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Terms and End-User License Agreement (“Agreement”)

Last updated: July 20th 2021

Please read this End-User License Agreement carefully before downloading or using Revuie.

Who we are and what this agreement does

We, Revuie Ltd, a company incorporated in England and Wales with company number 10628464 of Unit A, Crescent Trade Park, Redditch B98 9DZ, England license You to use the App (defined below), as permitted in this Agreement.

The App and the services provided through the App are provided solely to:

  • assist customers in gathering venue information, posting Content and searching for venues; and
  • assist hospitality and tourism businesses in engaging with customers and potential customers.

 

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Agreement: Agreement means this end-user licence agreement that forms the entire agreement between You and the Company regarding the use of the App. App means:

  • the software program provided by the Company downloaded by You through an App Store’s account to a Device, named “Revuie” together with any associated online or electronic documentation, and any updates or supplements to it/them from time to time; and/or
  • any software program together with any associated online or electronic documentation, and any updates or supplements to it/them from time to time provided by Revuie and used by Visitors via the Website.

 

App Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) by which the App has been downloaded to Your Device.

Company, We, Us or Our refers to Revuie Ltd, a company incorporated in England and Wales with company number 10628464 whose registered office is at Unit A, Crescent Trade Park, Redditch B98 9DZ.

Content refers to content such as text, images, photos, audio, video, data, reviews, or other information that can be posted, uploaded, linked to or otherwise made available by a user of the App on the App or Our website regardless of the form of that content.

Device means any device that can access the App such as a computer, a mobile phone or a digital tablet.

Family Sharing / Family Group permits You to share applications downloaded through the App Store with other family members by allowing them to view and download each other’s eligible Apps to their associated Devices.

Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the App.

Venue Data means the venue details (including but not limited to venue name, address, location, type and opening hours) but not including any review data or content.

Website means https://www.revuie.com.

You or Your means the individual accessing or using the App or the company, or other legal entity on behalf of which such individual is accessing or using the App, as applicable.

Your Content refers to content such as text, images, photos, audio, video, data, reviews or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

Acknowledgment

By downloading or using the App, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not download or do not use the App.

This Agreement is a legal document between You and Us and it governs Your use of the App made available to You by Us.

Although the App Store is not a party to this Agreement, it has the right to enforce this Agreement against You as a third party beneficiary relating to Your use of the App. The ways in which You can use the App may also be controlled by the App Store’s rules and policies and the App Store’s rules and policies will apply instead of this Agreement where there are differences between the two.

Since the App can be accessed and used by other users via, for example, Family Sharing / Family Group or volume purchasing, the use of the App by those users is also subject to this Agreement.

The App is licensed, not sold, to You by Us for use strictly in accordance with the terms of this Agreement.

Licence

Scope of Licence

We grant You a revocable, non-exclusive, non-transferable, limited license to download, install and use the App for Your personal, non-commercial purposes and strictly in accordance with the terms of this Agreement. You may share the App and the service under the App in accordance with the App Store’s family sharing.

You may only use the App on a Device that You own or control and as permitted by the App Store’s terms and conditions.

This App requires a Device with the memory and operating system requirements set out in the App Store before You download the App.

Conditions of Your use of the App

As a condition of Your use of the App and the services offered through it, You warrant that:

  • all information supplied by You via the App to Us (including Your Content) is true, accurate, current and complete;
  • if You are an account holder of the App, You will safeguard Your account information and will supervise and be completely responsible for any use of Your account by anyone other than You;
  • You are 18 years of age or older, as You must be this age in order to register for an account, use the services offered by the App and contribute to it; and
  • You possess the legal authority to enter into this Agreement and to use the App and services offered pursuant to it, in accordance with this Agreement.

 

We do not knowingly collect the information of anyone under the age of 18. We retain the right at Our sole discretion to deny anyone access to the App and the services offered by Us, at any time and for any reason, including, but not limited to, for violation of this Agreement.

By using the App, including any products or services that facilitate the sharing of Your Content or Content to or from third party sites, You understand that You are solely responsible for any information that You share with Us. You may access the App and the services offered by it solely as intended through the provided functionality of the App and as permitted under this Agreement.

Copying, transmission, reproduction, replication, posting or redistribution of (a) Content or any portion thereof and/or (b) the services offered by the App more generally is strictly prohibited unless facilitated by the App (for example, sharing Content on social media using the functionality in the App is permitted) or with Our prior written consent.

Your Account

In order to access certain features of the App, You will need to become an account holder by creating an account. When You create an account, You:

  • must provide complete and accurate information;
  • are solely responsible for the activity that occurs on Your account, including Your interaction and communication with others; and
  • must safeguard Your account, and keep Your contact information up to date.

