END-USER LICENCE AGREEMENT
THIS AGREEMENT is dated 29th July 2016
PLEASE READ CAREFULLY BEFORE DOWNLOADING OR STREAMING THE APP FROM THIS WEBSITE.
This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and Popbox Limited (Company Number 08947698) of Picton Street Media, 52 Picton Street, Bristol, Avon, BS6 5QA (Licensor, us or we) for:
- POPBOX v0.x mobile application software, the data and content (other than the User Content) supplied with the software (App);
- any of the content generated by users of the App which may from time to time be accessible through the App, including but not limited to any video clips or live streams of any performances or any comments on any other person’s performances, in each case whether generated and uploaded by you or on your behalf (Your Content) or by a third party (Third Party Content) (together the User Content); and
- any services which may from time to time be accessible through the App, including but not limited to services in connection with the User Content (Services).
We license use of the App and the User Content to you on the basis of this EULA and subject to any rules or policies applied by any Appstore (Appstore Rules). For the purposes of this Agreement, Appstore means the app store provider or operator from whose site you downloaded the App. We do not sell the App or User Content to you. We remain the owners of the App and the User Content at all times.
OPERATING SYSTEM REQUIREMENTS THIS APP REQUIRES A TYPE OF MOBILE TELEPHONE, TABLET OR OTHER HANDHELD DEVICE WITH AN OPERATIONAL CAMERA AND MICROPHONE, INTERNET ACCESS AND THE ANDROID OPERATING SYSTEM VERSION 5.0. YOU MUST ALSO HAVE AN INSTAGRAM, TWITTER OR FACEBOOK ACCOUNT TO BE ABLE TO REGISTER TO USE THIS APP.
- IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE APP AND DOCUMENTS TO YOU AND YOU MUST STOP THE DOWNLOADING PROCESS NOW BY CANCELLING IT. IN THIS CASE THE DOWNLOADING PROCESS WILL TERMINATE. IF THE APP OR ANT PART OF IT HAS ALREADY DOWNLOADED THEN YOU MUST IMMEDITAELY UNINSTALL THE APP.
You should print a copy of this EULA for future reference.
1.1 The terms of this EULA apply to the App, the User Content and the Services, including any updates or supplements to the App, any User Content or any Services. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.
1.2 We may change these terms at any time by sending you an SMS with details of the change or notifying you of a change via a push notification on your Device or when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App and/or your access to certain User Content and/or use any of the Services and/or to download and update or the latest version of the App.
1.3 From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to otherwise use the App, certain User Content or Services until you have downloaded the latest version of the App and accepted any new terms. Downloading the update or latest version of the App means you accept and agree to those new terms.
1.4 You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 2.2(a) (Devices) and to download a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. We particularly draw your attention to this given that your use of the App and/or any Service often involves the downloading and/or uploading and/or streaming of video clips and large amounts of data. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
1.6 By using the App, accessing or uploading any User Content or using any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for the Services that are internet-based or wireless to improve our products and to provide any services to you.
1.7 The App and/or the Services may make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use the App and/or the Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. You may withdraw this consent at any time by turning off the location services settings for the App on the Devices.
1.8 The App, the User Content and/or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
1.9 Unless otherwise expressly stated, if we grant you any points or credits via the App, for example as a result of you winning any game played using the App, then these may only be exchanged as described within the App and do not have any monetary value.
1.10 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
2. Grant and scope of licence
2.2 You may:
(a) download or stream a copy of the App onto Devices and to view, use and display the App on those Devices;
(b) access, view, use and display the User Content on the Devices; and
(c) access and use the Services on the Devices,
in each case, for your personal purposes only and not for any commercial purpose whatsoever.
