Last Updated: June 8, 2017
I. DEFINITIONS AND INTERPRETATION
In this Agreement the following terms shall have the following meanings:
«Content» means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Application;
«Service» means collectively any online facilities, tools, services or information that Filterra Inc. makes available through the Application either now or in the future;
«System» means any online communications infrastructure that Filterra Inc. makes available through the Application either now or in the future;
«User» / «Users» means any third party that accesses the Application and is not employed by Filterra Inc. and acting in the course of their employment;
«User Generated Content» (hereinafter referred to as UGC) means any photo(s), captions, comments and type of content that you create, share, post or add on/through our Service and is publically available to other users;
«Account» means your relevant User Account;
«Application» means the iPhone / iPad application «Filterra» developed by Filterra Inc. and its associated web site.
I.1 The Services are provided by Filterra Inc. for ENTERTAINMENT PURPOSES ONLY. No liability will be accepted by any member of Filterra Inc. team for any actions taken resulting from a reading or information provided nor any consequences of such action which may or may not arise from the results.
The Service is offered on “as is” basis, running in the pre-launch test mode until December 31, 2017. Unless specified in these terms and conditions, Filterra Inc. makes no warranty that the Service offered on the App will meet your requirements or will be uninterrupted, timely, secure or free of bugs, or that the Service is fully functional and accurate.
I.3 You are responsible for the acts of any third parties who use your identification information or account, whether fraudulent or not. For the avoidance of all doubt, you agree to indemnify us against any claims of this kind. As a User you are advised not to assume that any Content is accurate. A person may not be who he or she claims to be. You should at all times exercise the same caution you would normally do when you meet people. We cannot be liable for false or misleading statements by Users.
II. INTELLECTUAL PROPERTY
II.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Application, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Filterra Inc., or our affiliates. By continuing to use the Application you acknowledge that such material is protected by applicable United Kingdom, USA and International intellectual property and other laws.
II.2 Subject to Clause 4 of these Terms and Conditions you may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Application for personal purposes only unless otherwise indicated on the Application or unless given express written permission to do so by Filterra Inc.. Personal use includes, but is not limited to, recreational use, social use, and use in education as a student or teacher. Specifically you agree that:
II.2.1 you will not use the Content of the Application for commercial purposes; and
II.2.2 you will not systematically copy Content from the Application with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Filterra Inc.
III. THIRD PARTY INTELLECTUAL PROPERTY
Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Application. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.
IV. FAIR USE OF INTELLECTUAL PROPERTY
Material from the Application may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
V. LINKS TO OTHER WEB SITES
This Application may contain links to other sites. Unless expressly stated, these sites are not under the control of Filterra Inc. or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site from this Application does not imply any endorsement of the sites themselves or of those in control of them.
VI. USE OF COMMUNICATIONS FACILITIES AND CONTENT SUBMISSION
VI.1 When using the communication facilities of the Application and when submitting Content to the Application you should do so in accordance with the following rules:
VI.1.1 you must not use obscene or vulgar language;
VI.1.2 you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, false, hateful harassing, defamatory, libelous, ageist, sexist, racist, obscene, violent, patently offensive, invasive of another’s privacy, contains personally identifiable information of another or promotes racism, bigotry, hatred, violence or harm (including self-harm);
VI.1.4 you must not include links to other web sites containing any of the above types of Content;
VI.1.5 you must not be threatening, harass, upset, embarrass, alarm or annoy any other person, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
VI.1.6 you must not impersonate any person, or to misrepresent your identity or affiliation with any person;
VI.1.7 you must not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
VI.1.8 you must not submit or otherwise make available Content that you do not have a right to make available, or that infringes any patent, trademark, trade secret, copyright, privacy, or other proprietary rights of any party, or discloses any trade secret of or violates any confidential obligation of any person or entity;
VI.1.9 you must not transmit or otherwise make available any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
VI.1.10 you must not submit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, chain letters, pyramid schemes or any other form of solicitation;
VI.1.11 you must not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
VI.1.12 you must not restrict or inhibit any other user from using and enjoying the App;
VI.1.13 you must not sell, buy, license or transfer access to your account;
VI.1.14 you must not use the App for any unlawful purpose or any illegal activity;
VI.1.15 you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
VI.1.16 you must not impersonate other people, particularly employees and representatives of Filterra Inc. or our affiliates;
VI.1.17 you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks;
VI.1.18 you must not use our Application for unauthorised mass-communication such as «spam» or «junk mail»;
VI.2 You acknowledge that Filterra Inc. reserves the right to monitor any and all communications
made to us or using our System.
