These Terms affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by these Terms, do not download, access or use the App. If you have any questions, you can contact us by email at firstname.lastname@example.org . If we reasonably believe that the amendment is significant, we shall notify all registered users by email. Otherwise, the amended Terms will be effective as soon as they are accessible. You are responsible for regularly reviewing these Terms so that you are aware of any amendments.
The App allows you to upload images (Images), and you accept and agree that all your Images must comply with our Acceptable Use Policy as may be amended by us at any time and without notice.
You must be at least 18 years old to use the App.
You can register with us through your Facebook account, or directly. You warrant that all information that you provide directly to us on registration is accurate and complete and you shall make any necessary changes to that information within your account.
You are responsible for maintaining the confidentiality of your account. Please take precautions to protect your account details and contact us immediately or request a change to your password if you believe there has been any unauthorized use of your account.
3. Use of the App
The App is made available for your own, personal use. You must not use the App for commercial, business or re-sale purposes. This means that you cannot download and offer for sale other user’s Images.
When you use the App you must comply with all applicable laws. In particular, but without limitation, you agree not to (a) try to gain unauthorised access to the App or any networks, servers or computer systems connected to the App including by circumventing our security systems; (b) harvest or otherwise collect non-public information about another user obtained through the Site (including without limitation email addresses), without the prior written consent of the holder of the appropriate rights to such information; (c) add a Site user to your email or physical mailing list without their consent after adequate disclosure, or use their email address or contact details for antisocial, disruptive, or destructive purposes; (d) reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the App save to the extent expressly permitted by law not capable of lawful exclusion; and/or (e) upload or otherwise send a virus or other malicious code through the App.
4. Uploading and Searching for Images
When you upload your Images, you should tag the location, date and time so that other users can more easily search for an Image. You can block accounts from viewing of your Images.
Provided that you have uploaded your Images in accordance with the Acceptable Use Policy [link], you can use the App to search, view and download other user’s Images subject to any restrictions on use of each Image and except where you have been blocked by another user.
You represent and warrant that your Images shall comply with our Acceptable Use Policy [link] and in particular (i) you own the copyright in the Images; and (ii) there is no identifiable individual featured in the Image without the consent of such individual. At our request you shall promptly provide evidence of compliance with this requirement. We can remove your Images at any time without notice to you if we believe they breach the Acceptable Use Policy.
If you believe any Image infringes your copyright, you may submit a notice to us including the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of any exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed; (c) identification of the Image that is claimed to be infringing; (d) information reasonably sufficient to enable us to contact you, including your name, email and/or postal address; (e) a statement that you have, in good faith, a belief that use of the Image within the App is not authorised by the copyright owner, its agent and/or the law; and (f) a statement that the information in the notice is accurate and under penalty of perjury, you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The copyright in the App is owned by us or our licensors (Content). All rights are reserved.
6. Links to third party content
The App may contain links to websites or apps operated by third parties. We do not have any influence or control over any such third-party websites or apps and we are not responsible for and do not endorse any third party websites or apps or their availability or content.
We accept no responsibility for adverts contained within the App. If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.
7. Warranty and disclaimer
We warrant that the Content and the App are of satisfactory quality, fit for purpose and as described. Otherwise, the App and the Content is provided on an “as is” basis. You acknowledge that the App has not been developed to your specific needs.
8. Limit on Liability – Your attention is particularly drawn to this clause
If there is a problem with the App that damages a device or any other digital content belonging to you and this is caused by our failure to use reasonable skill and care, we will either repair the damage or pay you compensation up to £10 per device provided that you submit acceptable evidence of the damage and/or financial loss caused by the App. However, we will not be liable for damage which you could have avoided by following our advice to download and install an update offered to you for free or for damage caused by you failing to correctly follow instructions about use or anything in the documentation on the App.
Nothing in these Terms shall limit or exclude our liability for (a) death or personal injury resulting from our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by English law.
We will use reasonable endeavours to make the App available to you at all times. However, there may be occasions when access to the App may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
We reserve the right to remove any Images from the App for any reason without notice, and shall have no liability or responsibility to you in any manner whatsoever in such circumstances.
We may suspend, disable, or delete your account if you have breached any provision of these Terms or if we determine that your conduct could damage our reputation.
If we delete your account, you may not re-register under a different name and you acknowledge that your Images may be deleted.
You may terminate your account by following the instructions on the App and/or deleting the App.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You consent to receive all communications including notices, agreements, disclosures, or other information electronically. We may provide all such communications by email or by posting them on the App.
If you have any complaint or wish to raise a dispute under these Terms or otherwise in relation to the App please follow this link http://ec.europa.eu/odr
These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.
12. Additional Terms for Users who download the App from the Apple iTunes App Store
We both acknowledge that these Terms are concluded between you and us only, and not with Apple, and therefore, we, not Apple, are solely responsible for the App and the content thereof.
The licence granted to you for the App is limited to a non-transferable licence to use the App on an iPhone, iPad or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms and Conditions.
We, not Apple, are solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms. We both acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Terms. 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 (if any) for the App to you. To the maximum extent permitted by 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.
We both acknowledge that we, not Apple, are responsible for addressing any claims by you or any third-party relating to the App or your use or possession of the App, including, but not limited to (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
We both acknowledge that, 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 Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
We both acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
Last updated: November 2017