 

Licence and other restrictions on Use of the App

Except as facilitated by the App (for example, sharing Content on social media using the functionality in the App is permitted), You agree not to, and You will not permit others to:

  • Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell or re-sell any information, software, products or services obtained from or through the App or services offered by it in relation to any Content other than Your Content.
  • Use the App or services provided by it or any Content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under the App, this Agreement and related guidelines as made available by Us.
  • Take any action that imposes, or may impose, in Our sole discretion, an unreasonable or disproportionately large load on Our infrastructure.
  • Deep link to any portion of the App or the services offered through it for any purpose without Our written consent.
  • “Frame”, “mirror” or otherwise incorporate any part of the App or services offered through it into any other websites or service without Our prior written consent.
  • Circumvent, disable or otherwise interfere with security-related features of the App or services offered through it or features that prevent or restrict use or copying of any Content.
  • Download any Content unless it’s expressly made available for download by Us.
  • Copy or use the App for any purpose other than as permitted under the above section ‘Licence’.
  • Translate, merge, adapt, vary, alter or modify, the whole or any part of the App nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on Devices as permitted in this Agreement. Disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by You during such activities:
    • is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
    • is not used to create any software that is substantially similar in its expression to the App;
    • is kept secure; and
    • is used only for the Permitted Objective.
  • Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the App.

 

Content and Your Content

Content Restrictions

We are not responsible for the entries, information or Content of the App’s users. You expressly understand and agree that You are solely responsible for Your Content and for all activity that occurs under Your account, whether done so by You or any third person using Your account.

Rules relating to Your Content

You may not transmit, distribute, store, create or otherwise publish any of Your Content through the App that is untrue, misleading unlawful, offensive, upsetting, intended to disgust, threatening, libellous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.
  • Defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, otherwise objectionable, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine generated content or randomly generated content, constituting unauthorised or unsolicited advertising, chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of a third person.
  • Mass mailings or “spamming”, “junk mail”, “chain letters” or “pyramid schemes”.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity including Us and Our employees or representatives.
  • Violating the privacy of any third person.
  • False or misleading information and features.
  • Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, National Insurance numbers and credit card numbers. Note that an individual’s surname (family name) may be posted to Our websites, but only where express permission of the identified individual has been secured beforehand.

 

We reserve the right, but not the obligation, to, in Our sole discretion, determine whether or not any of Your Content is appropriate and complies with this Agreement, refuse or remove any of Your Content. We further reserve the right to make formatting and edits and change the manner of any of Your Content. We can also limit or revoke the use of the App if You post such objectionable Content.

Your Content – Licence to Us

Please be aware that by providing Your Content to or through the App, You grant Us a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to:

  • host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such of Your Content throughout the world in any media, now known or hereafter devised;
  • without limiting the above, use any Venue Data you provide as we see fit without any restriction, including sub-licensing any such Venue Data. By editing or adding Venue Data, You agree that You are contributing from Your own observations or have the permission of the source owner. You cannot, for example, copy information from Google or similar sources;
  • make Your Content available to the rest of the world and to let others do the same;
  • provide, promote, and improve the App and services provided through it and to make Your Content shared on the App and the services offered by it available to other companies, organisations or individuals for the syndication, broadcast, distribution, promotion or publication of such of Your Content on other media and services, subject to Our Privacy Policy and this Agreement; and
  • use the name and/or trademark that You submit in connection with Your Content.

 

You acknowledge that We may choose to provide attribution of Your Content at Our discretion. You further grant Us the right to pursue at law any person or entity that violates Our rights in Your Content by a breach of this Agreement.

You warrant that Your Content is non-confidential and non-proprietary, and that You own or have the necessary licences, rights (including copyright and other proprietary rights), consents and permissions to publish and otherwise use (and for Us to publish and otherwise use) Your Content as permitted under this Agreement.

If it is determined that You retain moral rights (including rights of attribution or integrity) in Your Content, You hereby declare that, to the extent permitted by applicable law:

  • You do not require that any personally identifying information be used in connection with Your Content, or any derivative works of or upgrades or updates thereto;
  • You have no objection to the publication, use, modification, deletion and exploitation of Your Content by Us or Our licensees, successors and assigns;
  • You forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of Your Content; and
  • You forever release Us and Our licensees, successors and assigns, from any claims that You could otherwise assert against the Us by virtue of any such moral rights.

 

Restricting the grant of the Licence to Us

You may at any time limit or restrict Our use of Your Content under this Agreement in accordance with and subject to our Account Deletion Policy.

Interactive Areas of the App

The App and services offered by it may contain discussion forums, bulletin boards, review services, feeds or other forums in which You may post Your Content, such as reviews of venue experiences, messages, materials or other items (“Interactive Areas”).

If We provide such Interactive Areas on the App, You are solely responsible for Your use of such Interactive Areas and use them at Your own risk. We do not guarantee any confidentiality with respect to any of Your Content You provide via the App or in any Interactive Area.

If We provide any form of private communication channel between account holders, You agree that We may monitor the substance of such communications in order to help safeguard users and the App. You understand that the We do not edit or control the user messages posted to or distributed through the App, including through any chat rooms, bulletin boards or other communications forums, and will not be in any way responsible or liable for such messaging. In particular, We do not edit or control users’ Content that appears on the App. That said, We reserve the right to remove without notice any such messaging or other Content from the App, where We believe in good faith that such Content breaches this Agreement or otherwise believe the removal is reasonably necessary to safeguard Our rights and/or other users.

