1. INFORMATION ABOUT US, THE APP and OUR PARTNERS
1.1 This software application and associated materials and services (collectively the “App”) is owned, operated and licenced by Seenit Digital Limited (“Seenit”, “We”, “Us”, “Our”). Seenit Digital Limited is a company registered in England and Wales under company number 883 8909 and have Our registered office at 111 Piccadilly, Manchester, M1 2HY.
1.2 In these Terms, you, the user of the App, are referred to as “You” “Your” etc.
1.3 The App facilitates crowd sourced media capture and submission for use in creative content projects (a “Project”), which are run by Seenit’s clients (a “Partner”) and are facilitated by Seenit’s platform. The App enables You to take part in a Project on a case by case basis, including by submitting content to Seenit for use by Us, and by Our Partner on their Project.
1.4 Anyone can download and view the parts of the App, but to get full access you will need to register with Seenit. Access to the Projects is made available on a project by project basis in association with and/or branded by one of Our Partners. Whilst the App is always owned and controlled by Seenit, all content or information submitted by you via the App for a particular Project will be used by both Seenit, and by that particular Partner for that particular Project, and you acknowledge the various rights and obligations that are set out in the Content Terms and Content Standards as they relate to Seenit and/or Our Partner.
1.5 If You have any questions about the App, please contact Us at firstname.lastname@example.org.
1.6 YOU SHOULD READ ALL THE TERMS BELOW, BUT YOUR ATTENTION IN PARTICULAR IS DRAWN TO:
1.6.1 THE AGE RESTRICTIONS IN CLAUSE 2.1;
1.6.3 THE DEFINITION OF USER CONTENT IN CLAUSE 7.1;
1.6.4 THE CONTENT STANDARDS AND PROMISES YOU MAKE IN RELATION TO THE CONTENT YOU SUBMIT AS SET OUT IN THE CONTENT STANDARDS DOCUMENT THAT WILL BE MADE AVAILABLE TO YOU BEFORE YOU SUBMIT CONTENT; AND
1.6.5 THE RIGHTS YOU GRANT US AND OUR PARTNERS IN RELATION TO YOUR CONTENT AS SET OUT IN THE CONTENT TERMS DOCUMENT THAT WILL BE MADE AVAILABLE TO YOU BEFORE YOU SUBMIT CONTENT.
2.3 You understand and agree that We may add to or change these Terms at any time. New Terms are effective immediately and Your continued use of the App shall constitute on-going acceptance of these Terms, as updated from time-to-time. We therefore recommend that You check these Terms regularly.
2.4 If You do not agree with these Terms, please do not use the App.
3. LICENCE TO YOU TO USE THE APP
3.1 Subject to Your compliance with these Terms, We grant You a limited, revocable, royalty-free, non-exclusive, non-transferable, non-sub-licensable licence to use the App, solely for Your personal, non commercial use to browse and view the App and the content made available therein, and if you wish, to capture content and submit such content to Us for use by Us and the Partner in relation to the Project.
3.2 We are the owner or the licensee of all intellectual property rights in the App and associated graphics, logos, designs, images, pictures, photographs, videos, content and materials. Those works are protected by copyright, trade marks, database rights and other intellectual property rights, laws and treaties around the world. All such rights are reserved to Us and Our licensors. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any licence or right to use such content or material other than as permitted in these Terms. Notwithstanding the generality of the above, except as specifically permitted, you undertake not to copy, store in any medium (including on any other website), scrap, extract, reutilise, distribute, transmit, re-transmit, re-publish, broadcast, modify, or show in public any part of our App, content or materials without our prior written permission (and the prior written consent of the owner of the relevant intellectual property rights as and if applicable) in accordance with the Copyright, Designs and Patents Act 1988.
3.3 You agree not to (and not to permit to or encourage others to): (i) use the App for any use or purpose other than as expressly permitted by these Terms; nor (ii) copy, adapt, reverse engineer, decompile, modify, disassemble, otherwise tamper with, prepare derivative works based upon, distribute, license, sell, transfer or otherwise exploit the App or any portion of the App, except as expressly permitted by law or these Terms.
4. RESTRICTIONS ON USE
4.1 You may use the App only for lawful purposes. Without limiting this restriction, You may not use the App:
4.1.1 in any way that breaches any applicable law or regulation;
4.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
4.1.3 for the purpose of harming or attempting to harm minors in any way; or
4.1.4 to send, knowingly receive, upload, download, use or re-use any material which does not comply with Our Content Standards.
5. REGISTRATION WITH SEENIT
5.2 You may also be asked to select a user name (“User Name”) and password for identification purposes. You must not use any User Name that violates any provision, relating to Content Standards or any other term set forth in the App. The decision to register a User Name and password is at Our discretion and We may revoke Your User Name and password at any time.
5.3 You are responsible for maintaining the confidentiality of Your Account and Registration information, including Your password and You are solely responsible for all activities that occur under Your Account or Registration, and for any access to or use of the App including submission of content by You or any person or entity using Your password or device, whether or not such access, content submission or use has been authorised by You.
