& WEBSITES AND
DESEE DATING APP
We license use of the App to you on the basis of this EULA and subject to any rules or policies applied by Apple’s App store, Google’s Play Store or any other appstore provider or operator (“Appstore”) from whom you downloaded the App (“Appstore Rules”). We do not sell the App to you. We remain the owners of the App at all times.
OPERATING SYSTEM REQUIREMENTS:
THE APP REQUIRES A DEVICE WITH A MINIMUM OF 11 MB OF MEMORY, INTERNET ACCESS AND THE APPLE OPERATING SYSTEM iOS 8 OR LATER OR THE ANDROID OPERATING SYSTEM 4.2 OR LATER.
• IF YOU DO NOT AGREE TO THE TERMS OF THE EULA, WE WILL NOT LICENSE THE APP TO YOU AND YOU MUST UNINSTALL THE APP FROM YOUR DEVICE AND STOP USING THE PLATFORM IMMEDIATELY.
1. The terms of this EULA apply to the App and any of the services accessible through the Platform (“Services”), including any updates or supplements to the App or any of the Services, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or the Websites or any of the Services, the terms of an open-source license may override some of the terms of this EULA.
2. We may change these terms or the Services at any time by notifying you of a change when you next start the App or sign in via the Websites. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Platform or the Services.
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 Services until you have downloaded the latest version of the App and accepted any new terms.
4. You will be assumed to have obtained permission from the owners of the mobile telephone or portable devices that are controlled, but not owned, by you (“Devices”) to download a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Services on or in relation to any Device, whether or not it is owned by you.
6. By using the Platform or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our Services and to provide any of the Services to you.
7. Certain Services may make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use the Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings on your Devices.
8. Certain Services may make use of push notifications to enhance your user experience of the Services and to alert you as to the various functions of the App. You can turn off this functionality at any time by deactivating these notifications in the settings within the App or on your Device.
9. The App or any of the Services may contain links to other independent 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 or their privacy policies (if any). You will need to make your own independent judgment regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
You must be 18 years of age or older to use the Platform or Services in any manner. By accepting these terms, you represent and warrant to us that you: (i) are 18 years of age or older and that you have the right, authority and capacity to agree to and abide by this EULA; (ii) will use the Platform in a manner consistent with any and all applicable laws and regulations; and (iii) have not been convicted of any criminal offence and are not required to register as a sex offender with any government authority.
• Grant and Scope of Licence
In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive license to use the App on the Devices, subject to these terms, the Policies and the Appstore Rules, incorporated into this EULA by reference. We reserve all other rights.
• Licence Restrictions
Except as expressly set out in this EULA or as permitted by any local law, you agree:
1. 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 or operational security;
2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
3. 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;
4. 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 except to the extent that (by virtue of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
1. is used only for the purpose of achieving inter-operability of the App with another software program;
2. is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
3. is not used to create any software that is substantially similar to the App;
5. to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
6. to include our copyright notice on all entire and partial copies you make of the App on any medium;
7. 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
8. to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (“Technology”).
• Acceptable Use Restrictions
1. not use the Platform or any of the Services 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, any Service or any operating system;
2. not infringe our intellectual property rights or those of any third party in relation to your use of the Platform or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);
3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Platform or any of the Services;
4. not use the App or any of the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
5. not collect or harvest any information or data from any of the Services or our systems or attempt to decipher any transmissions to or from the servers running any of the Services; and
6. not use the Platform, the Services or user information for any commercial or business purposes, including without limitation buying or selling any products or services or advertising any products or services.
(“Acceptable Use Restrictions”).
• Your Account and Password
1. In order to use the Platform and the Services, you must first create an account. You can create an account using your Facebook account. Upon creating an account without Facebook you will be required to select a password. As part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
2. We have the right to disable any user identification code or password at any time if in our reasonable opinion you have failed to comply with any of the provisions of these terms.
3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
• Interactions with other Users
1. All communications including without limitation text messages, chat, photographs or profile text whether publicly posted or privately communicated are solely your responsibility and in any event must be in accordance with our Content Standards as set out in this EULA.
2. We will do our best to assess any possible risks for users (Disclosure and Barring Service checks and screenings of users are not completed) when they use the Platform or the Services. However, we are under no obligation to oversee, monitor or moderate any interactions between users and we expressly exclude our liability for any loss or damage arising from the use of the Platform or the Services by a user in contravention of our Content Standards as detailed in this EULA.
• Content Standards
1. These content standards apply to any and all material which you contribute whilst using the Platform or Services (Contributions).
2. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any Contributions as well as to its whole.
3. Contributions must:
1. be accurate (where they state facts);
2. be genuinely held (where they state opinions); and
3. comply with applicable law in the UK and in any country from which they are posted.
