Website and App Terms & Conditions of Use

INTRODUCTION

These terms of use apply to the use of the Sensible Object Ltd website and our mobile application software “BEASTS OF BALANCE”. They essentially say that you must behave appropriately and responsibly whilst using the Sensible Object Ltd website and the App. The Sensible Object Ltd privacy policy sets out how we use data relating to you and it forms a part of these terms of use. The privacy policy can be found on our website here, beastsofbalance.com/privacy. These terms were last updated on 13 September 2016.

1. ABOUT THE WEBSITE AND THESE TERMS OF USE

1.1. sensibleobject.com and/or beastsofbalance.com (together the “Website”) is a website and online store owned and operated by Sensible Object Ltd, a company registered in England and Wales under company number 08845212 and with our registered office at Sensible Object, Vault 9, Makerversity, Strand, London, WC2R 1LA, England (“Sensible Object”, “we”, “us” or “our”).

1.2. Our mobile application software “BEASTS OF BALANCE”, includes the data supplied with the software, and any associated media (the “App”).

1.3. These terms of use apply to all use of the Website and the App and form a legal agreement between you and us.

1.4. By using the Website and/or downloading or using the App you are confirming that you understand and accept (and are able to understand and accept) these terms of use, and that you agree to be bound by them. If you are under the age of 18 or don’t understand these terms of use, please ask a parent or guardian to explain their meaning to you. You must not use the Website or App if you are under 13.

1.5. You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices / tablets that are controlled (whether or 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 these terms of use for the use of the App on or in relation to any Device, whether or not it is owned by you.

1.6. We license use of the App to you on the basis of these terms of use and subject to any rules or policies applied by any appstore provider or operator, including without limitation Google Play and Apple iTunes (“App Store”), from which you downloaded the App (“App Store Terms”). We do not sell the App to you. We remain the owners of the App at all times.

1.7. We may make alterations to these terms of use from time to time.

2. RIGHTS OF USE AND INTELLECTUAL PROPERTY RIGHTS

2.1. You can use the Website solely for browsing and making purchases of our products. Purchases of products through the Website are subject to our E-Commerce Terms and Conditions, which are available here: beastsofbalance.com/store-terms-conditions/.

2.2. In consideration of you agreeing to abide by these terms of use and your purchasing the App from us, we grant you a non-transferable, non-exclusive licence to use the App on the Devices subject to these terms, our Privacy Policy and the App Store Terms, which are hereby incorporated into these terms of use by this reference. We reserve all other rights.

2.3. Unless otherwise specified, all copyright, design rights, database rights, patent rights, trade mark and trade dress rights and other intellectual property rights in the Website and the App belong to and vest in us, or are licensed to us.

2.4. The “BEASTS OF BALANCE” logo is a trade mark belonging to us. We give no permission for the use of this trade mark and such use may constitute an infringement of our rights.

2.5. All third party trade names and trade marks are the property of their respective owners and we make no warranty or representation in relation to them.

3. RESTRICTIONS AND OBLIGATIONS

3.1. You agree to comply with these terms of use and all rules applicable to the use of the Website and the App.

3.2. You will not:

3.2.1. hack, modify, reverse engineer or create derivative works of the Website or the App or any part of them;

3.2.2. gain unauthorised access to any part of the Website or the App;

3.2.3. remove, modify or obscure any copyright, trade mark or other proprietary notices on the Website or contained in the App;

3.2.4. create software which replicates or mimics the data or functionality in the Website or App;

3.2.5. use your access to the Website or App for the sending of direct marketing;

3.2.6. make any part of the Website or App available to a third party who does not agree to these terms of use;

3.2.7. copy or exploit any part of the Website or App or the content they contain (except where we expressly permit you to do so);

3.2.8. use the Website or App or any part of them unfairly or for any illegal or immoral purpose; or

3.2.9. attempt to do any of the acts listed above.

4. COMMUNICATIONS

4.1. The Website and the App enable the display of your own or third party content (“User Content”) without review or moderation. The Website and App are each therefore merely a conduit of User Content.

4.2. The views expressed in any User Content are the views of the individual authors and not those of us unless specified otherwise by us.

