ARCHiTRACKER: App Terms of Use  Last updated: 8 December 2016

WHO WE ARE

1. We are ARCHiTRACKER Limited, a company incorporated in England and Wales (Company Number 10477619) with its registered office at Office 7 35-37 Ludgate Hill, London EC4M 7JN  United Kingdom (referred below as ‘we’, ‘us’ and ‘our’).


WHAT ARE THESE TERMS OF USE FOR?

2. These Terms of Use set out the various rights and obligations that we and you, the registered user (‘you’) have in connection with your use of this application (‘App’).

3. Please note that we may amend or modify these Terms of Use from time to time and accordingly you should check for the latest version.


OUR AGREEMENT WITH YOU

4. You are allowed to use our App in accordance with these Terms of Use.

5. Subject to the End-User License Agreement, you are granted a personal, non-exclusive and non-transferable right to access the App and use any information, data, graphics, images, photographs, video and other audio or visual material that you access on it (‘Content’), including but not limited to User Generated Content (as define below) solely for your own personal use.

6. You agree to comply with these Terms of Use and accept any other policies or third party terms of use that apply when you use or post any content on our App, including  our End-User License Agreement, Privacy Policy and Acceptable Use Policy each of which are incorporated into and form part of these Terms of Use. In the event of conflict or inconsistency with any other policies or terms, these Terms of Use shall govern.

7. We cannot guarantee that our App will always be available or function on a completely error free basis. We may also have to occasionally suspend access to this App to carry out maintenance or supply patches or updated from time to time.

8. You accept that if you access this App using a mobile device, relevant network operators’ and/or service providers’ charges may apply and you should check the relevant charges, data usage limits or other operator restrictions. You accept full responsibility for the use of any device, whether or not it is owned by you and compliance with the terms and conditions of the relevant device manufacturer, network operator or service provider (over which we have no responsibility).


OUR RIGHTS

9. In relation to any Content, the intellectual property rights (including any copyright and relate rights, business names, trademarks and any associated goodwill, rights in relation to domain names, designs, databases and other intellectual property rights, whether registered or unregistered, existing now, in the future, or anywhere in the world (‘Intellectual Property Rights’)) belong to us or our licensors (as the case may be).

10. Except for User Generated Content that you create, upload and/or post yourself which is subject to the Acceptable Use Policy, you have no title, right or interest (and no Intellectual Property Rights are transferred to you) in relation to this App or any Content. Except where expressly referred to in these Terms of Use you are prohibited from copying, modifying, distributing, broadcasting, sharing or making publicly available, renting, lending, republishing, framing, providing links to or uploading any parts of our App or Content. Furthermore you are strictly prohibited from seeking to commercially exploit any Content or reproduce it in connection with any service that you provide without our prior written consent. As a registered user, you may however post ‘likes’ or share/link to Content through you Facebook account, other social media and email services.


PRIVACY POLICY

11. Where you post or provide us with any information relating to you or from which you can be identified (‘personal data’), you agree that this is processed by us in accordance with our Privacy Policy.


USER GENERATED CONTENT

12. Where you create, upload and/or post any review, comment, recommendation or other material (such as a photograph, article or hypertext link) on our App (‘User Generated Content’) such activity will be subject to our Acceptable Use Policy.

13. Notwithstanding the above, you acknowledge and accept that in connection with any User Generated Content appearing on this App that it represents the personal opinions of other users over which we have no effective control or influence. As a result we cannot take responsibility for such User Generated Content or any reliance you place on those opinions (whether positive or negative).

14. To the fullest extent permitted by applicable law and subject to paragraph 19 below, we exclude all liability in respect of any User Generated Content you access through our App and any damages, losses or expenses resulting from us displaying, distributing, publishing or communicating such Content (whether express or implied by statute, common law or otherwise), including, without limit, any representations, warranties, conditions and/or terms relating to its reliability, quality or fitness for particular purpose.

15. If you have any complaints or issues in relation to a particular item of User Generated Content you should use the complaints procedure in our Acceptable Use Policy.


YOUR OBLIGATION AND EXCLUSIONS

16. You agree:

(a) not to act in any way that interferes (or with the intention of interfering) with the operation or security of this App or its users;

(b) not to seek to hack into this App or introduce any virus, worm or malicious code;

(c) not to do anything which in our reasonable opinion has or is likely to have an adverse impact on this App or its other users, or our business, goodwill or reputation;

(d) that Content appearing on this App is not intended to constitute our recommendation or advice and you are responsible for any decision you take based on these;

(e) that we cannot be liable for any omissions or errors in any Content or such Content being out of date;

(f) we are not liable for this App or Content not being available due to technical issues or other events beyond our control;

(g) that we may update or make changes to this App or Content as we deem appropriate;

(h) the purchase of any tickets, goods or services through this App will be subject to such additional terms and conditions as we may notify you of at the time of your purchase; and

(i) if we provide links to any other third party websites or services (for example, other partner sites where you can buy tickets for venues or events), we accept no liability for your use of such third party websites or services, which will be subject to their own terms and conditions.

