CamRate Terms of Service

We are Camrate Limited ("CamRate") and these Terms of Service (the "Terms") govern the legal relationship between you and CamRate when you use our rating mobile application (the "App"). Our App offers a platform allowing you to share your personal opinion with others by rating places and things using CamRate's simple rating scale (the "Service"). The content that you create when using the App whether such content be submitted via the App as text, images, audio or otherwise is referred to in these Terms as "Content" (As further defined in Paragraph 9(a) below).

  1. Background:These Terms govern the relationship between you and Camrate Limited (a private limited company incorporated in England and Wales with company number 08749457 with its registered office at 4th Floor, 33 Cavendish Square, London, England, W1G 0PW.

  1. Code of Conduct:The App is made available to you on the basis you use it to share your personal opinion with others by rating places and things. The App allows other users of the App (you and each such user being a "User") to respond to your personal opinion and continue the debate should they and other Users so wish. CamRate makes its App available for these purposes and does not permit the use of its App for any other purpose (including any illegal purpose). For this reason, CamRate has a code of conduct (see) (the "Code")that applies to your use of the App and CamRate reserves the right to end your use of the App and to remove your Content if CamRate believes you breach the Code. The Code forms part of these Terms. By agreeing to these Terms you agree to use the App in compliance with the Code of Conduct.

  1. Privacy & Cookies Policy: The information CamRate collects from you and about individuals as a result of your use of the App and the ways in which CamRate uses this information is covered in CamRate's Privacy and Cookies Policy (see).The Privacy and Cookies Policy form part of these Terms. By agreeing to these Terms you consent to the collection, use and storage of your information as described in our Privacy & Cookies Policy.

  1. The App and Monetisation: Whilst CamRate's publication of the App is driven by a desire to offer Users a platform to voice their personal opinion on places and things, CamRate publishes the App for its own commercial purposes. CamRate currently offers the App as a standalone application via an online store (such as Apple’s ‘App Store’, or Google’s ‘Google Play’ – each a ‘Platform’) and its current business model is to generate revenue from in-app advertising. CamRate's business model and the platform(s) on which the App is available may change requiring it to vary these Terms. If you disagree with these variations you can stop using the App and ask CamRate to remove your Content.

  1. Your eligibility: To use the App you promise that:

    1. you are legally entitled to own the device you are using to access and use the App;

    2. you are not located in a country that is: (i) subject to a US Government embargo or 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;

    3. the information you provide to CamRate is true and accurate and you will update such information when necessary;

    4. you have not previously been banned or blocked from using either our App or any relevant Platform;

    5. you have an account with the Platform on which you purchased the App; and

    6. you will use the App in compliance with the Code and, specifically, will not:

      1. copy, sublet, lease licence, loan, lend, sell, trade or otherwise deal with the App;

      2. use the App for any illegal activities;

      3. use the App to disseminate any information, content or material that is defamatory, offensive, malicious, mean-spirited, obscene, violent, threatening, libellous, discriminatory or otherwise, in CamRate’s opinion, offensive;

      4. use the App to disseminate any content that would or might infringe, any intellectual property rights of any third party, including CamRate.

  1. Acceptance of these Terms: If you download the App you are deemed to accept these Terms. You acknowledge that these Terms: (a) apply from the date on which you first download the App; (b) apply to your use of the App; and (c) form a legally binding contract between you and CamRate. If you disagree with these Terms you can cease using the App at any time and ask CamRate to remove your Content.

  1. The relationship with Platform providers: We both acknowledge that your acceptance of these Terms form a legally binding contract between you and CamRate; not with the Platform providers (e.g. Apple, Google, Blackberry). CamRate is solely responsible to you for the App and its content; not the Platform providers, although the relevant Platform’s terms and conditions also apply to your use of the App (the “Platform Terms”). If there is any conflict between these Terms and the Platform Terms, the Platform Terms shall prevail.

  1. Special Terms: In addition to these Terms, the Privacy and Cookie Policy, the Code and the Platform Terms, further special terms and conditions also apply to your use of the App, depending on how you access it. For example, if you access the App through Facebook using its ‘Facebook Connect’ functionality, Facebook’s terms of service may apply. Also, from time to time CamRate, or one of its business partners or a third party, may operate a competition or promotion that is subject to additional further terms. Each of these are “Special Terms”. If there is any conflict between these Terms and the Special Terms, the Special Terms shall prevail.

  1. Your Content: Your responsibility and your intellectual property:  

    1. When CamRate refers to "Content" in these Terms it includes postings, messages, text, files, images, photos, video, sounds and other material you input onto or upload to the App.  You acknowledge and agree that you are entirely responsible for your Content. You represent and warrant to CamRate that you own or otherwise have the right to use your Content under licence from the third party who owns any element of it.

    2. You undertake to Camrate to adhere to the Code and to ensure that your Content complies with these Terms and applicable laws, regulations and codes of practice (including, in particular, the laws of copyright, privacy, data protection and defamation)(together ‘Applicable Standards’)

    3. CamRate shall not be responsible, or liable to any third party for your Content. CamRate has the right to remove your Content from the App if, in its opinion, your Content does not comply with the Applicable Standards.

