Terms & Conditions

Terms & Conditions

Zappar Terms of Use

 

1. Legal relationship

 

1. These terms of use (“Terms of Use”) are used by Zappar Limited (”Zappar”). The Terms of Use govern your access to and use of Our applications (“Apps”), products, services, software and websites (together the “Zappar Services”) including without limitation access to content and functionalities provided by Zappar (“Zappar Content”) or by third parties (”Third Party Content”) (together the “Content”).

 

2. In these Terms of Use “You” and ”Your” refer to you, the person using the Zappar Services or registered as a user of Zappar Services and “We”, ”Us” and “Our” refers to Zappar and its holding companies, subsidiaries and other group companies as the case may be.

 

3. By accessing or using the Apps, the Zappar website (the “Site”) and/or any of the Zappar Services, You agree to be bound by these Terms of Use (as amended from time to time) which constitute a binding legal agreement between You and Us.

 

4. We reserve the right to change the Terms of Use from time to time at Our sole discretion and Your use of the Zappar Services will be subject to the most current version of the Terms of Use posted on the Site or available within the Apps at the time of such use. We recommend that You read through the Terms of Use from time to time so that You can be sure that You are aware of the latest version. If You breach any of the Terms of Use, Your authorisation to use the Zappar Services automatically and immediately terminates and You must immediately cease use of the Zappar Services and remove any materials downloaded from the Zappar Services from Your computer systems and devices.

 

5. If You are under the age of 18, You must read these Terms of Use with a parent or legal guardian. If You are under the age of 13, We recommend that You have their permission to use the Zappar Services and before submitting or sharing any personal details or content with Us or any other user of the Zappar Services.

 

2. The Zappar Services

 

Provision of the Zappar Services

 

1. Zappar is a mobile platform which provides users with the ability to create, explore, search and share augmented reality and vision based experiences through the Zappar Services.

 

2. You agree that the form and nature of the Zappar Services may change from time to time without prior notice to You, including without limitation bug fixes, patches and new versions (“Updates”). We are entitled to install such Updates automatically.

 

3. You agree that We may permanently or temporarily stop providing the Zappar Services or any parts of the Zappar Services at Our sole discretion without prior notice to You. You may be prevented from accessing the Zappar Services, including without limitation access to content You create, submit, post, display or share on or through the Zappar Services (“User Generated Content”). Also, although We will normally only remove User Generated Content that violates these Terms of Use, We reserve the right to remove any User Generated Content for any reason, without prior notice. Deleted User Generated Content may be stored by Us in order to comply with certain legal obligations and is not retrievable without a valid Court order. Consequently, We encourage You to maintain Your own backup of Your content. We will not be liable to You for any modification, suspension, or discontinuation of the Zappar Services or loss of any Content.

 

Third Party Content

 

4. When providing You access to Third Party Content, Zappar acts on behalf of the owner and/or controller of such Third Party Content (“Licensor”). The name of such Licensor may be explicitly stated in the Third Party Content and/or a splash screen when accessing such Third Party Content.

 

5. You understand and accept that the Third Party Content or parts of the Third Party Content may be protected by intellectual property rights of the Licensor or other third parties. You may not reproduce, copy, alter, sell or distribute the Third Party Content in any way, including without limitation by uploading the content to a website, unless expressly permitted to do so by the owner and/or controller of the Third Party Content.

 

Third party services

 

6. The Zappar Services may contain links to applications, websites and microsites operated by third parties that are not under Our control and are provided to You for Your convenience only. We make no warranties or representations whatsoever about any other website or service which You may access through the Zappar Services.

 

7. Without limiting the foregoing, these third party applications or websites are in no way approved, vetted, checked or endorsed by Us and You agree that We shall not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such applications or sites. If You choose to access a website or application beyond Our control, You do so at Your own risk. In addition, use of any such third party website, application or microsite may be subject to Your acceptance of additional terms and conditions and privacy policies, which will have no impact on the applicability of these Terms of Use.

 

Advertising and sponsorship

 

8. Part of the Site and/or the Apps may contain third party advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site or within the Apps complies with relevant laws and codes. We will not be responsible to You for any error or inaccuracy in any third party advertising and sponsorship material.

 

3. Access and use of the Zappar Services

 

1. Access to Content contained within the ZAPPAR App is only available via devices which are supported in Your country of residence. Please check that Your device is supported before downloading and installing the ZAPPAR App.

 

2. You may not use the Zappar Services in any improper or unlawful manner or in breach of any legislation or licence that applies to You.