17. The representations, warranties, undertakings, terms and conditions, contained in these Terms of Use replace any other representations, warranties, undertakings, terms and conditions implied by statute or other applicable law and, to the fullest extent legally permitted, we exclude all liability (on our own behalf and on behalf of our employees, agents, contractors or representatives) for any (i) indirect, incidental, special, exemplary or consequential damages; or (ii) any lost profits, revenue or anticipated savings, contracts, lost data or economic loss (whether direct or indirect) howsoever arising, out of or in connection with your use of our App and its Content or linked third party sites or services you access through our App, even if we have been advised of the possibility of the same.

18. You assume responsibility for establishing your own procedures for anti-virus or other screening on your computer or mobile device to protect it as necessary against hacking or other hazards.

19. Nothing in these Terms of Use excludes or limits your consumer statutory rights or mandatory rights under applicable law, to the extent that those rights cannot legally be excluded or limited by contract. In particular, we do not seek to limit or exclude any liability for death or personal injury caused by negligence or fraud.


OTHER TERMS

20. You should not use the App if you are under 18 years of age.

21. Without prejudice to any of our other legal rights or remedies, we may suspend or cancel your access to the App or its Content: if you commit a material breach of these Terms of Use, including but not limited to, any breach of our Acceptable Use Policy.

22. Should any part of these Terms of Use be declared invalid or unenforceable by a competent court or regulator, this shall not affect the validity of any remaining portion which (if legally permitted) shall remain in full force and effect as if the invalid portion of the Terms of Use has not been existed.

23. We may assign, transfer or subcontract our rights and obligations under this Terms of Use.

24. These Terms of Use are subject to English law. To the maximum extent legally permitted, you agree that any dispute relating to your use of our App, or these Terms of Use shall be subject to the exclusive jurisdiction of the courts of England and Wales and any proceedings relating to dispute shall be in the English language.

25. We are always happy to hear any feedback about this App so please contact us if you have any comments or requests. We will aim to respond to these as soon as possible. Our address for correspondence is hello@architracker.co.


ARCHiTRACKER: Acceptable Use Policy  Last Updates: 5 November 2016

WHO WE ARE

1. We are ARCHiTRACKER Limited, a company incorporated in England and Wales (Company Number 10477619) with its registered office at Office 7 35-37 Ludgate Hill, London EC4M 7JN  United Kingdom (referred to below as ‘we’, ‘us’ and ‘our’).

2. Before you, the user (‘you’), decide that you want to become part of our community, please read this Acceptable Use Policy for user submissions. By sending or uploading your reviews, recommendations, comments, photographs or other content (‘User Generated Content’) through our application (‘App’), you agree to comply with the following.

 

WHEN YOU POST CONTENT ON OUR APP

3. When you create, upload and/or post your User Generated Content you hereby grant us a perpetual and irrevocable, fully paid-up, royalty-free, worldwide and transferable license to copy, reproduce, modify, distribute, publish, broadcast, adapt, translate, transmit, distribute, display and made available for other users’ access to such Content through our App or websites through which our App content may be syndicated either under our brand name or a third party brand. We may also use your User Generated Content in connection with the promotion of our App and any products or services that we provide. We prohibit users from performing any intellectual property right infringement against the User Generated Content of others; however, we hold no responsibility over and/or commit no obligation related to the users’ performances in breach of the aforesaid.

4. User Generated Content is not routinely moderated by us but may be reviewed and, if we deem it necessary, maybe edited or removed in accordance with this Acceptable Use Policy.

5. You agree to act in accordance with this Acceptable Use Policy when you create and submit User Generated Content or use our App and you warrant to us that:

you own rights and title to this User Generated Content or otherwise have the right to grant us the license referred to in the above paragraph;

any User Generated Content you provide:

is lawful, and not offensive, obscene, defamatory, abusive, harmful or threatening; and

does not breach any other person’s rights of privacy, publicity, intellectual property rights, right of confidentiality or other legal rights.

