WHAT MEANS WHAT?
|“Content”||means any animation, documents, images, links, sound files, videos, text, or any other content or materials which are made available to the public via the ZAPPAR Services.|
|“Intellectual Property Rights”||means patents, registered and unregistered trademarks and service marks, domain names, registered and unregistered 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.|
|“Third Party Content”||means Content which is owned or controlled by a person other than ZAPPAR, including (1) Content which is licensed to Us by a brand or an entertainment franchise and (2) Content which is made available by users of Our ZAPCODE CREATOR service.|
|“User”||means a person who makes use of the ZAPPAR Services regardless of whether or not they register with Us.|
|“User Generated Content”||means Content which a User creates, submits, uploads, posts, links to, displays or shares on or through the ZAPPAR Services.|
|“You”, “Your”||means you, the person visiting and using the ZAPPAR Website, installing and using the ZAPPAR App, or registering as a user of ZAPPAR Services.|
|“ZAPPAR”, “We”, “Our”, “Us”||means ZAPPAR Limited a limited liability company incorporated and registered in Scotland with company number SC394617 together with its holding companies, subsidiaries and other group companies as the case may be.|
|“ZAPPAR App”||means Our augmented reality interactive entertainment application for smartphones and tablets entitled ZAPPAR including all versions of that application which may be available for download from time to time from the App Store or Google Play.|
|“ZAPPAR Content”||means Content owned by ZAPPAR which We are responsible for and make available to Users via the ZAPPAR Services.|
|“ZAPPAR Website”||means the official ZAPPAR website available at www.zappar.com.|
The words “includes” and “including” are not limited in any way and mean “includes or including without limitation”.
The word “person” includes individuals, companies, corporations, partnerships, limited liability partnerships, co-operatives, associations and other natural and legal persons.
The clause and paragraph headings are for convenience only and shall not affect their interpretation.
Where a conflict, ambiguity or difference exists in the interpretation, wording or meaning of a provision or term in any of Our published policy documents, or in any written communication to You, the provision or term contained in the most recent policy document or communication shall apply.
THE ZAPPAR SERVICESAvailability and nature of the ZAPPAR Services
ZAPPAR is a mobile platform which provides Users with the ability to create, explore, search, view and share augmented reality and vision based experiences through the ZAPPAR Services.
You agree that the form and nature of the ZAPPAR Services may change from time to time without prior notice to You, including bug fixes, patches, updated and new versions (together “Updates”). We are entitled to install such Updates automatically onto Your device.
You agree that ZAPPAR may permanently or temporarily stop providing the ZAPPAR Services or any aspects of the ZAPPAR Services at Our sole discretion for any reason and without prior notice to You. Your access to the ZAPPAR Services may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
When providing Users with access to Third Party Content, ZAPPAR acts on behalf of the owner and/or controller of the rights in such Third Party Content (a “Licensor”). The name of such Licensor may be explicitly displayed in the Third Party Content and/or a splash screen when accessing such Third Party Content.
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 must not reproduce, copy, alter, create derivative works from, rent, sell or distribute the Third Party Content in any way, including by uploading the content to a website, unless expressly permitted to do so by the owner and/or controller of the Third Party Content.
As a convenience to Users, the ZAPPAR Services may contain links to applications, websites, microsites and other on-line services operated by third parties (a “Third Party Service”) that are beyond Our control and are provided to You for Your convenience only. ZAPPAR makes no warranties or representations whatsoever about any Third Party Service which You may access through the ZAPPAR Services.
Part of the ZAPPAR Website or the ZAPPAR App may contain or display third party advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the ZAPPAR Website or within the ZAPPAR App complies with relevant laws and codes. ZAPPAR will not be responsible to You for any error or inaccuracy in any third party advertising and sponsorship material.
Your communication or dealings with, or participation in promotions of, advertisers / sponsors found on or through the ZAPPAR Services, including payment and delivery of related goods or services, and other terms, conditions, warranties or representations associated with such dealings are solely between You and such advertiser / sponsor and Zappar shall have no responsibility in relation thereto.