    4. You must evaluate, and bear all risks associated with, the use of your Content or any reliance on said content. These risks include failing to obtain third party permissions to use content owned by them. In no circumstances will CamRate be liable in any way for your Content or for any loss or damage of any kind incurred as a result of your Content being made available via the Service and/or failing to comply with Applicable Standards. If there is any dispute between you and any third party in relation to your Content, CamRate is under no obligation to either you or that third party to become involved unless required by law to do so.

    5. You acknowledge and agree that whilst CamRate does not pre-screen or approve your Content, CamRate has the right (but not the obligation), in its sole discretion, to refuse, delete or move any of your Content that is available via the Service for any reasonable reason including non-compliance with Applicable Standards. 

    6. CAMRATE DOES NOT PURPORT TO OWN YOUR CONTENT. CamRate acknowledges that all intellectual property rights subsisting in your Content are and shall remain your (or your licensor(s)) property. You grant to CamRate a perpetual, irrevocable, transferrable, sub-licensable, royalty-free and non-exclusive licence to make your Content available on the App for the provision of the Service to you and other Users and to further use your Content in any CamRate wishes (including for any commercial purpose). Further, you understand that CamRate may make such changes to your Content as CamRate deems necessary to conform and adapt your Content to meet Applicable Standards and/or the technical requirements of the App or Service. You agree that this licence shall permit Camrate to take these actions. 

    7. CamRate shall have the right to disclose account information about you to any third party who CamRate believes has a credible claim that your Content fails to comply with the Applicable Standards.

  1. CamRate’s Intellectual Property:

    1. “CamRate” (word and logo)(including UK registered trade mark 3048047 and EU trade mark application 013272869) and all other names, logos, icons and marks identifying CamRate and its Service are trade marks of CamRate and may not be used without CamRate's prior written consent.

    2. The App and the content offered from the App (including all text, information, data, software, executable code, images, audio or video material in whatever medium or form); the App’s look and feel, graphic user interface and functionality; and, the software (in object code and source code format) that powers the App and that is used to provide the content on it (including any error corrections, updates, upgrades, modifications and enhancements to it made by us) are the property of CamRate.

    3. With the exception of your Content, all right, title and ownership to all intellectual property rights in the App remain with CamRate (or its licensor(s)). Except as expressly provided for in these Terms, nothing shall be construed to grant you any right, title or interest in or to CamRate's intellectual property rights.

    4. All rights not expressly granted by CamRate to you or Users pursuant to these Terms are expressly reserved.

  1. Grant of a Licence:Provided that you have a valid account with the Platform on which you purchased the App and in consideration of your agreement to be bound by these Terms, CamRate grants you a single non-exclusive, non-transferable, revocable licence permitting you to use the App for your personal, non-commercial, entertainment purposes on all devices which relate to the Platform. CamRate owns (or has a licence to use) all intellectual property in the App (including all copyright in the underlying software code and in the visual artwork and graphics and all trade mark rights in the App title). By using the App under licence you do not acquire any intellectual property rights in our App.

  1. Termination or Suspension of your Account: CamRate may in its absolute discretion, at any time:

    1. with immediate effect, terminate or suspend your use of the App;

    2. remove any Content you publish on the App;

    3. verify your information by requesting certain documents and refuse your requests to use the App if CamRate believes there is reason to do so;

    4. take any steps (for example, technical or legal steps) to terminate or suspend your use of the App if CamRate believes you have failed to comply with any of the provisions of these Terms; and

    5. if CamRate decides to terminate, suspend or refuse to accept your account, share or publish your name and email address and notify third parties (including Platform providers).

EXCLUSIONS AND LIMITATIONS OF LIABILITY

  1. What is not excluded or limited: None of the exclusions or limitations set out below in relation to CamRate's liability to you relating to your use of the App shall exclude or restrict CamRate’s liability for death or personal injury caused by its negligence or for any fraudulent misrepresentation or for any other liability that CamRate cannot exclude or limit under applicable law.

  1. Implied Terms:The express terms of these Terms are in place of all warranties, representations, conditions, terms, undertakings and obligations which but for these Terms would be implied or incorporated by any collateral agreement, statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.

  1. Representations and Warranties in relation to the App:CamRate provides the App to you on an ‘as is’ basis. CamRate does not represent or warrant that access to the App will be uninterrupted, reliable or fault free. CamRate does not represent or warrant to you that the App will be accurate, complete or reliable.While CamRate shall endeavour to ensure the App is made available to you 24 hours a day, CamRate will not be liable to you if for any reason the App is unavailable at any time or for any period. Access to the App may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond CamRate’s control. CamRate may also need to modify or maintain the App at any time.If this need arises, CamRate may suspend access to the App or any part of it or close it indefinitely. We both acknowledge that Platform providers have no obligation whatsoever to provide you with any support or maintenance services in relation to the App.

