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TERMS OF USE FOR THE #SNAPSHORTS APP


These terms of use apply to your use of the Orlebar Brown #Snapshot app. By downloading and installing the app onto your device you agree to these terms of use. If you do not agree to these terms of use, we do not grant you permission to use the app and you must not use it and you must uninstall it from your device.


YOUR ACCESS TO THE APP

Your use of the app under these terms of use is also subject to any terms, rules or policies of any app store provider and/or operator (“App Store Provider”) from whom you have downloaded the App (“App Store Terms”). In the event of any conflict between these terms of use and any App Store Terms, the App Store Terms will prevail. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries under these terms of use and that Apple will have the right to enforce these terms of use against you directly. We and our service providers are responsible for any maintenance and support of the app and you acknowledge that any App Store Provider from whom you download the app is not under any obligation to you to carry out any maintenance and/or support for the app itself.

These terms of use apply to the App including any updates or supplements to the App, unless they come with separate terms, in which case those terms apply. We may change these terms of use at any time by notifying you of a change when you next start the app (we may also notify you using other means of communication about any material changes to the terms of use). Your continued use of the app will confirm your acceptance of the revised terms of use.

From time to time we may issue updates to the app. Depending on the update, you may not be able to use the app until you have downloaded and installed the latest version of the app and accepted any new terms. Some updates may not be available to certain models of device. In order to use the app, you may be required to obtain certain updates and/or upgrades to your device. You are responsible for any costs and/or fees associated with any such updates/upgrades. You also understand and accept that (a) the device you use to access the app will require certain software in order for the app to work correctly and it is your responsibility to ensure that you have the required up-to-date software, and (b) the app has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the functionality of the app meets your requirements.

You may only download and install the app onto a device that you own, or, if you do not own the device, you must have the permission from the owner(s) to do so. You accept responsibility under these terms of use for the use of the app, whether or not you own the device onto which the app is downloaded and installed. You also acknowledge that the owner(s) of the device onto which the app is installed may be charged by any relevant mobile network operator and/or internet service provider in relation to any data and/or mobile connectivity used by the app.

Access to the app may be suspended temporarily and without notice (a) in the case of system failure, (b) for maintenance or repair, (c) where we reasonably suspect there has been a breach of these terms of use, or (d) for reasons reasonably beyond our control.




PERMITTED USE AND RESTRICTIONS

We grant you a non-transferable, non-exclusive licence (i.e. permission) to use the app subject to these terms of use. We reserve all other rights, which are not granted in these terms of use. You may download and install the app through authorised App Store Providers only, and you may view, use and display the app for your personal purposes only.

Except as explained in these terms of use or as permitted by applicable law, you agree: (a) not to copy the app except where such copying is incidental to normal use of the app, or where it is necessary for the purpose of back-up, (b) not to rent, lease, sub-license (i.e. grant anyone else the permission to use the app), loan, translate, merge, adapt, vary or modify the app (or any part of it), (c) not to, nor attempt to, disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the app, and (d) not to provide or otherwise make available the app in whole or in part in any form to any person without prior written consent from us.

You must not use the app: (a) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the app or any operating system used by the app, (b) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, (c) to collect or harvest any information or data from the app, (d) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these terms of use, or (e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).




YOUR PROMISES TO US

You promise to us that (a) you are authorised to agree to these terms of use, (b) you are not located in a country subject to a United States government embargo, nor are you located in a country that has been designated by the United States government as a “terrorist supporting” country, (c) you are not listed on any United States government list of prohibited or restricted parties, (d) any information submitted by you shall be at your own risk, and (e) you will not disclose nor allow to be disclosed by any means any confidential information belonging to us that you become aware of.




INTELLECTUAL PROPERTY RIGHTS

You acknowledge that all intellectual property rights in the app belong to us or our licensors, that rights in the app are licensed (not sold) to you, and that you have no rights in, or to, the app other than the right to use it in accordance with these terms of use.

In the event that anyone brings a claim that the app or any part of it, or your possession and/or use, infringes a third party’s intellectual property rights, we (and not any Third Party App Store Provider, including without limitation Apple) shall be responsible for the investigation, defence, settlement and discharge of any such claim.




