the Apple iPhone store website (the "Apple Site") located at http://www.apple.com/iphone/appstore/ or;
the Google Play store website (the "Google Site") located at https://play.google.com/store?hl=en.
Blippar is the collective name for the group of companies whose parent is Blippar.Com Limited (registered in England and Wales, number 07446749). The subsidiaries of Blippar.Com Limited include Blippar LLC in the United States ("Blippar USA"), Blippar K.K in Japan ("Blippar Japan") ,Blippar India Ltd in India ("Blippar India") and Layar B.V in the Netherlands ("Layar").
When we refer to ''we'' or ''our'' or ''Blippar'' in this Agreement we are referring to Blippar.Com Limited.
Both we and you acknowledge that this Agreement is between us and you, and that Apple, Inc. and its subsidiaries (collectively, "Apple") and Google, Inc. and its subsidiaries (collectively, "Google") are not parties to this Agreement.We are solely responsible for the content of the Blippar App.
The procedures for modifying or changing this Agreement in the future are discussed in Section 7.
This Agreement comprises of the global terms and conditions from pages 1 to 7 of this document (the "Global Terms and Conditions) and the local terms and conditions that are set out in the schedules to this Agreement from page 8 of this document ("Local Terms and Conditions").
The Global Terms and Conditions apply if you are downloading and using the Blippar App in the United Kingdom. If you are downloading and using the Blippar App in a country named in a schedule to the Global Terms and Conditions, the Global Terms and Conditions apply as such Global Terms and Conditions are amended by the Local Terms and Conditions set out in the schedule that is applicable to such country. The Local Terms and Conditions amend and take precedence over the Global Terms and Conditions and, in the event of any conflict or inconsistency between the Global Terms and Conditions and the Local Terms and Conditions, the Local Terms and Conditions shall apply.
If you are not downloading and using the Blippar App in the United Kingdom or in any of the countries named in the schedules to his Agreement, the Global Terms and Conditions apply.
GLOBAL TERMS AND CONDITIONS
This Agreement is conditional upon your agreement also to:
the Apple Site Terms of Service http://www.apple.com/legal/internet-services/itunes/uk/terms.html with Apple (the "Apple Terms of Service"); and
the Google Site Terms of Service https://play.google.com/intl/en_uk/about/play-terms.html with Google (the "Google Terms of Service").
Upon valid acceptance of this Agreement, you agree and understand that you are bound by the Apple Terms of Service and Google Terms of Service.
1.Your Use of the Blippar App.
This Blippar App permits you to use the Blippar software application for mobile devices ("Blippar App") and the Blippar information technology augmented reality and image recognition platform ("Blippar Services") that Blippar may make available from time to time from your mobile device (collectively, "Device").
Once you download the Blippar App onto your Device and accept this Agreement, you may use the Blippar App to use the Blippar Services.
We grant you a limited, terminable, non-sublicensable, non-transferable, non-exclusive license to install and use the Blippar App on any Device that you own or control solely:
(a) for your personal use in connection with using the Blippar Services; and
(b) as permitted by the Apple Terms of Service or Google Terms of Service (as applicable).
This Agreement will also govern any software upgrades provided by Blippar that replace and/or supplement the original Blippar App, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern.
Neither Apple nor Google has any obligation to provide you with any updates, maintenance or support services for the Blippar App.
3. License Restrictions and Usage Rules.
3.1 License Restrictions.
You may not use the Blippar App on any Device that you do not own or control, and you may not distribute or make the Blippar App available over a network where it could be used by multiple devices at the same time.
You may not rent, lease, lend, sell, redistribute or sublicense the Blippar App.
You may not copy (except as expressly permitted by this Agreement and the usage rules described in Section 3.2), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Blippar App, any updates or any part thereof (except to the extent any foregoing restriction is permitted by applicable law).
You represent and warrant that you will use the Blippar App and the Blippar Services in accordance with all applicable contracts, laws, rules and regulations.