 

3. You agree that You are solely responsible for any User Generated Content created, submitted, posted, displayed and/or shared by You on or via the Zappar Services and any consequences thereof. User Generated Content includes without limitation data, text, information, screen names, graphics, photos, profiles, audio and video clips, and links.

 

4. Without limiting the foregoing, You agree that when using the Zappar Services You will not:

 

  1. abuse, harass, threaten or intimidate other users of the Zappar Services or disclose personal information about others that could amount to abuse, harassment, threats or intimidation;
  2. publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, harmful, confidential, libellous, hateful, threatening or otherwise illegal material or information or anything which might constitute a criminal offence or give rise to a civil liability either for You or Us;
  3. publish, post, upload, store, distribute or disseminate nude, partially nude or sexually suggestive photos or videos;
  4. interfere with any other person’s use or enjoyment of the Zappar Services, including without limitation creating or submitting unwanted email or comments to Zappar users;
  5. upload files that contain software or other material which are the Intellectual Property Rights of any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents;
  6. upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Zappar Services;
  7. create multiple logins;
  8. impersonate others;
  9. promote any activity that is illegal; or
  10. use software to harvest information from the Zappar Services.

 

We may, but have no obligation to, remove User Generated Content and accounts containing User Generated Content that We determine in Our sole discretion is unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or privacy right or any of the conditions set out above.

 

5. You agree that You will not use, copy, download, extract or reutilise any part of the Zappar Services or any Content, or use or allow any third party to use, copy, download, extract or reutilise any part of the Zappar Services or Content for any commercial purpose

 

6. You agree to comply with all reasonable instructions that We may give You regarding the use of the Zappar Services.

 

7. You are responsible for obtaining (at Your own cost) all necessary equipment and telecommunications services required to access and use the Zappar Services. You are responsible for ensuring that no one uses Your equipment to access the Zappar Services without Your permission. We will be entitled to assume that anyone who accesses the Zappar Services using Your equipment or device has Your permission to do so and You will be liable for any charges or any other costs, liabilities or damages that may be incurred by any such person.

 

4. Registration

 

1. You do not at this time need to register as a member in order to download and use the ZAPPAR App, but in order to access certain features of the Zappar Services (e.g. Bunny Mail™ or photo share), you may need to either (1) confirm your country and age and/or (2) register as a user. If You are using the Zappar Services and have not yet registered as a user, Your use of the Zappar Services is still subject to these Terms of Use.

 

2. As part of any registration process You may need to submit an email address, user name and password which, if verified by Us, will be the email address, username and password that You will be required to submit each time You log in to use the relevant feature of the Zappar Services.

 

3. You must ensure that the details provided by You on registration or at any time are correct and complete. You must inform Us immediately of any changes to the information that You provided when registering by updating Your personal details in order that We can communicate with You effectively.

 

4. It is Your responsibility to keep Your username and password secret. We will be entitled to assume that any person logging into Zappar Services using Your username and password is either You or someone doing so with Your permission. You will be responsible and liable for any actions of any person logging into or using Zappar Services with Your username and password (including without limitation, posting, sending or sharing User Generated Content). Therefore, You should notify Us immediately if You suspect that anyone else knows Your username and password or that anyone has accessed Your account. We may at any time require You to change Your username and/or password for any reason.

 

5. We may at any time and for any reason refuse to accept a registration to use any Zappar Services from any person.

 

6. You are responsible for Your relationship with other users of the Zappar Services. However, We reserve the right, but are not obliged, to monitor disputes between You and other users.

5. Intellectual property and licenses

 

1. For the purposes of these Terms of Use, “Intellectual Property Rights” means patents, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs.

 

2. The Zappar™ and Zappar Powered™ logos and all other trade marks, straplines, graphics and logos used on or in connection with the Zappar Services are unregistered or registered trade marks or service marks of Zappar Limited and/or its licensors.

 

3. We do not make any warranty or representation in respect of the ownership or origin of any Third Party Content or User Generated Content included in the Zappar Services.

 

4. All Intellectual Property Rights in and to the Zappar Services and all Content and materials therein are owned by and shall remain owned by Us or Our licensors. We grant You a revocable, single user, worldwide, non-assignable, royalty-free, non-exclusive license to use the Content provided to You by Us or Our licensors as part of the Zappar Services, subject to the following conditions:

 

1. the Content may only be used for Your personal and non-commercial purposes;

2. the Content shall not be reproduced or included in any other work or publication in any medium without Our prior written consent;

3. the Content may not be modified or altered in any way;

4. the Content may not be distributed or sold to any third party;

5. You may not remove any copyright or other proprietary notices contained in the Content;

6. due to territorial restrictions on use You may not be able to access certain items of Content from your locality;

7. You may not reverse engineer, decompile or otherwise attempt to extract the source code of the Content.

 

5. We also grant You a revocable, single user, worldwide, non-assignable, royalty-free, non-exclusive license to use the software provided to You by Us or Our licensors as part of the Zappar Services or embedded in any Content (“Software”) in accordance with these Terms of Use. You may not modify, copy or create derivative works based on the Zappar Services. You may not reverse engineer, decompile or otherwise attempt to extract the source code of the Software.