4. Contributions must not:
1. contain any material which is defamatory of any person;
2. contain any material which is obscene, offensive, hateful or inflammatory;
3. promote sexually explicit material;
4. promote violence;
5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
6. infringe any copyright, database right or trade mark of any other person or entity;
7. be likely to deceive any person or entity;
8. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
9. promote any illegal activity;
10. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
11. be likely to harass, upset, embarrass, alarm or annoy any other person;
12. be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
13. give the impression that they emanate from us if this is not the case;
14. make any adverse or derogatory comment about Desee Dating and/or us, our directors or employees which shall, or may, bring Desee Dating and/or us, our directors or employees into disrepute; or
15. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
5. If we suspect that any user is in breach of any of the Content Standards as detailed in this EULA we reserve the right in our absolute discretion to delete the offending content and terminate that user’s account immediately.
• In-app Purchases
1. From time to time, as part of the Platform, we may offer products and services (”In-app Products”), which form part of the Services. In-app Products are downloaded from and/or paid for via the Appstore pursuant to the Appstore Rules or purchased directly from the Websites.
2. We reserve the right to cancel an order received via the Appstore in the event that In-app Products may be listed at an incorrect price or with incorrect information or may be unavailable. This may be due to an error or similar oversight.
3. We may also cancel an order received via the Appstore if we believe that it is being made in infringement of this EULA, or in violation of the rights of any person or any law. We may cancel an order even if it has been confirmed and the purchaser's credit card or PayPal account has been charged. We reserve this right up until the time of delivery of the product to that purchaser. If a cancellation of this nature occurs after the purchaser has been charged for the product, we will immediately credit the customer's credit card or PayPal account for the amount in question via the Appstore.
• Premium Products
1. As part of the Platform, we may offer Premium Membership products and services (”Premium Products”), which form part of the Services. Premium Products are subscription based and may be downloaded from and/or paid for via the Appstore pursuant to the Appstore Rules or purchased directly from the Websites.
2. Premium Products will by the end of the current subscription period renew automatically for the same subscription period as the current period.
3. If you would like to cancel your subscription to Premium Products and/or purchase from rebilling, please contact email@example.com.
4. If you cancel your purchase from rebilling we will cancel your subscription to the Premium Products at the end of your current subscription period.
5. Certain services you have enjoyed as part of the Premium Products, e.g., pictures, video clips and/or text messages, etc., that yourhave uploaded, may not be available in your account and may be deleted from our servers after the end of your subscription to the Premium Products.
• Intellectual Property Rights
1. You acknowledge that all intellectual property rights in the Platform and the related Technology anywhere in the world belong to us or our licensors, that rights in the Platform are licensed (not sold) to you, and that you have no rights in, or to, the Platform or the technology used by the Platform other than the right to use each of them in accordance with the terms of this EULA.
2. You acknowledge that you have no right to have access to the App in source-code form.
• User Content
1. With respect to the content or other materials you upload through the Platform and the Services or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyright and rights of publicity contained therein.
2. By uploading any User Content you hereby grant and will grant us and our affiliated companies a royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Platform and the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed non-exclusive, worldwide,
• Limitation of Liability
1. You acknowledge that the Platform 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 Platform meet your requirements.
2. We only supply the Platform for domestic and private use. You agree not to use the Platform 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.
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 this EULA, 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 if they were contemplated by you and us at the time we granted you this EULA.
4. 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 £100.
5. Nothing in this EULA shall limit or exclude our liability for:
1. death or personal injury resulting from our negligence;
2. fraud or fraudulent misrepresentation; and
3. any other liability that cannot be excluded or limited by English law.
1. Without prejudice to any right we have to terminate this EULA in accordance with other clauses in this EULA, we may terminate this EULA immediately by written notice to you:
1. if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; or
2. if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
2. On termination for any reason:
1. all rights granted to you under this EULA shall cease;
2. you must immediately cease all activities authorized by this EULA, including your use of any Services; and
3. you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so.
• Communication Between You and Us
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 or by pre-paid post to Urban Technology Ltd, 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom and firstname.lastname@example.org. We will confirm receipt of this by contacting you in writing by e-mail.
2. If we have to contact you or give you notice in writing, we will do so by e-mail.
• Events Outside Our Control
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 a failure of public or private telecommunications networks (“Event Outside Our Control”).
2. If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
1. 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; and
2. we will use our reasonable endeavors to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
• Other Important Terms
1. We may transfer our rights and obligations under this EULA to another organization, but this will not affect your rights or our obligations under this EULA.
2. You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
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.
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.
5. Please note that this EULA, its subject matter, and its formation, are governed by English law. You and we both agree that the courts of England will have exclusive jurisdiction.
LAST UPDATED: June 24, 2018