3. Licence restrictions
Except as expressly set out in this EULA or as permitted by any local law, you agree:
(a) not to copy the App or any User Content except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or the User Content (except to the extent the App allows for modifications by you to Your Content);
(c) not to make alterations to, or modifications of, the whole or any part of the App or any User Content (except to the extent the App allows for modifications by you to Your Content) or permit the App or any User Content or any part of either of them to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that such actions cannot be prohibited by law (because they are essential for the purpose of achieving inter-operability of the App with another software program), and provided that the information obtained by you during such activities:
(i) is used only for the purpose of achieving inter-operability of the App with another software program;
(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(iii) is not used to create any software that is substantially similar to the App;
(e) to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
(f) to include our copyright notice on all entire and partial copies you make of the App or any User Content on any medium;
(g) not to provide or otherwise make available the App in whole or in part (including object and source code) or any User Content, in any form to any person without prior written consent from us; and
(h) not to make any copies of any of Your Content or to create any material that is the same as or similar to the material in any of Your Content, in each case, other than for your own personal use or as otherwise agree in writing with us; and
(i) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology),
together the Licence Restrictions.
(a) not use the App, any User Content or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any User Content, any Service or any operating system;
(b) not infringe our intellectual property rights or those of any third party in relation to your use of the App, any User Content or any Service, including in the submission of any of Your Content or other material (to the extent that such use is not licensed by this EULA);
(c) not transmit, upload, stream or display or attempt any of those things in connection with any of Your Content or other material that is defamatory, offensive, obscene, sexually explicit, violent, exhibits or promotes illegal or unlawful activity or otherwise objectionable in relation to your use of the App or any Service;
(d) not use the App, any User Content or any Service in any way that is or is likely to deceive, harass, annoy or be inflammatory to any other person;
(e) ensure if you include in any of Your Content or other material the name or image of any person that you have their permission to do so and for their name and image to be used as part of Your Content both within the App and otherwise entirely at our discretion;
(f) ensure if you include in any of Your Content or other material the materials of any third party that you have all necessary rights and permissions to do so;
(g) you must not use the App, any User Content or any Services to invade the privacy of any person;
(h) not use the App, any User Content or any Service for any marketing or promotional or other commercial purposes;
(i) not use the App, any User Content or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
(j) not collect or harvest any information or data from any User Content, Service or our systems or attempt to decipher any transmissions to or from the servers storing any User Content and/or running any Service; and
(k) comply with any rules or instructions that are notified by us to you from time to time via the App in connection with your use of the App, any User Content, or the Services,
together Acceptable Use Restrictions.
5. User Content
5.1 To upload, download or stream any User Content you will first need to register and open an account on the App by providing the details requested by us via the App from time to time.
5.2 You acknowledge and agree that it is entirely at our discretion whether or not permit any of Your Content to be uploaded or streamed or otherwise made available using the App, for how long it can be available to use or view on the App and if and when any of the Your Content is to be removed from the App.
5.3 You acknowledge and agree that we are entitled without any notice to you to remove and delete any User Content from the App and any other storage place at any time and for any reason and that we are not obliged to provide you with a copy or to permit you take a copy of any User Content even if it is Your Content.
5.4 Without prejudice to condition 5.3, if any of Your Content breaches any term of this EULA then we shall be entitled to immediately remove it and delete it from the App.
5.5 You acknowledge and agree that all of Your Content may be made available to and viewed by third parties and that such third parties are entitled to judge any or all of the Your Content and make comments on it, which may include criticism, and which may be factually incorrect or offensive or otherwise in breach of any EULA that third party has entered into with us. We may, but are not obliged, to moderate the comments of third parties and accordingly you upload and/or stream any Your Content to the App entirely at your own risk and you do not have any claim against us in connection with any comments made by third parties.
5.6 You acknowledge and agree that even if you request to erase any of Your Content we will only use our reasonable endeavours to make it unavailable for viewing by other users of the App, but that this does not otherwise affect our ownership of the intellectual property in the applicable Your Content nor our right to make any other use of it.
6. Intellectual property rights
6.1 You acknowledge that all intellectual property rights in the App, the User Content, the Services and the Technology anywhere in the world belong to us or our licensors, that all such rights are licensed (not sold) to you, and that you have no rights in, or to, the App, the User Content, the Services or the Technology other than the right to use each of them in accordance with the terms of this EULA.