RULES APPLYING TO ACCESS AND USE OF THE ZAPPAR SERVICESSupported devices
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 or any contractual obligations that You owe to a third party.
You are responsible for Your relationship with other Users. However, We reserve the right, but are not obliged, to monitor disputes between You and other Users.
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.
You agree to comply with all reasonable instructions that We may give You regarding the use of the ZAPPAR Services.
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 legal consequences thereof. User Generated Content includes without limitation data, text, information, screen names, graphics, photos, profiles, audio and video clips, and links.
Users accept that any personal details of third parties that are contained in their User Generated Content are subject to data protection and other legislation and regulation and the User is fully responsible for compliance with these laws and regulations. ZAPPAR requires that Users exercise due care when exchanging personal details of others as part of User Generated Content.
Without limiting the foregoing, You agree that when using the ZAPPAR Services You will not:
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;
publish, post, upload, link to, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, vulgar, 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;
publish, post, upload, link to, store, distribute or disseminate nude, partially nude or sexually suggestive photos or videos;
compromise the rights of, bring harm to, or in any way unfairly deal with children or minors;
incite, promote or encourage violent, exploitative, racist, discriminatory, socially unacceptable or irresponsible behaviour;
reveal any confidential or sensitive information about another person unless You are authorised to make that disclosure;
upload or link to 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;
interfere with any other person’s use or enjoyment of the ZAPPAR Services, including creating or submitting unwanted email or comments to Users;
upload or link to files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the ZAPPAR Services;
create multiple logins;
impersonate others or misrepresent Your affiliation with a person;
promote any activity that is illegal; or
use software to harvest information from the ZAPPAR Services.
User Generated Content will not be vetted or edited in advance by ZAPPAR and ZAPPAR exercises no editorial control over User Generated Content. Notwithstanding this, ZAPPAR may, but We have no obligation to, refuse, remove or suspend access to 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 Rights or right to privacy or any of the conditions set out in Clause 5(9) above. We may also periodically delete and/or clear out any User Generated Content that is no longer relevant or required as part of the general housekeeping procedures We carry out to improve the efficiency and performance of the ZAPPAR Services.
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.
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.
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 any posting, sending or sharing of 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.
We may at any time and for any reason refuse to accept a registration to use any ZAPPAR Services from any person.
INTELLECTUAL PROPERTY RIGHTS AND LICENSES
* The ZAPPAR Logo is a trademark of Zappar Limited that has been registered in the United Kingdom, European Union and the United States of America and is in the process of being registered in other countries.
** ZAPPAR POWERED and the ZAPPAR BOLT are unregistered trademarks of Zappar Limited.
All other trademarks, 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 or its licensors.
ZAPPAR does 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.
All Intellectual Property Rights in and to the ZAPPAR Services and all Content and materials therein are owned by and shall remain owned by ZAPPAR or Our licensors. ZAPPAR grants the User a revocable, single user, worldwide, non-assignable, royalty-free, non-exclusive, limited licence to use the Content provided to the User by Us or Our licensors as part of the ZAPPAR Services, subject to the following conditions of use:
the Content may only be used for the User’s personal and non-commercial purposes;
the Content must not be reproduced or included in any other work or publication in any medium without Our prior written consent;
the Content must not be modified or altered in any way and no derivative works must be created from the Content;
the Content must not be distributed or sold to any third party;
the User must not remove, alter or obscure any copyright, trademark or other proprietary rights notices contained in the Content;
due to territorial restrictions on use the User understands that they may not be able to access certain items of Content from their locality;
the User must not reverse engineer, decipher, decompile, disassemble or otherwise attempt to extract any algorithms, source code or other trade secrets contained in any Content.
As between You and Zappar, it is agreed that You will retain all rights in Your User Generated Content provided that You hereby grant ZAPPAR a perpetual, irrevocable, worldwide, fully paid up and royalty-free, assignable, sub-licensable licence to store, use, reproduce, adapt, modify, delete from, add to, translate, publish, display, perform, transmit and distribute your User Generated Content for the purpose of developing, performing, displaying, distributing, supporting and promoting the ZAPPAR Services (including the ‘upload’ feature described in paragraphs (11) and (12) of Clause 4) and Our business in any or all media formats and through any or all media channels.