4.3. We disclaim all liability in respect of any comments, views or remarks expressed in any User Content.

4.4. By using the Website or the App you acknowledge that we have no responsibility to review the content of any User Content and that all User Content is made available on the basis that we are not required to exercise any control or judgement over User Content.

4.5. If you submit data, messages, audio, video, textual or other content through the Website or the App such as through a discussion forum or otherwise then:

4.5.1. you grant us a sub-licensable, perpetual, irrevocable, non-exclusive licence to use and make available any User Content which you submit, worldwide in connection with the Website; and

4.5.2. you agree to comply with our User Content Guidelines as set out in Schedule 1.

4.6. IT IS A KNOWN RISK OF INTERNET USAGE THAT PEOPLE ARE NOT NECESSARILY WHO THEY SAY THEY ARE. PEOPLE MAY PROVIDE INFORMATION OR BEHAVE IN A WAY THAT IS UNRELIABLE, MISLEADING, UNLAWFUL OR ILLEGAL. WE HAVE NO WAY OF TELLING IF STATEMENTS MADE BY OTHER USERS ARE TRUE. YOU SHOULD THEREFORE EXERCISE SOME DEGREE OF CAUTION WHEN USING ANY WEBSITE. BY USING THE WEBSITE AND/OR THE APP YOU ACCEPT THAT YOU USE THE WEBSITE AND/OR APP AT YOUR OWN RISK.

5. LIABILITY

5.1. We provide and maintain the Website and the App on an “as is” basis and are liable only to provide our services with reasonable skill and care.

5.2. The App has been developed to work on the latest version of Android and iOS at the time of its release. Apple, Google and other Android vendors may from time to time update their software, and we will endeavour, but shall not be obligated, to update the App if applicable to ensure that its functionality and performance continues with updates. It is your obligation to ensure that you are using the latest public release of iOS or Android.

5.3. External Sites have not been verified or reviewed by us and all use and access of External Sites is made at your own risk. “External Sites” means third party websites and online services to which the Website or the App link.

5.4. Save for any warranties offered in respect of products which you purchase from us, in accordance with our E-Commerce Terms available here[A1] , [A2] and without affecting your local consumer rights, we give no other warranty in connection with the Website or the App. To the maximum extent permitted by law, we exclude liability for:

5.4.1. any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss arising from your use of the Website or App whether or not that loss arises out of something of which we have been made aware;

5.4.2. the accuracy, currency or validity of information and material contained within any User Content, the Website, or the App;

5.4.3. any interruptions to or delays in updating the Website or the App;

5.4.4. any incorrect or inaccurate information on the Website or the App;

5.4.5. the infringement by any other person of any copyright or other intellectual property rights of any third party through any User Content or use of the Website or the App;

5.4.6. the availability, quality, content or nature of External Sites;

5.4.7. any transaction taking place on External Sites;

5.4.8. any transaction with a third party retailer taking place on the Website or via the App;

5.4.9. any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, Device, software, data or other property caused by any other person accessing, using or downloading the Website, the App or any part of them, or any User Content; and

5.4.10.all representations, warranties, conditions and other terms and conditions which but for this notice would have effect.

5.5. We do not warrant that the operation of the Website or the App will be uninterrupted or error free.

5.6. We will not be liable in any amount for failure to perform any obligation under these terms of use if that failure is caused by the occurrence of an event beyond our reasonable control.

5.7. Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all of those terms and conditions are hereby excluded to the maximum extent permitted by law.

5.8. The exclusions and limitations of liability in this clause shall not limit or exclude your rights to compensation or repair of your Device to the extent that damage to your Device or other digital content which you own is caused by the App as a result of our failure to use reasonable care and skill.

5.9. You agree not to use the Website or App in any way which is:

5.9.1. unlawful;

5.9.2. may give rise to civil or criminal liability for us; or

5.9.3. which might call us into disrepute.

6. TERMS REQUIRED BY APPLE

The following terms of this section 6 are the terms which we are required by Apple to notify you of and obtain your consent of in respect of using the App on the iOS platform:

6.1. Acknowledgement: You and we acknowledge that these terms of use constitute an agreement which is concluded between you and us only, and not with Apple Inc, nor any subsidiary or affiliate company of Apple Inc, (“Apple”). You also acknowledge that we are solely responsible for the App and the content within the App.