 

6. You retain all rights in the User Generated Content provided that You grant Us a perpetual, irrevocable, worldwide, fully paid and royalty-free, assignable, sub-licensable, license to use, reproduce, adapt, modify, delete from, add to, translate, publish, display and distribute any User Generated Content for the purpose of performing, displaying, distributing and promoting the Zappar Services and Our business in any media formats and through any media channels.

 

7. You waive all moral rights You may otherwise have in the User Generated Content.

 

8. You represent and warrant that You have all necessary rights, power and authority to grant the license set out in Clause 5.6. In particular, You represent and warrant that You own or otherwise are entitled to all necessary Intellectual Property Rights in Your User Generated Content.

 

6. Disclaimers

 

1. We will exercise all reasonable skill and care in providing the Zappar Services. However, We are not able to guarantee and cannot be responsible for the accuracy, completeness, subject matter or reliability of any Content, in particular any Third Party Content and User Generated Content.

 

2. Therefore, except as expressly provided in these Terms of Use, the Zappar Services and all materials and information provided by Us are provided on an “as is” basis without guarantee of any kind and any conditions, statements and warranties (including, but not limited to, any warranty of fitness for a particular purpose or non-infringement) are excluded to the fullest extent permissible by law.

 

3. Without limiting the foregoing, We cannot guarantee and do not promise that the Zappar Services and all materials and information provided through them will meet Your requirements or that You will not be exposed to Content which You may find objectionable. Therefore We advise You to check any materials or information provided to You through the Zappar Services as any reliance that You place on the accuracy, completeness or reliability of that information is entirely at Your own risk.

 

4. You are responsible for taking any necessary precautions to protect Yourself and Your devices and computer systems from viruses, worms, trojan horses and other harmful or destructive content.

 

5. We recommend that You always pay close attention to the environment in which You are using the ZAPPAR App, to ensure that You do not harm Yourself or others. You understand and accept that the use of the Zappar Services is at Your own risk. Subject to clause 8.1 (see LIMITATION OF LIABILITY), You are solely responsible for any damage that Your use of the Zappar Services may cause to You, Your property or third parties.

 

 

 

 

7. Warranties and indemnity

 

1. You represent and warrant that:

 

  1. Your use of the Zappar Services will be in accordance with these Terms of Use and all applicable laws and regulations; and
  2. Your use of the Zappar Services will not infringe the Intellectual Property Rights, privacy rights or any other rights of any third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of the User Generated Content You post or transmit on or through the Zappar Services.

 

2. You agree that You shall indemnify and hold harmless Us and Our employees, officers and Our licensors (each an “Indemnified Party”) from and against any and all losses, liabilities, claims, damages, costs and expenses, including without limitation reasonable legal fees (“Claims”) suffered or incurred by Us or any Indemnified  Party arising out of any breach by You of these Terms of Use. We will notify You of any such Claims and keep You informed as to the progress of such Claims.

8. Limitation of liability

 

1. Nothing in these Terms of Use limits or excludes Our liability for: (a) death or personal injury caused by Our negligence; (b) any loss suffered by You as a result of Your reliance on any fraudulent misrepresentation made by Us to You; or (c) any other liability which may not by law be limited or excluded.

 

2. Subject to clause 8.1, You agree that We shall not be liable to You for: (a) any direct loss, claim or damage; or (b) any indirect loss, claim or damage, or any punitive, exemplary, MULTIPLE, special, incidental or consequential damages of any kind ; or (C) lost savings or loss of opportunity; or (D) loss or corruption of data; or (E) any loss of profit or business (whether direct or indirect); or (F) loss of goodwill or injury to reputation, in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with: (i) any use of the Zappar Services; or (ii) any failure or delay in the use of any component of the Zappar Services including, without limitation, any unavailability of the Zappar Services irrespective of duration of any period of unavailability; or (iii) any use of or reliance upon any information, material, software, products, services and related graphics obtained through the Zappar Services, in all cases even if We have been forewarned of the possibility of such loss or damage.

