or send any Content which involves revealing any personal data of another person (i.e. information enabling someone to be identified or contacted) unless that person is 18 years or over and you have obtained that person’s explicit written consent or you are the parent/guardian of such person; d) impersonate any person or entity in order to mislead others; e) sell access to the App; f) use the App to provide a similar service to third parties or otherwise with a view to competing with us; g) sell advertising, sponsorship or promotions on or in connection with Content except where explicitly authorized by us; h) use the App for junk mail, spam, pyramid or similar or fraudulent schemes; i) do anything which may have the effect of disrupting the App including worms, viruses, software bombs or mass mailings; j) do anything which may negatively affect other Users’ enjoyment of the App; k) gain unauthorised access to any part of the App or equipment used to provide the App; l) use any automated means to interact with our systems excluding public search engines; or m) attempt, encourage or assist any of the above.

5.4 We are entitled to impose and/or change limitations on usage of our App, for example as to the number of photos / videos per day or per week which can be used in connection with the App.

5.5 You must ensure that any contact or other information which you supply to us is accurate and not misleading and you will update it so that it remains so.

5.6 You acknowledge that the Appstore has no obligation to supply any maintenance and support services in relation to the App.

5.7 The App is compatible with applicable devices and associated operating systems (OS’s) which have been released as at the date we launched the App (or as at the most recent app update). We do not guarantee that the App is or will be compatible with any other devices or OS’s. We may issue App updates through the Appstore; if so, you may not be able to use our App properly or at all until you have downloaded the update, which may be subject to the agreement of new terms and conditions.

6. Your Content

6.1 You are responsible for your Content.

6.2 You promise to us that you have (and will retain) all rights and permissions needed to enable use of your Content as contemplated by the App and these terms and conditions.

6.3 We reserve the right without notice or refund to reject, suspend, alter, remove or delete Content or to disclose to the relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant Content.

6.4 We do not accept responsibility if your Content is misused by other Users as this is outside our reasonable control.

6.5 It is your responsibility to make your own backup of any Content stored within the App to protect you in case of loss or damage to such material. We are not responsible for such loss or damage.

6.6 We reserve the right to place advertisements adjacent to or within your Content. We retain all revenue from such advertisements.

6.7 We may irretrievably delete your Content (including your photos / videos and all associated information) without telling you after this agreement ends or if your account is inactive for at least 6 months. You should make a backup of any photos / videos or your other Content that you wish to keep.

6.8 By uninstalling the App, all the folders created by the App, as well as their Content, might be deleted from your device.

7. Content of other Users

7.1 You accept that we have no obligation to vet or monitor Users or their Content.

7.2 You acknowledge that in using the App you may be exposed to offensive or other inappropriate Content or behaviour. If so, please contact us using the email address shown below. If appropriate, you should seek relevant external help, for example from law enforcement authorities and/or stop using the App.

7.3 If you have any complaint about Content or behaviour which you think is defamatory or otherwise infringes your rights, please email us at.

8. Third party services / advertising / websites

8.1 We may display third party-provided services or display third party advertising within our App and/or link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those websites or services. You use them at your own risk.

9. Certification

9.1 Where we use the term “certification”, “certify” or similar terms (e.g. in relation to photos / videos), this does not mean that we operate a formal certification service. It just means that these particular results were collected by our system. Similarly, where we use the term "true", "real" or similar terms to describe some property or data (for example, the 'true date' of acquisition of a photo) it does not mean that we can guarantee the truthfulness of that property or data, rather we mean that the property or data has not been and will not be, to the extend of the level of security of our system, subject to alteration by a User or a member of the public; it is "certified", "true" or "real" as opposed to "subject to alteration/manipulation/modification", to the best of our knowledge and subject to the limits of our system's security. We make no promise that any Content (whether “certified", "true" or otherwise) is valid, accurate or up to date. For example, there may have been a delay between the time a photo / video was taken and its transmission to our system. We do not accept legal responsibility for such inaccuracies in the information and you rely on it at your own risk.