6.2 You acknowledge that you have no right to have access to the App in source-code form.
6.3 You hereby assign to us all existing and future intellectual property rights (including, without limitation, copyright and related rights) in all Your Content that you upload to the App as from the date it is first uploaded. If requested by us, you agree that you will promptly execute all documents and do all acts as may, in our opinion, be necessary to give effect to this condition. You hereby waive all moral rights that you have in any existing Your Content or that you will have in any future Your Content and you agree that you will ensure that any other person appearing in Your Content has also waived any moral rights they may have in connection with that Your Content. You acknowledge, as we will own all Your Content, that we are entitled to use it for any purpose whatsoever and entirely at our own discretion, provided that we at all times comply with applicable English law.
6.4 We hereby grant you a worldwide, royalty free, non-exclusive licence to use and reproduce all Your Content provided it is at all times for your own personal use. You may share Your Content with third parties provided such sharing is not for any commercial purpose and provided such third parties only use Your Content for their own personal use.
7. Additional terms: Appstore Requirements
7.1 This EULA is an agreement between you and us and not with the Appstore. The Appstore is not responsible for the App, the Services or any content in any of them (including the User Content).
7.2 The Appstore has no obligation to provide any maintenance and support service in relation to the App, the User Content or the Services.
7.3 The Appstore is not responsible for the investigation, defence, settlement and discharge of any third party intellectual property infringement claim.
7.4 The Appstore is not responsible for addressing any claims by you or a third party relating to the App, the User Content or the Services including but not limited to (a) product liability claims (b) any claim that the App, the User Content or the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
7.5 In the event of a failure by us to comply with any applicable warranty, the Appstore may refund any purchase price to you if you contact the Appstore, but the Appstore shall not have any other warranty obligation in respect of the failure to conform to any warranty.
7.6 The Appstore and the Appstore’s beneficiaries are third party beneficiaries of the terms of this EULA and will have the right to enforce the terms of this EULA against you.
7.7 You warrant to us that you are not located in a country that (a) has been subject to a US Government embargo, or designated by the US Government as a “terrorist supporting” country and (b) you are not listed on any US Government list of prohibited or restricted parties.
8. Limitation of liability
8.1 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.
8.2 When generating any of Your Content or undertaking any activity in connection with the generation of any of Your Content it is your responsibility to ensure that you have the necessary skill, ability and level of fitness to do so and that you do so in a safe environment and in compliance with all applicable health and safety laws. We will not have any liability to you for any death or personal injury except to the extent set out in condition 8.6.
8.3 We only supply the App, User Content and the Services for domestic and private use. You agree not to use the App, User Content and the Services for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.4 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in condition 8.5, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we and you entered into this EULA.
8.5 Our maximum aggregate liability under or in connection with this EULA whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £100 (one hundred pounds). This does not apply to the types of loss set out in condition 8.6.
8.6 Nothing in this EULA shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any other liability that cannot be excluded or limited by English law.
9.1 We may terminate this EULA immediately by notice to you:
(a) if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
(b) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and
(c) where expressly stated in the Game Rules.
9.2 On termination for any reason:
(a) all rights granted to you under this EULA shall cease;
(b) you must immediately cease all activities authorised by this EULA, including your use of the App, the User Content, the Documents and any Services;
(c) you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and the Documents then in your possession, custody or control and, upon request, certify to us that you have done so.
10. Communication between us
10.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to Popbox Limited at Picton Street Media, 52 Picton Street, Bristol, Avon, BS6 5QA and email@example.com. We will confirm receipt of this by contacting you in writing, normally by e-mail.
10.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App.
11. Events outside our control
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
11.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
(a) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
(b) we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
12. Other important terms
12.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
12.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
12.3 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.4 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
12.5 Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.
This Agreement has been entered into on the date stated at the beginning of it.
Popbox Limited are committed to protecting and respecting your privacy.
SCOPE OF POLICY
This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purpose of the Data Protection Act 1998, the data controller is Popbox Limited of The Shop, 52 Picton Street, Bristol, Avon, BS6 5QA.
INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following data about you:
Information we collect about you and your device. Each time you use the App we may automatically collect the following information:
- technical information, including the type of mobile device you use, a unique device identifier (for example, your Device’s IMEI number, the MAC address of the Device’s wireless network interface, or the mobile phone number used by the Device), mobile network information, your mobile operating system, the type of mobile browser you use, time zone setting, the Device’s UUID and the Device’s hardware serial number (Device Information).