 

3. Without limiting the effect of clause 8.2, due to the inherent risks of using the internet and applications, We cannot be liable for any damage to, or viruses that may infect, Your computer equipment, mobile device or any other property when using the Zappar Services. The downloading or other acquisition of any materials or information through the Zappar Services is done at Your own discretion and risk and with Your agreement that You will be solely responsible for any damage to Your computer system, device or other property, or loss of data, that results from the downloading or acquisition of any such materials.

 

9. Costs and payment

 

1. You understand and accept that You are solely responsible for all costs involved with using the Zappar Services.

 

2. In order to access certain Zappar Content and/or Third Party Content (“Paid Content”), You may have to make a payment, in which case You will be required to register as a user.

 

3. All payment for Paid Content will be carried out by a third party payment provider and will be subject to the terms of use provided by such third party operator. The payment provider will be responsible for the fulfilment of Your order and all questions, comments and complaints about any such order should be made to the payment provider. We cannot accept any liability for any failure by a payment provider to fulfil any order or for any defect in any item(s) supplied to You by them.

 

10. Termination

 

1. We may cease the provision of the Zappar Services or any features or functions of the Zappar Services, or terminate Your registration at any time in Our sole discretion for any reason whatsoever.

 

2. You shall be entitled to terminate Your registration for any Zappar Services at any time by written notice to Us at contact@zappar.com. You understand and accept that, upon termination, You will have to stop using those Zappar Services immediately.

 

3. Termination of Your registration or right to use any Zappar Services (or features or functions thereof), howsoever caused, shall not affect the accrued rights and liabilities of either You or Us as at the time of such termination.

 

11. Data protection and privacy

 

We will only use any personal information that We may collect about You in accordance with Our privacy policy. Please click here to view Our privacy policy. This policy forms an essential part of these Terms of Use and it is important that You read it. By accepting these Terms of Use You also accept and consent to Our privacy policy.

 

12. International Use

 

1. We make no promise that Content which is available via the Zappar Services is appropriate or available for use in every country, and accessing the Zappar Services and/or downloading Content from territories where its contents are illegal or unlawful is prohibited. If You choose to access the Site or use our App from locations outside of the United Kingdom, You do so on Your own initiative and are responsible for compliance with local laws.

 

2. Due to possible territorial restrictions on the use of underlying third party rights, We make no promise that, if You purchase a Zappar Powered™ product in one country, You will necessarily be able to access the augmented reality features of that product from countries outside the original country of purchase. You are responsible for checking that the augmented reality features will be available on supported devices in the country where You live, before purchasing a Zappar Powered™ product.

12. General

 

1. Any failure or delay by Us to enforce any of Our rights under these Terms of Use is not to be taken as or deemed to be a waiver of that or any other right unless We acknowledge and agree to such a waiver in writing.

 

2. We shall not be responsible for any breach of these Terms of Use caused by circumstances beyond Our reasonable control.

 

3. These Terms of Use are not intended to be for the benefit of, and shall not be exercisable by, any person who is not a party to these Terms of Use whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

 

4. If any clause or part of a clause of these Terms of Use is, or becomes, invalid, illegal or unenforceable, the remainder of these Terms of Use shall remain valid and enforceable.

 

5. These Terms of Use set out the full extent of Our obligations and liabilities to You and replace any previous agreements and understandings between Us and You.

 

6. Subject to clause 8.1 (see LIMITATION OF LIABILITY), You shall have no remedy in respect of any untrue statement made to You upon which You relied in entering into these Terms of Use other than any remedy You may have for breach of the express terms of these Terms of Use.

 

7. We may assign all or any of Our rights under these Terms of Use at any time without giving notice to You. You may not assign all or any of Your rights under these Terms of Use.

 

8. These Terms of Use are governed by the laws of England and Wales. We will try to resolve any disagreements quickly and efficiently. If You are unhappy with the way We deal with any disagreement and You want to take court proceedings, You must do so within the United Kingdom.

 

14. Contact details and copyright infringement

 

The Zappar Services are owned and operated by Zappar Limited. If You have any questions about the Zappar Services, please contact Us using the following details:

 

 

Zappar Limited

The Barley Mow Centre

10 Barley Mow Passage

London W4 4PH

United Kingdom


Email: contact@zappar.com


 

Zappar Limited is a limited company formed under Scottish law with company number SC394617. Our VAT registration number is 108 3635 25. The company’s registered office is located at 20 Forth Street, Edinburgh EH1 3LH, Scotland.

 

Please contact Us at contact@zappar.com if You believe that Content displayed on or linked to via the Zappar Services has violated Your copyright or other Intellectual Property Rights or your privacy rights.

 

 

LAST UPDATED: 1st MARCH 2013