As against ZAPPAR You hereby waive all moral rights or rights of privacy You may otherwise have in Your User Generated Content.
You represent and warrant to ZAPPAR that You have (and will continue to have for so long as necessary) all necessary rights, power and authority to grant the licence set out in Clause 7(5). In particular, You represent and warrant to ZAPPAR that You own or otherwise are entitled to all necessary Intellectual Property Rights subsisting in Your User Generated Content.
Users are free to submit comments, ideas, suggestions and recommendations to ZAPPAR with respect to the ZAPPAR Services (a “Submission”) and, in that case, the ownership rights in and to the Submission and the ideas, inventions, discoveries, works of authorship and related intellectual property rights in the Submission remain with the User; however by making the Submission the User grants to ZAPPAR an unlimited, non-exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide licence to use, copy, modify, translate, publish, display, perform, transmit, distribute, make, import, sell, offer to sell, lease, license or otherwise transfer, including the right to sub-license any of these rights to others, any Intellectual Property Rights the User may have in the Submission. This means that ZAPPAR will be free (but not obliged) to exploit and use any Submission it receives from a User in Our business in such manner as We see fit and without having to provide the User with any form of attribution or financial compensation of any kind.
ZAPPAR 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. any views expressed by users within their user generated content is theirs and not those of zappar. you acknowedge and agree that zappar does not endsorse in any way any user generated content and is not responsible or liable for any user generated content.
WITHOUT LIMITING THE FOREGOING, WE CANNOT GUARANTEE AND DO NOT PROMISE THAT THE ZAPPAR SERVICES AND THE MATERIALS AND INFORMATION PROVIDED THROUGH THEM WILL MEET YOUR REQUIREMENTS OR THAT YOU WILL NOT BE EXPOSED TO CONTENT WHICH IS FACTUALLY INCORRECT OR WHICH YOU MAY FIND OFFENSIVE, INDECENT OR OTHERWISE OBJECTIONABLE. ZAPPAR DOES NOT REVIEW OR VERIFY THIRD PARTY CONTENT (INCLUDING USER GENERATED CONTENT). 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 CONTENT IS ENTIRELY AT YOUR OWN RISK. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST ZAPPAR WITH RESPECT TO SUCH CONTENT.
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.
ZAPPAR DOES NOT HAVE ANY OBLIGATION TO VERFY THE IDENTIFY OF THE PERSONS USING THE zappar SERVICES, NOR DO WE HAVE ANY OBLIGATION TO MONITOR THE USE OF THE zappar SERVICES BY OTHER USERS; THEREFORE WE DISCLAIM ALL LIABILITY FOR INDENTIFY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY, INFORMATION OR USER generated CONTENT save for any statutory liability we may have under the uk data protection act 1998.
WE RECOMMEND THAT YOU ALWAYS BE AWARE OF AND PAY CLOSE ATTENTION TO THE CONTEXT AND 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 ENTIRELY AT YOUR OWN RISK. SUBJECT TO PARAGRAPH (2) OF CLAUSE 10 (EXCLUSION AND 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.
USER WARRANTIES AND INDEMNITY
You represent and warrant to ZAPPAR that:
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 to any person by reason of the User Generated Content You post, link to, share or transmit on or through the ZAPPAR Services.
You agree that You shall indemnify and hold harmless ZAPPAR together with Our employees, officers, contractors and licensors (each an “Indemnified Party”) from and against any and all losses, liabilities, claims, actions, proceedings, damages, costs and expenses (including Court costs and legal fees) whether direct, indirect or consequential and including any economic loss or other loss of profits, business or goodwill (“Claims”) suffered or incurred by Us or any Indemnified Party as a result of any of the following matters:
Your Use of the ZAPPAR Services;
Your User Generated Content;
We will notify You of any such Claims and keep You informed as to the progress of such Claims.