5.4 You must immediately notify Us of any unauthorised use of Your Account or Registration or any other breach of security.
5.5 You hereby confirm to Us that all information which You provide in connection with Your Account or Registration is at all times true, accurate, current and complete. If We suspect or find out that any information is untrue, inaccurate, out-of-date or incomplete then We reserve the right to suspend or terminate Your use of the App and/or any of its content.
6. CONTENT TERMS : LICENCE TO US AND OUR PARTNER IN YOUR CONTENT
6.1 The App enables You to submit video or other content, media, information, comments and messages. You will retain ownership of Your content, but it will be subject to certain licenses relating to Our and Our Partner’s use of the content. The relevant Content Terms will be made available to You and must be accepted by You before You can submit any content to Us.
7. CONTENT STANDARDS : USER CONTENT and WARRANTIES
7.1 The App enables You to submit video or other content, media, information, comments and messages, which must all comply with Our Content Standards. The relevant Content Standards will be made available to You and must be accepted by You before You can submit any content to Us.
8. OTHER THIRD PARTY SERVICES INTEGRATION
8.1 From time to time the App may integrate with other third party services or platforms, such as Facebook or Twitter. This may facilitate sign in via these services or other shared functionality.
8.2 These third party services or platforms will generally require You to have a separate account or registration with them. The terms on which those third party services or platforms engage with You, and share information or data with the App or Us, is specific to each third party service. You should make Yourself aware of their own terms and conditions before You associate Your activity on the App with those services or platforms.
9. YOUR INDEMNITY TO US
9.1 You agree to indemnify Us and Our affiliates, Our Partner for the Project, and each of Our and their respective directors, officers, employees and agents, as well as any other partners, licensors and suppliers against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of:
9.1.1 any misrepresentation, act or omission made by You in connection with Your use of the App;
9.1.2 any non-compliance by You with these Terms; and/or
9.1.3 claims brought by third parties arising from or related to any User Content or other information made available by You.
10. OUR LIABILITY TO YOU
10.1 To the maximum extent permitted by applicable law, You expressly agree that Your use of the App is at Your own risk. The App is provided on an “as is” and “as available” basis for Your use, and to the extent permitted by applicable law, We expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation.
10.2 To the maximum extent permitted by applicable law, We do not represent or warrant that access to the App will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the App. We do not guarantee that You will be able to access or use the App at times or locations of Your choosing, or that We will have adequate capacity for the App as a whole or in any specific geographic area.
10.3 To the maximum extent permitted by applicable law, We exclude all liability for any amount or kind of loss or damage and any direct, indirect or consequential damages or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption arising from Your use of the App, whether in tort (including without limitation negligence), contract or otherwise, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.
10.4 This Section does not in any way limit Our liability:
10.4.1 for death or personal injury caused by Our negligence;
10.4.2 for fraudulent misrepresentation or fraudulent concealment; or
10.4.3 for any matter for which it would be illegal for Us to exclude, or attempt to exclude, Our liability.
11. NETWORK CHARGES
11.1 When downloading and accessing the App, or uploading content from the App, standard network charges apply. You may incur additional data charges from Your network operator according to Your contract.
12. ADDITIONAL TERMS SPECIFIC TO APP STORES AND PARTNERS
12.1 Certain App Stores have additional terms that must be included in these Terms (“Additional Terms”). These Additional Terms are hereby included by reference, as set out in this Clause. In the event of any conflict between any Additional Terms and any other provision of these Terms, the Additional Terms shall prevail solely to the extent of such conflict.
12.2 Apple: If You have downloaded the App from any App Store operated by or on behalf of Apple Inc. and/or any of its subsidiary companies (together “Apple”), the following additional terms will apply:
12.2.1 Acknowledgement: You and We acknowledge that these Terms are an agreement between You and Us only and not with Apple and that Apple are not responsible for the App and the content thereof.
12.2.2 Maintenance and Support: You and We acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
12.2.3 Warranty: In the event of any failure of the App to conform to any applicable warranty, You may notify Apple, and Apple may refund the purchase price for the App to You; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, nor any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
12.2.4 Product Claims: You and We acknowledge that Apple are not responsible for addressing any claims relating to the App or Your possession and/or use of the 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.
12.2.5 Intellectual Property Rights: You and We acknowledge that, in the event of any third party claim that the App or Your possession and use of that App infringes that third party’s intellectual property rights, Apple will not be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
12.2.6 Legal Compliance: You represent and warrant 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.
12.2.7 Third Party Beneficiary: You and We acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms, and that, upon Your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against You as a third party beneficiary thereof.
12.3 Our Partners may impose further terms and conditions in relation to particular Projects. You will be notified of these when you enter a Project.
13.1 If any provision, or part provision, of these Terms is found to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of these Terms will not be affected.
13.2 As between You and Us, these Terms shall prevail over any agreement to which You are a party with Your App Store.
13.3 These Terms, and any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes and claims) shall be governed by and construed in accordance with English law.
13.4 You and We irrevocably agree that the English courts shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes and claims).