6.2. Grant of Licence: Subject to, and in consideration of, your compliance with all conditions of these terms of use we grant you a non-exclusive, personal, revocable, non-transferable license to use the App and content on the App for your lifetime on an iOS product which you own or control, and as permitted by the usage rules set forth in the App Store Terms (http://www.apple.com/uk/legal/terms/), and in accordance with our Privacy Policy.

6.3. Maintenance and Support: We are solely responsible for providing support and maintenance for the App. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

6.4. Product Claims: You acknowledge that we, and not Apple, are responsible for addressing any claims you may have 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.

6.5. Intellectual Property Rights: You acknowledge that in the event of a third party claim that the App, or your possession and use of the App infringes that third party’s intellectual property rights, then we shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple.

6.6. Legal Compliance: You represent and warrant that: (i) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and (ii) you are not listed on any US Government list of prohibited or restricted parties.

6.7. Third Party Beneficiary: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these terms of use, and that when you accept the terms and conditions of these terms of use, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms of use against you.

6.8. Third Party Terms of Agreement: We may use third party software and services provided by (amongst others) Facebook, Instagram, Snapchat, Youtube and Twitter with the App. Use of the App is therefore subject to your acceptance and compliance of these third party terms and you agree to comply with the applicable third party terms and conditions when using the App.

7. TERMINATION

Without limiting any other rights we may have, we may cancel or suspend access to the Website and/or the App if you breach any of these terms of use.

8. GENERAL

8.1. These terms of use are subject to your statutory and common law consumer rights and will not limit any rights you might have that cannot be excluded under applicable law. These terms of use will not exclude or limit our liability for death or personal injury resulting from our negligence nor any fraudulent acts or representations.

8.2. These terms of use and the terms referred to herein, including our privacy policy and E-Commerce Terms, constitute the entire agreement between you and us relating to your use of the Website and the App, to the exclusion of any other terms.

8.3. Failure to enforce any term does not constitute a waiver of that term.

8.4. If any part of these terms of use is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the provisions will remain in full force and effect.

8.5. The Website and the App are intended for and directed at the United Kingdom. No representation or warranty is made as to whether the Website or the App complies with the laws of any other country.

8.6. These terms of use are subject to the laws of England and the parties submit to the exclusive jurisdiction of the English courts. This clause does not deprive you of any mandatory consumer protections to which you may be entitled in your country of residence.

8.7. We will be entitled to assign and otherwise transfer the agreement covered by these terms of use by giving you reasonable notice, which may include notice given via the Website or through the App.

8.8. All questions, comments or enquiries should be directed to us. We will try to respond to within 48 hours.

Contact Us
SENSIBLE OBJECT LIMITED
Company Number 08845212
customerservice@sensibleobject.com
MAKERVERSITY,
VAULT 9,
STRAND,
LONDON WC2R 1LA

SCHEDULE 1

1. USER CONTENT GUIDELINES

1.1 You agree and undertake that you will not post, communicate, transmit or make available to or through the Website or App any User Content, statement, material, communication or other content which:

1.1.1 is unlawful or which gives rise to civil or criminal liability;

1.1.2 infringes the intellectual property rights of any third party;

1.1.3 is technically harmful such as computer viruses, worms, logic bombs or other malicious software or harmful data;

1.1.4 is abusive, seditious, sexist, pornographic, homophobic, defamatory, libellous, discriminatory, obscene or racist;

1.1.5 harasses any person;

1.1.6 may be deemed a marketing or commercial communication or promotes the products or services of any person;

1.1.7 contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or

1.1.8 solicits, promotes, invites, encourages, advocates, incites or provokes any or all of the foregoing.

1.2 You further agree that in any activity you undertake during or in relation to the Website or App you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call us or the Website or App into disrepute.

1.3 You authorise us to remove, restrict, suspend or alter any of your User Content for any reason, in our sole and absolute discretion, including but not limited to User Content which conflicts with the terms of these User Content Guidelines or is otherwise inconsistent with these Website and App Terms and Conditions of Use.

1.4 If you discover User Content which you believe contravenes these Website and App Terms and Conditions of Use or is otherwise objectionable please notify us at help@sensibleobject.com.

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