The App requires a iOS device with internet access and the iOS 9 operating system.
1.5 When using the App, you acknowledge that internet transmissions are never completely private or secure. You understand that any material or information that you send using the App may be read or intercepted by others (even if there is a special notice that a particular transmission is encrypted).
1.6 The App may contain links to independent, third-party websites. These are not under our control, and we are not responsible for (and do not endorse) their content or any of the services they provide. You need to make your own judgment about your use of such websites, and the purchase/use of any products or services available through them.
2) GRANT AND SCOPE OF LICENCE
2.2 You may download a copy of the App onto your device to view, use and display the App for your personal purposes only.
(a) not to copy the App, except where such copying is incidental to the normal use of the App, or is necessary for the purpose of back-up or operational security, in which case you must include our copyright notice on all copies of the App that you make (on any medium or in any format) and keep all such copies of the App secure;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App, or make any alterations or modifications to the App, or any part of the App, or permit the App (or any part of it) to be combined with, or become incorporated into, any other application, program or software;
(c) not to disassemble, decompile, reverse-engineer or create derivative works based on the App, 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 (i) is used only for the purpose of achieving inter-operability of the App with another software program (ii) is not unnecessarily disclosed or communicated to any third party without our prior written consent and (iii) is not used to create any software that is the same as, or substantially similar to, the App.
(d) not to provide the App, or to otherwise make it available, in whole or in part, in any form (including as object or source code), to any person without our prior written consent; and
(e) to comply with all technology control and export laws and regulations that apply to the technology used or supported by the App (the Technology).
3) ACCEPTABLE USE OF THE APP
3.1 You must:
(b)not infringe our intellectual property rights, or those of any third party, through your use of the App including (without limitation) when submitting material to commission any prospective artwork through the App;
(c)when using the App, transmit any material that is defamatory, illegal, offensive or otherwise objectionable;
(d) not use the App in a way that could damage, disable, overburden, impair or compromise our (or any other party’s) systems or security or interfere with any other users of the App;
(e) not collect any information or data from the App, or from any of our systems, or attempt to decipher any transmissions to or from the servers running the App at any time.
4) INTELLECTUAL PROPERTY RIGHTS
4.2 All content uploaded to (or otherwise made available through) the App by you, from time to time and for any purpose, remains your sole and exclusive property. You acknowledge and agree that you are solely responsible for all such content and warrant that (a) you are either the sole and exclusive owner of such content, or you have all rights, licenses, consents and releases necessary to grant to us, and the relevant artist, the rights to use that content for the purposes of, and otherwise in connection with, the App and, if applicable, the commissioning, creation and completion of any resulting artwork and (b) your uploading of that content, and our and the relevant artist’s use of that content through, or by means of, the App does not (and will not) infringe the intellectual property rights of any third party. We do not routinely review, and we are not responsible or liable for, any content that you upload to (or otherwise make available through) the App.
5) OUR LIABILITY
5.1 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 functions of the App, and the services available through it, meet your own requirements.
5.3 If you commission artwork through the App, and an artist accepts the commission by e-mail, that will constitute a separate legally-binding contract between you and the relevant artist. We are not a party to that contract. In the event of any dispute arising in connection with a commission, you should first try to resolve that directly with the artist. If you cannot resolve the dispute, we will consider each case individually and try to assist the parties in finding a solution. However please remember that, while we will try to facilitate the resolution of any such dispute, we will not be a party to the commission and so we will have no control over the actions or conduct of the artist in relation to the commission.
5.4 We try to keep the App secure, and functioning properly, at all times but we cannot guarantee the continuous operation of, or continued access to, the App. We will not be liable to you for any losses that you may incur in connection with (a) your use of, or your inability to use, the App (b) any virus or other malicious software transmitted as a result of (or any damage to any hardware device caused by) your use of the App or (c) the content, actions or inactions of any other users of the App (or any other third parties).
5.5 We will not be liable or responsible, in connection with the App or any part of the Technology, or your use (or the availability) thereof, for any act or event that is beyond our reasonable control, including (without limitation) any failure of any public or private telecommunications network. If such an act or event affects the performance of any of our express or implied obligations to you, those obligations will be suspended, and the time for performance of those obligations will be extended for the duration of the relevant event or period. In any event, we will use our reasonable endeavours to find a solution so that the obligations in question can be performed despite the occurrence of the act or event in question.
7) OTHER IMPORTANT TERMS