End User Licence Agreement (EULA)
Last update: 16/05/2017
The following refers to the SSSHAKE app only. Please read carefully before downloading, installing or using the app
This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and Ssshake Limited, a company incorporated in England & Wales (registration number 10329840), of 32 Aybrook Street, London, United Kingdom, W1U 4AW (Licensor, Ssshake, us or we) in relation to the Ssshake mobile application (App).
We provide the App to you on the basis of this EULA and subject to any rules or policies applied by any Appstore provider or operator (Appstore) from which you downloaded the App (Appstore Rules). We do not sell the App to you. We remain the owners of the App at all times.
This EULA applies to the use of any updates or changes to the App that we may issue from time to time.
- THIS LICENCE IS APPLICABLE WORLDWIDE EXCEPT WHERE WE PUBLISH SPECIFIC TERRITORIAL TERMS AND CONDITIONS
- IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE WE WILL NOT LICENSE THE APP TO YOU AND YOU MUST NOT DOWNLOAD, INSTALL OR USE THE APP.
1. Our App
1.1 The App provides a platform to connect creatives based on location, skills and role in the creative process. The App assists with searching for other relevant creatives and allowing you to choose which users to interact with.
1.2 The App allows you to build a profile which connects to your other social media platforms and allows you to directly showcase a portfolio of your work to other users.
1.3 When you connect to other users, the App allows you to message them directly in order to arrange projects.
2.1 The terms of this EULA apply every time you download, install or use the App, including any updates or supplements to the App.
2.2 We keep the EULA under review and may change or update it from time to time. If we decide to do this, we will post such changes or updates on the App and/or our website, at which point the amendments will be effective and will be binding in respect of future uses of the App by you.
2.3 From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and accepted any new terms.
2.4 We reserve the right at any time, without liability of any kind, in our absolute discretion (i) to change, suspend, restrict or disable your access to the App, and/or (ii) alter the functionality or contents of the App with or without notice to you.
2.5 In the event that you post any content on the App in contravention of the Acceptable Use Restrictions outlined in condition 7 below we will request that you remove such content where appropriate. We reserve the right to remove the content, delete your account and profile page or suspend, restrict or disable your access to the App immediately if we consider it to be necessary, at our sole discretion.
2.7 The App may contain links to 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. 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. We shall have no liability to you in connection with any Third-party Sites.
3. Grant and scope of licence
4. 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 except to the extent such copying is incidental to normal use of the App on a Device;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
(c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it 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;
(e) not to remove any copyright notice on any copy of the App;
(f) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
(g) to comply with all technology control or export laws and regulations that apply to the technology used or supported by or accessed via the App (Technology),
together, Licence Restrictions.
5. User restrictions
5.1 The App is not intended for use by individuals under the age of 18. If you are under the age of 18 you must not use the App. If we discover that any such use is taking place we will immediately terminate any relevant user account(s) facilitating such use.
6. Third party content
6.1 The App may include content submitted by other users of the App or third parties (Third Party Content). You acknowledge that any use of or reliance on such content by you is entirely at your own risk and we are not responsible for such Third Party Content.
7. Acceptable use restrictions
(a) not use the App 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 or any operating system;
(b) not infringe our intellectual property rights or those of any third party through your use of the App, including by the submission or creation of any infringing material;
(c) not use, download, copy, share, modify or otherwise exploit the whole or part of any intellectual property or other content posted by any third party, including other users of the App, without the express written consent of the owner of that intellectual property;
(d) not transmit any material that is defamatory, offensive or otherwise objectionable (as determined by SSSHAKE) via or in connection with your use of the App including, but not limited to discriminatory language, pornography and violence;
(e) not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
(f) safeguard any password or pin you use to access the App or functions within the App and you are responsible for any activities or actions effected using your password or pin or account;
(g) not disclose any password or pin you use to access the App and must notify us immediately upon becoming aware of any security breach or unauthorised use of the App effected using your password or pin or account;
(h) not collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running any service via the App; and
(i) not provide false details to us.
together Acceptable Use Restrictions.
8. Intellectual property rights
8.1 You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world 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 or the Technology other than the right to use each of them in accordance with the terms of this EULA.
8.2 You acknowledge that you have no right to have access to the App in source-code form.
8.4 We welcome any feedback or suggestions for improvements relating to the App, and/or any related products and services offered by us from time to time (Feedback). Where you provide Feedback to us you agree that we and our affiliates shall have a royalty free right to use such Feedback for such purposes as we see fit from time to time, including, without limitation, to create new, or enhance existing products or services offered by us, and for consumer communication or product promotion, and we shall not be required to compensate you financially for any such Feedback provided, regardless of how we or our affiliates use this.
8.5 Save as expressly permitted by us in this EULA, you must not use the content on the App (other than content that is submitted by you to the App) for any commercial purpose without obtaining written permission from us to do so first.
9. No warranty
9.1 The App is provided “as is” and “as available” without any representation, warranty or undertaking of any kind as to the availability, performance, accuracy, security or completeness of the App and its contents. We do not warrant, represent or undertake that use and availability of the App will be uninterrupted or error-free.
TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE APP. IF THIS EXCLUSION IS NOT PERMITTED UNDER APPLICABLE LAW OUR LIABILITY IN RELATION TO ANY SUCH WARRANTY SHALL IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
10. Limitation of liability
10.1 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.
10.2 We only supply the App for domestic and private use. You agree not to use the App 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.
10.3 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 10.5, 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 contemplated by you and us at the time we granted you the EULA.
10.4 We assume no responsibility or liability for material uploaded by users which infringes any third party intellectual property rights.
10.5 To the maximum extent permissible under applicable law, our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to five hundred pounds sterling (GBP £500). This does not apply to the types of loss set out in condition 10.6.
10.6 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.
11.1 We may terminate this EULA and/or the licence granted under this EULA at any time in our absolute discretion with or without notice to you. If you breach any provision of this EULA, such licences shall automatically terminate. Where this EULA or the licence granted by us is terminated, you agree to immediately cease using and accessing the App and to delete any copies of the App held by you.
12. Communication between us
12.1 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 to firstname.lastname@example.org.
12.2 If we wish to contact you or give you notice in writing, we will do so by e-mail to the address you provide to us in the App.
12.3 Information about the European Commission’s Online Dispute Resolution platform is available at http://ec.europa.eu/odr.
13. Events outside our control
13.1 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).
13.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA 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.
14. Other important terms
14.1 We may assign our rights or obligations or transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights under this EULA.
14.2 You may only assign, subcontract or transfer your rights or obligations under this EULA to another person if we agree to this in writing.
14.3 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.
14.4 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.
14.5 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
15. Appstore requirements
15.1 Where you use the Apple appstore in relation to the App, the terms in Annex 1 apply.
2. The licence to use the App granted under the EULA is a nontransferable license for you to use the App on an Applebranded product that you own or control in accordance with the usage rules set forth in the Apple App Store Terms of Service, except that the App may be accessed, acquired, and used by other accounts associated with you via any family sharing or volume purchasing arrangements with Apple.
3. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. We do not offer maintenance or support services in connection with the App.
4. Apple will have no warranty obligation whatsoever with respect to the App, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any applicable warranty set out in the EULA will be solely our responsibility.
5. We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
6. In the event of any third party claim that the App or your possession or use of the App infringes that third party’s intellectual property rights, Ssshake Limited and not Apple will be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
7. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. You must comply with any third party terms that are applicable to the use of the App from time to time.
9. Apple and Apple’s subsidiaries are third party beneficiaries of the EULA, and upon your acceptance of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.