3.2 Usage Rules.
You acknowledge that the Blippar App contains security technology that limits your usage of the Blippar App to the following applicable usage rules.
Whether or not the Blippar App is limited by security technology, you agree to use the Blippar App in compliance with the applicable usage rules:
(a)your use of the Blippar App is conditioned upon your prior acceptance of the terms of this Agreement;
(b)you will be able to store the Blippar App from up to five different Accounts (as defined in the Apple Terms of Service) on certain devices, including the Devices, at a time;
(c)you will be able to store the Blippar App on five authorized devices at any time;
(d)you will not attempt to, or encourage or assist any other person to circumvent or modify any security technology or software that is part of the Service (as defined in the Apple Terms of Service) or used to administer the Usage Rules (as defined in the Apple Terms of Service);
(e)the delivery of the Blippar App does not transfer to you any promotional use rights in the Blippar App; and
(f)you shall be able to manually sync the Blippar App from at least one authorized device to devices that have manual sync mode, provided that the Blippar App is associated with an Account (as defined in the Apple Terms of Service) on the primary iTunes authorized device, where the primary iTunes-authorized device is the one that was first synced with the device, or the one that you subsequently designate as primary using iTunes.
4. Termination and Survival.
If you breach this Agreement, we may immediately terminate this Agreement, but all provisions of this Agreement except Section 2 ("License Grant") will survive termination and continue in effect.
We may terminate this Agreement for any reason by giving you at least two calendar months' notice.
Upon termination, you must destroy all copies of the Blippar App.
5. License to Blippar of User Generated Content
By using the Blippar App to view digital content from our servers, you are also submitting digital content viewed by you on your Device to our servers.
You agree to grant, and thereby grant, to us a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, non-revocable, worldwide license to copy, modify, and otherwise use content viewed by you using your Device ("User Generated Content") to make the Blippar Service available to you and for our general business purposes.
You hereby acknowledge and agree that the use of the Blippar App and the Blippar Service is sufficient consideration for the grant of this license to us.
You represent, warrant and undertake that the User Generated Content does not and will not infringe the rights (including the Intellectual Property Rights) of any third party and shall comply with all applicable laws.
You shall indemnify Blippar and shall keep Blippar indemnified from and against all losses arising out of or in connection with any claim or allegation that the User Generated Content infringes all applicable laws and/or the rights (including, without limitation, the Intellectual Property Rights) of any third party.
6. Proprietary Rights.
We reserve all intellectual property rights in the Blippar App and the Blippar Services, except for the rights expressly granted in this Agreement.
You may not remove or alter any trademark, logo, copyright or other proprietary notice in or on the Blippar App.
This Agreement does not grant you any right to use the trademarks, service marks or logos of Blippar or its licensors.
7. Modification of this Agreement.
We may need to modify this Agreement from time to time. In most circumstances the reasons for these modifications are to reflect changes in the law, to meet regulatory requirements or to reflect new industry guidance and codes of practice.
If we modify the Agreement, we will post a notice on the Blippar website located at https://www.blippar.com, and we will alert you by email if you have given us your email address.You must click to accept the new agreement before you may continue to use the Blippar App. If you do not wish to accept the new agreement, you may terminate this Agreement by deleting the Blippar App.
We will at our expense and option defend or settle any claim brought against you alleging that the Blippar App or your possession and use of the Blippar App breaches any third-party intellectual property rights. We, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of this third-party intellectual property infringement claim.
We will have no obligation with respect to any claim under Section 8.1 unless:
(a) you promptly notify us about the claim;
(b) you allow us to have sole control of the defense and settlement of such claim; and
(c) you provide us with reasonable assistance in connection with our defense and settlement of such claim.
8.3 Our Options.
If the Blippar App infringes or misappropriates, or in our reasonable determination is likely to infringe or misappropriate any third party's intellectual property rights, then we may, at our sole option and expense:
(a) obtain from the third party the right to continue to use the Blippar App consistent with the rights granted hereunder; or
(b) modify the Blippar App to avoid and eliminate such infringement or misappropriation.