- information stored on your Device, including contact information, friends lists, login information, photos, videos or other digital content and check ins (Content Information);
- details of your use of the App including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access (Log Information).
Location information. We may also use your Device’s location services to determine your current location. Some of our location-enabled Services require your personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by turning off this functionality through the location services settings for the App on the Device or by uninstalling the App (Location Information).
Information we receive from other sources (Third Party Information). We are working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
Unique application numbers: when you install or uninstall an App or Service containing a unique application number or when such a Service searches for automatic updates, that number and information about your installation, for example, the type of operating system, may be sent to us.
Correspondence: If you contact us, we may keep a record of that correspondence.
Analytical/performance cookies. These cookies allow the number of visitors to be counted and for individual visitors to be recognised. They also identify how visitors move around a website when they are using it. They are often used for the purposes of improving the way a website works, for example, by ensuring that users are finding what they are looking for easily;
Targeting cookies. These cookies record your visit to a website, the pages you have visited and the links you have followed. This information is often used to make a website and any advertising displayed on it more relevant to your interests. Please note that this information is often shared with third parties for this purpose.
Uses made of the information
We use information held about you in the following ways:
Submitted Information: To administer the App and your account and to identify you to other users of the App. Note that this means some of your Submitted Information will be shared with other users of the App, but this will never include any of your contact details or any financial information.
Device Information: For error reporting and to enable push notifications.
Content Information: Capturing profile images and sharing Your Content with others users of the App and on social media platforms.
Log Information: To ensure our infrastructure can offer the best possible service for our users and to generally improve the user experience.
Location Information: To find other users of the App located near you and to offer location specific games, promotions and advertising.
Third Party Information: To enable in App purchases and to provide a simplified registration process
Unique application numbers: To facilitate automatic updates.
Correspondence: To provide efficient administration and customer services
We may associate any category of information with any other category of information and will treat the combined information as personal data in accordance with this policy for as long as it is combined.
We do not disclose information about identifiable individuals to our advertisers, but we may provide them with anonymous aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience.
Disclosure of your information
We may disclose some or all of the data we collect from you when you download or use the App to the following third parties:
|Category of data||Recipient|
|Submitted Information: Username, screen name and avatar||All other users|
|Device Information: device manufacturer, model, operating system and connection type||Third party advertisers|
|Location Information: coarse location data||Third party advertisers and other users|
We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- If Popbox Limited is, or substantially all of its assets are, acquired by a third party, in which case personal data held by it about its customers / users of its games will be one of the transferred assets.
- If we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request.
- In order to:
- enforce or apply the EULA and any other agreements or to investigate potential breaches; or
- protect the rights, property or safety of Popbox Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction;
- manage and administer our IT systems and to work with third parties that otherwise help support our business;
- run and administer competitions and to manage and provide prize allocation and distribution.
Where we store your personal data
All information you provide to us is stored on our secure servers. Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted using Secured Sockets Layer technology. Where we have given you (or where you have chosen) a password that enables you to access any part of the App, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. We will never ask you for your password.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the App; any transmission is at your own risk. Once we have received your information, We will use strict procedures and security features to try to prevent unauthorised access.
We may collect and store personal data on your Device using the Device’s local storage.
Certain Services include social networking, chat room or forum features. Ensure when using these features that you do not submit any personal data that you do not want to be seen, collected or used by other users.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on any forms we use to collect your data or at any time by contacting us at Popbox Limited at Picton Street Media, 52 Picton Street, Bristol, Avon, BS6 5QA and firstname.lastname@example.org.
The App may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates (including, but not limited to, websites on which the App or the Services are advertised). If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that We do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services.
Access to information
The Data Protection Act 1998 gives you the right to access information held about you. Your right of access can be exercised in accordance with that Act. Any access request you make to us may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you. Note that if you registered via a third party app or website we may not have access to the information about you that they hold and you may need to contact them separately and they may also charge you a fee.