9.2 Where we use the term “ownership“ or “authorship“ or similar, this does not mean that we operate some type of legal service that awards ownership/authorship of photos/videos or other articles. It just means that we assume and acknowledge that photos/videos sent to us from a user have been captured by the user themselves through our app, and therefore those photos/videos, to the best of our knowledge, belong to the user.

10. Your account

10.1 If we allow to create an account on our App, this is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

10.2 Your account with us is linked to your Facebook primary email address. Changing your Facebook primary email address will create a new account with us next time you log in to our App using your Facebook credentials.

11. Ending this agreement

11.1 You are entitled to end this agreement at any time by deleting your account within the App. Visit the help section of our website for further information.

11.2 We are entitled to end this agreement at any time and for any reason by email or in-app message.

11.3 Following termination of this agreement: Your right to use the App and all licences are terminated. Accrued rights and liabilities are unaffected. All clauses in this agreement which are stated or intended to continue after cancellation will continue to apply.

12. Functioning of our App

12.1 We do not guarantee that the App will be uninterrupted or error-free and are not responsible for any losses arising from such interruptions or errors. We advise the User to check the visibility state of their photo / video right after they shoot it, and generally check after they've taken any in-App actions that those actions actually did take place.

12.2 We are entitled, without notice and without liability, to suspend the App for repair, maintenance, improvement or other technical reason or to make changes to the App.

13. Liability

13.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.

13.2 Very important: If you are a Consumer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where: a) there is no breach of a legal duty owed to you by us or by any of our employees or agents; b) such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract); c) such loss or damage is caused by you, for example by not complying with this agreement; or d) such loss or damage relates to a business of yours.

13.3 Very important: If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our App (subject of course to our obligation to mitigate any losses).

13.4 The following clauses apply only if you are not a Consumer: a) In no event (including our own negligence) will we be liable for any: • economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); • loss of goodwill or reputation; • special, indirect or consequential losses; or • damage to or loss of data (even if we have been advised of the possibility of such losses). b) You will indemnify us against all claims and liabilities directly or indirectly related to your use of the App and/or breach of this agreement. c) To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.

13.5 The following applies where Apple Inc is the Appstore: a) In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility subject to these terms and conditions.

b) We, not Apple, are responsible for addressing your claims or the claims of any third party relating to the App or the end-user’s possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

14. Intellectual property rights

14.1 The intellectual property rights in all material used on or in relation to our App (including our trade marks and logos, our software and Users’ photos, videos and related data) are owned by us or other Users. For your personal use only, you may view such material on your device. You may not use, sell, change, copy, take extracts from or otherwise deal with such material without our specific prior written consent.

14.2 Just to be clear - you must not collect, scrape, harvest, frame or deep-link to any Content on our App without our specific prior written consent.

14.3 You must not circumvent or otherwise interfere with any security related features of the App or features that limit or prevent copying of Content or which restrict use of Content.

14.4 You must not reverse-engineer or decompile any of our software in any way (except to the extent allowed by applicable law). You must not create or use a modified or derivative version of our software or distribute or sublicense our software to third parties. You must take reasonable steps to ensure that our software is not disclosed to any third party.

14.5 If you publish any Content on our App, you grant us a worldwide, perpetual, non-exclusive, royalty-free licence to copy, alter, adapt or display such Content on our App and our website including automatic creation of a thumbnail of each photo / video. You also allow each User to use your Content in accordance with these terms and conditions.

14.6 In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not the Appstore, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

15. Privacy

15.1 You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy policy (www.infostain.com/privacy) which is subject to change from time to time.

16. Events outside our control

16.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures or user device failures.

17. Legal compliance

17.1 You promise that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

18. Transfer

18.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

19. English law

19.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/consumers/odr/. Our email address is .

20. General

20.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.

21. Complaints

21.1 If you have any complaints, please contact us via the contact details shown below.

22. Company information

22.1 Company name: Infostain Ltd 22.2 Trading name: “Infostain” 22.3 Country of incorporation: England and Wales. 22.4 Registered number: 11135909 22.5 Registered office and trading address: International House, 12 Constance Street, London, United Kingdom, E16 2DQ 22.6 Other contact information: See our website.

Version 1.4, 02/04/2018