We will not be liable for any infringement based on:
(a) modification of the Blippar App by anyone other than us; or
(b) the combination of the Blippar App with other software, items or processes not furnished by us if such infringement would have been avoided by the use of the Software alone.
9. Disclaimer of Warranty.
The Blippar App has been developed with, and the Blippar Services, are provided with, reasonable care and skill. Blippar does not make any other promises or warranties about the Blippar App and in particular does not warrant that:
(i) the Blippar App will provide uninterrupted or error-free use and the Blippar Services will be uninterrupted or error-free; and
(ii) the Blippar App and Blippar Services will operate free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion. You shall be responsible for backing up your own system.
Except as set out in Section 11 below, or in the event that you are exercising any applicable statutory right to refund or compensation, in no case shall Blippar be liable for any loss or damage caused by the Blippar App where:
(i) there is no breach of a legal duty of care owed to you by Blippar;
(ii) it is not a reasonably foreseeable result of any such breach;
(iii) any increase in loss or damage results from breach by you of any term of this Agreement;
(iv) it results from a decision by Blippar, to suspend or terminate your access to the Blippar App or the Blippar Service, or to take any other action during the investigation of a suspected breach or as a result of a breach, of this Agreement;
(v) it relates to loss of income, business or profits, or any loss of data or corruption of data in connection with your use of the Blippar App or the Blippar Service; or
(vi) the loss or damage is indirect.
10. Limitation of Liability.
Except as set forth in Section 11, Blippar's aggregate liability under this Agreement will shall be limited to the lower of the sum equal to the data cost of downloading the Blippar App to your Device or £75.
11. No Limits or Exclusions
Nothing in this Agreement excludes or limits Blippar's liability for fraud, fraudulent misrepresentation or for death or personal injury.
12. Suspension of the Blippar App and Blippar Services
We can, at any time, suspend your use of the Blippar App and/or Blippar Services. We will do this if we think it is reasonably necessary because:
we have concerns about the security of the Blippar App or Blippar Services;
we are obliged to do so in order to comply with the order of a court, regulatory authority or other government body; or
we reasonably believe that you are using the Blippar App or Blippar Services in a manner that is inconsistent with or breaches any of our, Apple or Google's usage rules.
We will usually give you advance notice of any suspension and tell you why. However, we will not do so if this would compromise our reasonable security measures or it is unlawful to do this. Occasionally, we may not be able to contact you to give you advance notice.
13. Injunctive Relief.
We will have the right to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third-party rights.
14. Choice of Law and Jurisdiction
This Agreement and any non-contractual obligations arising out of or in connection with it shall be governed by and construed in accordance with English law.
The Parties hereby agree to submit to the exclusive jurisdiction of the English Courts in respect of all disputes arising out of or in connection with this Agreement.
15. Entire Agreement.
This Agreement constitutes the entire agreement between you and us regarding the use of this Blippar App and supersedes any prior or contemporaneous understandings and agreements between you and us related to its subject matter.
16. Third Party Beneficiaries.
Any person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any terms of this Agreement.
17. Section Titles.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
The parties agree that each provision of this Agreement is intended to be construed to be enforceable to the fullest extent possible.If any provision or part of a provision of this Agreement is held to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any remaining provisions.
You may not assign your rights under this Agreement to any third party; we may assign our rights under this Agreement by providing you with notice of such assignment. If you do not wish our rights under this Agreement to be assigned to a third party, you may terminate this Agreement by providing us with written notice of the same.
21. Product Questions, Comments, Claims and Contact Information.
We, and not Apple or Google, are responsible for addressing any questions, comments or claims relating to the Blippar App and/or your use of the Blippar App, including but not limited to:
product liability claims;
personal data claims;
any claim that the Blippar App fails to conform to any applicable legal or regulatory requirement; and
claims arising under consumer protection or similar legislation.
If you have any comments or questions, please contact Blippar at:
5th Floor West, 1 London Bridge,
London, SE1 9BG, UK