6. If you include any material belonging to third parties in User Generated Content (such as text, images, photographs, music or other content owned by that party), you are entirely responsible for obtaining any clearances or permissions for use of such content. You agree to defend and indemnify us (and our officers, directors, shareholders, employees, affiliates, agents and representatives) in relation to any claims, actions and proceedings, together with associated losses, damages, liabilities, costs and expenses (including professional legal fees) that we (or those above named parties) suffer or incur as a result of you failing to obtain those required clearances or permissions or you otherwise being in breach of this Acceptable Use Policy.

7. We reserve the right to review what you post or upload to our App and may edit, block or remove (without notice), any of your User Generated Content where: (1) it breaches this Acceptable Use Policy or if we think (in our reasonable opinion) it is illegal, offensive, obscene, defamatory, abusive, harmful or threatening to any person or group; (2) it could damage or bring us, our brand or anyone associated with us into dispute; (3) we are put on notice that it may be illegal or infringes the rights of any third parties; and (4) in our reasonable opinion, such User Generated Content does not meet the required standards for content appearing on our App. Our decision to block or remove User Generated Content is final and we are not under any obligation to provide you with an explanation for its removal.

8. Please note that your comments should be original and not plagiarized or passed off as your own, when they are not. Furthermore, you must not impersonate anyone else when using our App or knowingly post inaccurate, false or misleading reviews, comments, images or other materials.

9. Trolls are not welcome and we will block or remove User Generated Content that is hateful or abusive. Furthermore, we will not tolerate any attempt to harass, stalk, intimidate or persecute any other person on our App. If you behave in such a manner, your access to our App may be suspended or terminated and we may also take action to protect ourselves and other App users (including, without limit, reporting suspected criminal activity to the police).

10. You must not use our App to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, root kit or other malicious computer code.

11. Our App must not be used for any systematic or automated data collection activities (including without limitation any screen scraping, data extraction and data harvesting) without our express written consent.

12. We do not pay (or give any rewards) for content that users submit. You are prohibited from using our App for spamming or posting any advertising, sponsored links, endorsements or to promote your products or services or to post content where you anticipate being paid, rewarded or gaining commercially from saying something (whether, good, bad or indifferent) about a particular place, product or service.

13. Please note that we are not responsible for providing you with any legal advice regarding whether or not User Generated Content meets this Acceptable Use Policy.


STYLE AND STANDARDS FOR CONTENT

14. Before submitting User Generated Content, you must take reasonable care to check that the material you are posting is accurate. You should never submit anything as ‘fact’ which you know or have reason to suspect is false.

15. The quality of a review or comment will always be more important than its length. Any reviews or comments that in our view are over a reasonable length may be edited or removed by us.

16. We want you to be comfortable posting User Generated Content, but also to be comfortable responding to questions or comments that people may leave in response. You can respond to comments, but must do so in a respectful and polite manner.

17. Please do not use jargon when writing User Generated Content. We may remove content or other material that is not written in plain, intelligible language.


IF YOU HAVE A COMPLAINT

18. If you want to complain about anything that has been posted through our App which you believe infringes this Acceptable Use Policy or is unlawful, please follow the procedure below. This is not intended to restrict or exclude any statutory rights you have that which we cannot legally exclude.

19. Please send your complaint to hello@architracker.co. You should also include the following information:

Your real name and contact details (including email address) so we can contact you. We reserve the right to ask you for further information to verify that you are who you say you are or that you have the necessary authority to act on the behalf of a complainant;

Links to the relevant content or material that you are complaining about or any other details that might help us to locate the content or material you are complaining about;

Supporting information as to why the content or material you are complaining about is objectionable under this Acceptable Use Policy. If you have any documentary evidence to back up this view, please provide it. We reserve the right not to investigate or act on complaints where you have failed to provide proper information to help us locate or assess the objectionable content. We may also reject complaints that are simply based on someone receiving a review or comment they do not like unless we also have reason to believe there has been a breach of this Acceptable Use Policy; and

Please also let us know if you wish to post a response to such content on our App.

Following receipt of your complaint we will review and, where necessary, temporarily suspend or block offending content pending further investigation. You agree to us contacting the author of the objectionable content to relay your complaint and will give them a right of response within 14 days.

We may disclose that a complaint has come from you unless you tell us not to. If we decide that the content you have complained about does breach this Acceptable Use Policy, then we may delete the offending content or material and exercise any other legal rights available to us.

20. If we receive a response from the author of the offending content, we may (at our discretion) pass this on to you for further comment or may make a decision based on this response or non-response as the case may be. We will observe applicable law in reaching a decision, however, without prejudice to any statutory rights that we cannot legally restrict or exclude, the decision we make will be final.