(Last revised 15th April 2016)
Use includes downloading or using the App or using or registering to use the Service. By using the App or the Service, you confirm that you accept the Applicable Terms (as updated from time to time) and that you agree to comply with them. If you do not agree to this, you must not use the App or the Service.
Information about us
The App and the Service are supplied by Ruud Enterprise Ltd (we, our or us), a company registered in England and Wales under company number 8647609. Our registered office is 145-157 St John Street, London EC1V 4PW, United Kingdom and our main trading address is 33 Cannon Street, London, EC4M 5SB. Our VAT number is 171 7685 80.
To contact us, please e-mail email@example.com.
The Applicable Terms are additional to and without prejudice to any Application Store terms and conditions or policies.
Changes to these terms
Changes to The App or Service
We may update the App or the Service from time to time but are under no obligation to do so. We do not guarantee the App or the Service will be free from errors or omissions.
Downloading the App and using the Service
The Service may only be used at a specific Event. The purposes of the Service include the sharing of photos and videos of the Event and its attendees between its attendees and on social media (where permitted), the commenting on and interaction with such media, the sharing of that media and other content at the Event on screens at the Event, the running of competitions by a Host at the Event (where applicable), and the collation of that media and its delivery to a Host after the Event.
The App may be downloaded free of charge from an Application Store (any minimum software requirements will be stated on the relevant Application Store). The Service may be used by you free of charge during an Event. However, all such use is subject to the purchase of a licence or licences by a Host in relation to the Event and some features require an enhanced licence to be purchased by that Host. Please note that the use of the App and the Service on the Device will be subject to any rates and fees charged by your mobile communications service provider and any WiFi fees that specific venues may charge. Printed products incorporating content that has been contributed to the Service may also be offered for sale at or after the Event.
We do not guarantee that the Service will always be available or be uninterrupted. Access to the Service is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Service without notice. We will not be liable to you if for any reason the Service is unavailable at any time during an Event or otherwise.
You are responsible for making all arrangements necessary for you to have access to the App. You are also responsible for ensuring that all persons who access the App or the Service through your Device are aware of the Applicable Terms, and that they comply and agree with them.
You may not use the Service if you are a child under the age of 13. Use of the Service by a child aged 13 of over is subject to the consent of their parent or guardian. We advise parents who permit their children to use the Service that it is important that they communicate with their children about their safety online. Minors who are using any interactive service should be made aware of the potential risks to them.
Your account and password
By using the Service, you warrant that all data provided by you is accurate. You may not provide any false personal information or create an account in someone else’s name.
Any user password must be kept confidential and not disclosed to any third party. If you know or suspect that anyone knows your password, you must promptly notify us at firstname.lastname@example.org. Unique Event passcodes must not be disclosed to anyone other than attendees at the Event.
We have the right to disable any password at any time if in our reasonable opinion you have failed to comply with any of the provisions of the Applicable Terms.
We do not guarantee that the App will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the App and use the Service. You should use your own virus protection software.
Our intellectual property rights
We are the owner or the licensee of all intellectual property rights in the App and the Service. Those works are protected by laws and treaties around the world. All such rights are reserved.
You must not use any part of the App for any purpose other than use of the Service and may not use the Service other than the purposes for which it is intended. To make any other use of the App or the Service, please contact email@example.com.
SCRIPIN are UK, EU and US registered trade marks of Ruud Enterprise Ltd.
The Service may be moderated by, or on behalf of, a Host but will not necessarily be moderated. We are not responsible for content contributed to the Service, which shall be viewed or used at your own risk. You may report any content on the Service which you believe infringes our Content Standards by clicking “Report” within the App, e-mailing us at firstname.lastname@example.org or informing a suitable representative of the Host of the relevant Event. We cannot guarantee, however, that we or they will take action.
You may use the App and the Service only for lawful purposes and not:
You may not:
By breaching the previous provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.
Contributing content to the Service
You warrant that you are the owner or the licensee of all intellectual property rights in any content you upload or provide (contribute) to the Service. Any such content will be considered non-confidential and non-proprietary.