EXCLUSION AND LIMITATION OF LIABILITY
THE ATTENTION OF USERS IS PARTICULARLY DRAWN TO THE PROVISIONS OF THIS CLAUSE 10 WHICH set out the entire financial liability of ZAPPAR (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the User in respect of:
any use made by the User of the ZAPPAR Services or any aspect of them; and
SUBJECT TO CLAUSE 10(2), YOU AGREE THAT ZAPPAR SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING: (A) LOSS OF ANTICIPATED SAVINGS OR LOSS OF OPPORTUNITY; OR (B) LOSS OR CORRUPTION OF DATA; OR © ANY LOSS OF REVENUE, PROFIT OR BUSINESS (WHETHER DIRECT OR INDIRECT); OR (D) LOSS OF GOODWILL OR INJURY TO REPUTATION; OR (E) LOSSES SUFFERED BY THIRD PARTIES OR (F) ANY INDIRECT LOSS, CLAIM OR DAMAGE, OR ANY PUNITIVE, EXEMPLARY, MULTIPLE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND;in each case whether based in contract, tort (including negligence), strict liability, or otherwise, and which arises out of or is in any way connected with: (a) any use of the ZAPPAR Services; or (b) 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 (c) 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 FORESEEABLE OR We have been forewarned of the possibility of THE USER SUFFERING such loss or damage.
COSTS, FEES AND PAYMENT
You understand and accept that You are solely responsible for all costs involved with accessing and using the ZAPPAR Services.
In order to access certain premium ZAPPAR Content and/or premium Third Party Content (“Paid Content”), You may have to make a payment to ZAPPAR, in which case You will be required to register as a user of the ZAPPAR Services.
All payment for Paid Content will be carried out on behalf of ZAPPAR by a third party payment provider and will be subject to the terms and conditions provided by such third party operator. The payment provider will be responsible for the fulfilment of Your order for Paid Content and all questions, comments and complaints about any such order should be made to the payment provider. ZAPPAR DOES NOT 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.
All purchases of Paid Content are final. You agree that even in the case We exercise Our right to block access to Content, to terminate or deny access to and use Paid Content, You are not entitled to a refund.
TERMINATION AND CONSEQUENCES
We may cease the provision of the ZAPPAR Services or any features or functions of the ZAPPAR Services, or terminate Your registration or right to access and use the ZAPPAR Services at any time in Our sole discretion for any reason whatsoever and without giving notice to You.
Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship with ZAPPAR and may be referred to the appropriate law enforcement authorities.
You shall be entitled to terminate Your registration for any ZAPPAR Services at any time by written notice to Us at email@example.com. You understand and accept that, upon termination, You will have to stop using those ZAPPAR Services immediately.
Upon cessation or termination by ZAPPAR or the User, regardless of the reasons therefor:
Your right to use the ZAPPAR Services and all related licences immediately ceases, and You acknowledge and agree that ZAPPAR may delete any registration for the services and remove and permanently erase all content and information (including Users Generated Content) associated with You;
ZAPPAR may deny You any further access to and use of the ZAPPAR Services. (This may include banning the IP address of the User to prevent their access to the Services);
ZAPPAR shall not be liable to You or any third party for any claim or damages arising out of said cessation or termination or for the consequent loss of any content or information;
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.
DATA PROTECTION AND PRIVACY
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 ZAPPAR Website or use the ZAPPAR App from locations outside of the United Kingdom, You do so on Your own initiative and are responsible for compliance with local laws. Any offer for any product, service and/or information in connection with the ZAPPAR Services is void where prohibited.
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.
No Injunctive Relief: In no event shall You seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the ZAPPAR Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the ZAPPAR Services or any Content used or displayed through the ZAPPAR Services.
APPLICABLE LAW AND JURISDICTION
The ZAPPAR Services are owned and operated by Zappar Limited a company incorporated and registered in Scotland with company number SC394617. The Company’s registered office address is The Cairn, Auchterarder, Perthshire PH3 1NR, United Kingdom. The Company is VAT registered in the United Kingdom and our VAT registration number is 108 3635 25.
LAST UPDATED: MAY 2014