  1. Exclusions of liability: subject to paragraph 13 and the limitation of liability in paragraph 16, CAMRATE WILL BE LIABLE TO YOU FOR ANY DIRECT LOSS YOU SUFFER AS A RESULT OF CAMRATE BREACHING ITS OBLIGATIONS UNDER THESE TERMS IF SUCH LOSSES WERE REASONABLY FORESEEABLE TO BOTH PARTIES WHEN YOU COMMENCED USING THE APP. Otherwise, to the extent permitted by applicable law, CamRate excludes liability (whether arising in contract, tort or otherwise and whether or not due to its negligence):

    1. which CamRate may otherwise have to you as a result of: (i) any technical, factual, textual or typographical inaccuracies, errors or omissions (human or computer-generated) on or relating to the App or any information provided in relation to the App; (ii) the unavailability of the App (or any part of it); OR (iii) any misrepresentation on or relating to the App;

    2. IN RELATION TO youR, or any OTHER PERSON’S, USE of THE APP or in connection with, inability to use, or results of the use of the App, any websites linked to it and any use of the App or Content, including any liability for: (i) loss of Content; (ii) loss or damage caused by viruses, bugs or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to you use of the App or the downloading or uploading of any Content via the App; (iii) loss of goodwill; (Iv) any loss incurred as a result of any legal claim or regulatory action arising from the activities of any User using the App infringing third party intellectual property or breaching applicable law; (v) any statements or conduct of any User of the App; (vi) any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; OR

    3. that you may incur as a result of someone else using your identity, log-in details, password or account, with or without your knowledge, including if a device used to activate your account is stolen.

    4. FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE

  1. LIMITATION OF LIABILITY: NOTWITHSTANDING ANY OF THE FOREGOING PROVISIONS, CAMRATE’S maximum liability to you in respect of your use of the App shall be THE AMOUNT OF £50. .

  1. Reasonableness of Exclusions and Limitations: You agree that each of these exclusions and limitations is reasonable having regard to the nature of the App, THAT IT IS CURRENTLY PROVIDED FOR FREE AND THE PROPOSED USE OF THE APP.

  1. Severability:Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of our contract with you.

THIRD PARTIES, ADVERTISING AND GENERAL

  1. Third Party Advertising:CamRate may generate revenue from your use of the App by advertising goods and/or services of third parties by serving ads that you might see and respond to when using the App.

  1. Third Party Links: Certain links, including hypertext links, from the App and from any social networking platform you are using may take you outside the App and any social networking platform from which the App is accessed. This does not imply endorsement by CamRate of the linked site, its operator or its content. You acknowledge that CamRate does not control the content on such websites and does not guarantee the accuracy, integrity or quality of such content. Such sites may be governed by their own terms and privacy and cookies policies.

  1. General

    1. Dealings in Rights and Obligations:CamRate may assign its rights and/or transfer its obligations under this contract with you to any third party including the ability to sub-license and/or sub-contract its rights and obligations under this contract with you to any third party. You acknowledge and agree that Platform providers and their subsidiaries are third party beneficiaries of this Agreement and may enforce its terms and conditions against you.

    2. Notices:All notices which are required to be given under these Terms shall be in writing and shall be sent by email to the address of the party as follows to CamRate, at info@camrate.com and to you, as provided in your account; or, with respect to either of us, such other address as the recipient may designate by notice given in writing. Any such notice shall be deemed to have been served, by email, when successfully despatched in full.

    3. Severability:If any provision in these Terms is, in whole or in part, held by a court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable under any enactment or rule of law then that provision or part thereof shall to that extent be deemed not to form part of these Terms and the enforceability and validity of the remainder of these Terms shall not be affected.

    4. Entire Agreement:These Terms shall apply between us in respect of the matters described herein to the exclusion of all other terms (including any terms and conditions that you purport to apply) other than Special Terms described in paragraph You shall not be entitled to rely on any agreement, understanding or arrangement which is not expressly set forth in these Terms.

    5. Governing Law and Jurisdiction:These Terms shall be governed by and construed in accordance with English law. Any disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.

  1. Complaints and Disputes: Please contact CamRate immediately using its contact details at paragraph 27 below if you: (a) have any questions, complaints, claims or concerns about content which appears in the App or in relation to CamRate generally; or (b) believe that any act or omission by CamRate or one of its users is in breach of applicable law. CamRate will then consider your concerns and decide whether to take action and whether or not any other user has in CamRate’s opinion, breached any of these Terms. CamRate will endeavour to inform you of the outcome of any review within a reasonable time of receiving your complaint. We both acknowledge that Platform providers have no obligation whatsoever to investigate, settle, defend or discharge any disputes in relation to the intellectual property of the App.

  1. CamRate contact details: Please contact us by email at info@camrate.com or by post to FAO Camrate Limited 4th Floor, 33 Cavendish Square, London, England, W1G 0PW.

Date Published: March 2015