By contributing any content to the Service, you grant a worldwide, non-exclusive, perpetual, royalty-free licence (without requiring any further consent from or any compensation to you or others and waiving all moral rights in such content) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute and disclose to third parties any such content in any media or distribution method (whether existing now or in the future):
If you delete any content from the Service (which you may only do during the specified period that relevant Event is ‘live’ and you have access to it), this licence will terminate in respect of that content. That content may still exist on a back-up copy for the Service, but this will not be available to others (including a Host). It may, however, have been shared or copied by other attendees before you deleted it.
Once the Event has ended, your content (excluding content you have deleted) will available with that of other attendees for export by a Host for a period of 3-12 months, depending on the terms of our contract with the Host. Any content may still exist on a back-up copy for the Service for a period of 12 months unless the Host instructs us to delete it sooner.
Given the social nature of the Service, you should not contribute any content you do want others to see or which you want to or must protect. We will not be responsible or liable if your content is used or shared by a Host, other attendees at the Event or someone you have otherwise shared with.
You warrant that any content you contribute complies with the Content Standards, and you will be liable to us and indemnify us for any breach of that warranty, meaning you will be responsible for any loss or damage we suffer as a result of your breach.
We have the right to disclose your identity to any third party who is claiming that any content contributed by you to the Service constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content posted by you or any other user of the Service by you or any other user.
We have the right to remove any content from the Service if, in our opinion, it does not comply with our Content Standards.
The views expressed by other users on the Service do not represent our views or values.
All content you contribute to the Service must comply with applicable law in the UK and in any country from which they are posted. Any factual content must be accurate; any opinions must be genuinely held. Any content you contribute must not infringe the intellectual property rights of any third party.
Content must: (a) not be (or be likely to be) defamatory, obscene, offensive, hateful, upsetting, embarrassing, alarming, inflammatory, violent, sexually explicit, discriminatory, illegal, in breach of any legal duty to any third party (e.g. breach of confidence), nor should it promote any of these things; (b) not impersonate anyone, misrepresent your identity or affiliation with anyone or endorsement by anyone (including us); and (c) not invade or threaten anyone’s privacy.
Limitation of our liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the App or the Service, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
· any loss, damage or destruction to any content you have contributed.
You are permitted only to use the App and the Service for personal use and not for any commercial or business purposes. We will not be liable to any user for: (a) loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; (d) loss of business opportunity, goodwill or reputation; or (e) any indirect or consequential loss or damage.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your Device, programs, data or other proprietary material due to your use of the App or the Service.
We assume no responsibility for the content of websites or applications linked through the Service. Such links should not be interpreted as endorsement by us of them. We will not be liable for any loss or damage that may arise from your use of them.
Subject to the above exclusions, our total liability to you in respect of all losses arising under or in connection with the App, the Service or the Applicable Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £100.
We will determine, in our discretion, whether there has been a breach of the Applicable Terms. If you breach or fail to comply with any of the Applicable Terms or create any potential legal exposure for us whatsoever, we may suspend or terminate your right to use the App or the Service without notice. This may include the deletion or deactivation of your account and/or deletion of your content, in each case whether immediate, temporary or permanent. It may also result in: legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; or disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of the Applicable Terms. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.
Law, jurisdiction and other terms
The Applicable Terms constitute the entire agreement between us and supersede and extinguish all previous agreements, warranties, representations and understandings relating to their subject matter.
If any provision or part-provision of the Applicable Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified or deleted to the minimum extent necessary to make it valid, legal and enforceable without affecting the validity and enforceability of the rest of the Applicable Terms.
If we fail or delay to exercise any right or remedy provided under the Applicable Terms, this shall not constitute a waiver or restrict us from exercising that or any other right or remedy. No single or partial exercise of such right or remedy shall restrict us from exercising that or any other right or remedy.
You may not assign or transfer with any of your rights or obligations under the Applicable Terms. No third party shall have any right to enforce any of the Applicable Terms other than any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006.
The Applicable Terms, their subject matter and formation (and any non-contractual disputes or claims), are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.