USER CONTENT

Whenever you make use of a feature that allows you to upload any content via the App, or to share any such content via the app (whether or not you enter the competition described above), you promise that any such content: (a)will not be defamatory, obscene, offensive or otherwise objectionable, (b) will not infringe the intellectual property rights or other rights of a third party, (c) will comply with applicable law (d) will not promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (e) will not be likely to deceive any person, (f) will not be threatening, abusive or cause annoyance, inconvenience or needless anxiety, (g) will not be likely to harass, upset, embarrass, alarm or annoy any other person, (h) will not impersonate any person, or misrepresent your identity or affiliation with any person, (i) will not give the impression that it emanates from us, if this is not the case, and (j) will not advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Any content you upload to the app and any feedback or suggestions you provide to us regarding the app will be considered non-confidential and non-proprietary, and you hereby grant, and you represent and warrant that you have the right to grant, to us a nonexclusive, worldwide, and irrevocable license to use, copy, distribute and disclose it to third parties for any purpose without limit in time and without payment to you.

Whilst we may not actively monitor any content uploaded via the app, we have the right (but are under no obligation) to remove any content if, in our opinion, it is in breach of these terms of use or is otherwise inappropriate.




THIRD PARTY SITES AND SERVICES

The app may contains links to other third party websites and services including through advertising and social media tools and widgets such as those provided by Facebook and Twitter. The third party sites and services are provided for your convenience only. You acknowledge that we have no control over them and are not responsible for their contents and/or availability.

We do not endorse the content or other material contained in the third party sites and services and have no association with their operators. Your use of the third party sites and services will be governed by their terms and conditions and privacy policies (if any).




DISCLAIMER AND LIMITATION OF LIABILITY

We provide the app on an “as is” and “as available” basis. We make no guarantee that the app will be uninterrupted, error free, or free from viruses or other harmful components. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them.

We also make no promises or guarantees, whether express or implied, that the content in the app is accurate, complete or up-to-date. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms, which may apply to the app, whether express or implied, including, without limitation, any implied warranty of satisfactory quality or fitness for a particular purpose.

We do not accept any liability or responsibility for any loss (howsoever caused) arising out of or in connection with (a) any damage to your device, or (b) any reliance placed on any content displayed on the app.

To the extent permitted by law, in no event shall we be liable for any loss or liability you may suffer arising out of or in connection with your use of the app, whether in an action in contract, tort (including but not limited to negligence) or otherwise.

Subject to the foregoing, our maximum total liability under or in connection with these terms whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the total amount paid by you to us as part of your use of the app.

Nothing in these terms will limit or exclude our liability for (a) death or personal injury resulting from our negligence, (b) fraud or fraudulent misrepresentation, and/or (c) any other liability that cannot be legally excluded or limited. Furthermore, nothing in these terms restricts your legal rights as a consumer.




TERMINATION

We may terminate your permission to use the app immediately if (a) you commit any breach of these terms of use, (b) we discontinue the app, or (c) we are prevented from providing the app for any reason.

Furthermore, we reserve the right to change, edit, suspend delete and/or cancel any part of the app and/or your access to it at any time with or without notice to you: (a) if required by law, (b) due to an event beyond our control, or (c) as a result of changes, cancellations or revocation of approval by any applicable App Store Provider.

On termination of your permission to use the app for any reason: (a) all rights granted to you under these terms of use will immediately cease, (b) you must immediately cease all activities authorised by these terms of use (including your use of the app), (c) you must immediately uninstall and remove the app from your device(s), and (d) you acknowledge that we may restrict your access to the app and/or remove it from your device.




COMMUNICATION BETWEEN US

If you wish to contact us in writing you can send this to us by e-mail or by prepaid post using the contact details at the bottom of these terms of use.




OTHER IMPORTANT TERMS

We may transfer our rights and obligations under these terms of use to another organisation, but this will not affect your rights or our obligations under these terms of use.

If we fail to insist that you perform any of your obligations under these terms of use, or if we do not enforce any of our rights against you, or if we delay in doing so, that will not mean that we have waived any of 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.

Each of the conditions of these terms of use 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. Other than as expressly set out in these terms of use, no one other than you and us is intended to have any right or ability to enforce any of the provisions of these Terms.

These terms of use are governed by English law.




ABOUT US

Orlebar Brown Limited Registered Office Address: 5th Floor Kinnaird House, 1 Pall Mall East, London, SW1Y 5AU Company No: 5502027 VAT No: 872512034 Contact email address: info@orlebarbrown.com