Focalmark

Terms of Use

Last Updated: 19th March 2017

PLEASE READ CAREFULLY BEFORE DOWNLOADING OR STREAMING THE APP FROM THIS WEBSITE

These terms and conditions are a legal agreement between you and Focalmark Ltd with its registered office at 12a Eton Hall, Eton College Road, London, NW3 2DW UK (Focalmark, us or we) for Focalmark mobile application software, the data supplied with the software, and the associated media (App).

We license use of the App to you on the basis of these terms and subject to any rules or policies applied by any appstore provider or operator from whose site (Appstore), 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 THIS APP REQUIRES AN ANDROID OR APPLE DEVICE WITH A MINIMUM OF 10MB OF MEMORY. INTERNET ACCESS AND THE ANDROID OR IOS OPERATING SYSTEM 5.0 OR 10.0.
IMPORTANT NOTICE:

  1. 1.   Acknowledgements
    1. The terms of these terms apply to the App or any of the services accessible through the App, including any updates or supplements to the App, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App, the terms of an open-source licence may override some of the terms of these terms.
    2. We may change these terms at any time by sending you an SMS with details of the change or notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App.
    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 App until you have downloaded or streamed 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 handheld devices that are controlled, but not owned, by you and described in condition 2.2 (Devices) and to download or stream 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 these terms for the use of the App on or in relation to any Device, whether or not it is owned by you.
    5. The terms of our privacy policy from time to time, available at Privacy Policy are incorporated into these terms by reference. Additionally, by using the App or any service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
    6. By using the App, 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 products and to provide any services to you.
    7. Focalmark, will 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 these 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 Device.
    8. The App 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 judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
    9. Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
  2. 2.   Grant and scope of licence
    1. In consideration of you agreeing to abide by the terms of these terms, we grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to these terms, the Privacy Policy and the Appstore Rules, incorporated into these terms by reference. We reserve all other rights.
    2. You may download or stream a copy of the App onto handheld devices onto which the App may be downloaded and to view, use and display the App on the Devices for your personal purposes only.
  3. 3.   License Restrictions
    1. Except as expressly set out in these terms 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 section 296A 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. 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
      9. 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),
    2. together Licence Restrictions.
  4. 4.   Acceptable use restrictions
    1. You must:
      1. not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App or any operating system;
      2. not infringe our intellectual property rights or those of any third party in relation to your use of the App, including the submission of any material (to the extent that such use is not licensed by these terms);
      3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
      4. not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
      5. not collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running any service.
      6. agree to all of Instagram’s terms of use
    2. together Acceptable Use Restrictions.
  5. 5.   Intellectual property rights
    1. You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with the terms of these terms.
    2. You acknowledge that you have no right to have access to the App in source-code form.
    3. Android is a trademark of Google Inc. Apple is a trademark of Apple Inc. Instagram is a trademark of Instagram, LLC.
  6. 6.   Limitation of liability
    1. You acknowledge that the App 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 App meet your requirements.
    2. We only supply the App for domestic and private use. You agree not to use the App 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. To the maximum extent permitted by law, Focalmark will not be liable for any losses and/or damages arising from the use of this App or of any website to which this App provides a link, and/or from the use of information presented on this or any such website
  7. 7.   IN-APP PURCHASES
    1. The number of hashtags that you receive when your download the App is ten. You can increase the number of hashtags you wish to use via in-app purchase on the Appstore. Following purchase, you will be able to increase or decrease the number of hashtags on the App depending on the category.
    2. You will lose any unlocked content if you request a refund on your purchase on the Appstore or Play Store.
    3. With Play Store, all refund requests should go through Google.
    4. Users on iOS should report problems with purchases to Apple.
    5. You acknowledge and agree that the price, availability and content of the in-app purchases and any other purchases are subject to change.
  8. 8.   Termination
    1. We may terminate these terms immediately by written notice to you:
      1. if you commit a material or persistent breach of these terms which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
      2. if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and
      3. if you are refunded for any purchases on Appstore and you will lose the right to such purchased material.
    2. On termination for any reason:
      1. all rights granted to you under these terms shall cease;
      2. you must immediately cease all activities authorised by these terms;
      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; and
      4. we may remotely access the Devices and remove the App from all of them and cease providing you with access to the App.
  9. 9.   Communication between us
    1. If you wish to contact us in writing, or if any condition in these terms requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to Focalmark at 12A ETON HALL, ETON COLLEGE ROAD, LONDN, NW3 2DW and contact@focalmark.com. We will confirm receipt of this by contacting you in writing, normally by e-mail.
    2. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App.
  10. 10.   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 these terms that is caused by any act or event beyond our reasonable control, including 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 these terms:
      1. our obligations under these terms 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 endeavours to find a solution by which our obligations under these terms may be performed despite the Event Outside Our Control.
  11. 11.   Other important terms
    1. We may transfer our rights and obligations under these terms to another organisation, but this will not affect your rights or our obligations under these terms.
    2. You may only transfer your rights or obligations under these terms to another person if we agree in writing.
    3. If we fail to insist that you perform any of your obligations under these terms, 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 these terms 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 these terms, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.
  12. This agreement has been entered into on the date stated at the beginning of it.