VI.3 In order to use the message facility of the Application and any other communication facility that may be added in the future (or already present in the app) or to submit Content, you may be required to submit certain personal details. By continuing to use this Application you represent and warrant that:
VI.3.1 any information you do submit is accurate and truthful; and
VI.3.2 you will keep this information accurate and up-to-date;
VI.3.3 you are responsible for keeping it confidential and taking reasonable security measures to protect your personal information (including preventing the loss, misuse, unauthorized access, disclosure, alteration and destruction of your personal information).
VI.4 By submitting / posting any Content you warrant and represent that you are the author of such Content or that you have acquired all of the appropriate rights and / or permissions to use the Content in this fashion. Further, you waive all moral rights in the Content to be named as its author and grant Filterra Inc. a licence to modify the Content as necessary for its inclusion in the Application. Filterra Inc. accepts no responsibility or liability for any infringement of third party rights by such Content.
VI.5 You retain all IP rights on the Content you provide through Filterra. Unless a User informs Filterra Inc. otherwise, in advance of posting, in writing, and Filterra Inc. agrees to any terms or restrictions, all Content submitted is for publication on the Application and Website and other such uses as Filterra Inc. may deem appropriate under a royalty-free, worldwide, perpetual basis, insofar as is related to Filterra Inc..
VI.6 Filterra Inc. will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Content, nor for any errors or omissions in the Content. Use of and reliance upon such Content is entirely at your own risk.
VI.7 Content submitted by Users is not screened by Filterra Inc. prior to appearing online. We retain the right to exercise our sole discretion to remove or relocate any Content as we deem appropriate without the consent of the author. We shall be under no obligation to exercise such discretion. If you wish to enquire as to the removal of Content, please submit your query to email@example.com. This does not constitute an undertaking to explain our actions.
VI.8 The User is not allowed to copy other people’s work and intellectual property and/or claim his/her ownership over other people’s work. The copyright law and other laws regulate the intellectual property rights (hereinafter “IP rights”), including but not limited to copyrights and trademark rights, in the country of user’s jurisdiction.
VI.9 You warrant that you hold all the rights relating to the Content and fully indemnify Filterra Inc. of any infringement claims regarding the Content.
VII. TERMINATION AND SUSPENSIONT
X. Third-Party Engagements and Interactions
X.1 Filterra’s original content as well as user-posted content may contain links to independent third-party sites and services. Filterra is not responsible for the content on the Third Party Sites and by no means endorses them. User accessing any Third Party site completely acknowledges, liabilities, and responsibilities he may subject to according to Third Party Sites’ policies.
X.2 user may use his/her own content posted or processed in Filterra to be submitted on any Third Party Site. Filterra by no means bears any responsibility for the user-submitted content to any Third Party Site though the content might be associated with Filterra and bear any visual and/or graphic reference.
XI.1 Filterra Inc. makes no warranty or representation that the Application will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
XI.2 No part of this Application is intended to constitute advice and the Content of this Application should not be relied upon when making any decisions or taking any action of any kind.
XI.3 Commercial use of the Content of this Application is forbidden under Clause 2.2.1 of these Terms and Conditions. Any such use constitutes a breach of these Terms and Conditions and Filterra Inc. makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
XI.4 Whilst every effort has been made to ensure that all descriptions of services available from Filterra Inc. correspond to the actual services available, Filterra Inc. is not responsible for any variations from these descriptions.
XII. AVAILABILITY OF THE APPLICATION
The Service is provided «as is» and on an «as available» basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Filterra Inc. accepts no liability for any disruption or non-availability of the Application resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
XIII. LIMITATION OF LIABILITY
XIII.1 To the maximum extent permitted by law, Filterra Inc. accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Application or any information contained therein. Users should be aware that they use the Application and its Content at their own risk.
XIII.2 Nothing in these terms and conditions excludes or restricts Filterra Inc. liability for death or personal injury resulting from any negligence or fraud on the part of Filterra Inc..
XIII.3 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
XIV. NO WAIVER
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
XV. PREVIOUS TERMS AND CONDITIONS
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
XVII. SUBSCRIPTION SERVICES
The Application allows you to get certain features and functionality by the means of subscription model. Please, see About Subscription page for further detailed information on the terms of subscription services.
All notices / communications shall be given to us by email to firstname.lastname@example.org. Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.