Any use of the Interactive Areas or other aspects of the App and the services provided pursuant to it in violation of this Agreement may result in (amongst other things) termination or suspension of Your rights to use the Interactive Areas and/or the App.

We cannot control all Content posted by users and use of the App at Your own risk

As We cannot control all Content posted by users and/or third parties on the App, You agree to use the App at Your own risk. You understand that by using the App You may be exposed to Content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will We be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of Your use of any Content (including, that We will not be liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity You may encounter.

As a provider of interactive services, We are not liable for any statements, representations or any other Content provided by its users (including You as to Your Content) in the App, any websites or any other forum. Although We have no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, We reserve the right, and have absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on the App or any underlying service pursuant to it at any time and for any reason, or to have such actions performed by third parties on Our behalf, and You are solely responsible for creating backup copies of and replacing any of Your Content You post or otherwise submit to Us or store on the App or underlying services under the App at Your sole cost and expense.

Intellectual Property

The App, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company (or Our licensors), and the rights in the App are licensed (not sold) to You. You have no intellectual property rights in, or to, the App other than the right to use them in accordance with this Agreement.

Your Suggestions

Any feedback, comments, ideas, improvements or suggestions provided by You to Us with respect to the App (Suggestions) shall remain the sole and exclusive property of the Company.

The Company shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to You.

Modifications to the App

We reserve the right to modify, suspend or discontinue, temporarily or permanently, the App or any service to which it connects, with or without notice and without liability to You.

Updates to the App

We may from time to time automatically update the App to provide enhancements or improvements to the features/functionality of the App, which may include patches, bug fixes, security issues, updates, upgrades and other modifications. Alternatively, We may ask You to update the App for these reasons.

If You choose not to install such updates or if You opt out of automatic updates You may not be able to continue using the App.

Updates to the App may modify or delete certain features and/or functionalities of the App. You agree that We have no obligation to (i) provide any updates, or (ii) continue to provide or enable any particular features and/or functionalities of the App to You.

You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the App, and (ii) subject to the terms and conditions of this Agreement.

Maintenance and Support

We do not provide any maintenance or support for the download and use of the App. To the extent that any maintenance or support is required by applicable law, the Company, not the App Store, shall be obligated to furnish any such maintenance or support.

Third-Party Services

The App may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services which are not provided by Us. You will need to make Your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

You acknowledge and agree that We shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. We do not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.

You must comply with applicable third parties’ terms of agreement when using the App. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at Your own risk and subject to such third parties’ terms and conditions.

Privacy Policy

We collect, store, maintain, and share information about You in accordance with Our Privacy Policy

By accepting this Agreement, You acknowledge that You hereby agree and consent to the terms and conditions of Our Privacy Policy.

Please be aware that internet transmissions are never completely private or secure and that any message or information 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.

We may collect location data (but You can turn location services off)

Certain features of the App and the services we offer to venues, will make use of location data sent from Your Device. 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 products and services.

You may stop Us collecting such data at any time by turning off the location services settings on Your Device.

Term and Termination

This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from the Company, in the event that You fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the App and all copies thereof from Your Device.

Upon termination of this Agreement, You shall cease all use of the App and delete all copies of the App from Your Device.

Termination of this Agreement will not limit any of the Company’s rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of Your obligations under the present Agreement.

Indemnification

You agree to indemnify and hold Us and Our parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable legal fees, due to or arising out of Your:

  • use of the App and services provided under it otherwise than in accordance with this Agreement;
  • violation of this Agreement or any law or regulation; or
  • violation of any right of a third party.

 

No Warranties

Please read this section carefully.

  • The information, software, products and services published on or otherwise provided by the services under the App (including any Content posted by users) may include inaccuracies or errors. We do not guarantee the accuracy of, and disclaim all liability for, any errors or other inaccuracies relating to the information and description of any venues displayed on the App and the underlying services (including, for example, the pricing, availability, experience or other reviews and ratings of a venue).
  • We do not make any representations of any kind about the suitability of the App and the underlying services, including the information contained on the App any related website or otherwise through the services under the App for any purpose (including the Content posted by users). The inclusion of any Content on the App does not constitute any endorsement or recommendation by Us of any venue or service offerings. All such information, software, products and service offerings made available through the app are provided on and as is basis without any warranty of any kind.
  • The App and the services provided under it are provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, We, on Our own behalf and on behalf of Our affiliates and Our and their respective licensors and service providers, expressly disclaim all warranties, whether express, implied, statutory or otherwise, with respect to the App and services provided under it, including all implied warranties of satisfactory quality, or fitness for a particular purpose. Without limitation to the foregoing, We provide no warranties or undertakings, and make no representation of any kind that the App and the underlying services will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
  • Without limiting the preceding text in this section, neither We nor any of Our licensors makes any representation or warranty of any kind, express or implied:
    • that the operation or availability of the App, or the information, Content, and materials or products included thereon;
    • that the App will be uninterrupted or error-free;
    • as to the accuracy, reliability, or currency of any information or Content provided through the App; or
    • that the App, its servers, the content, or e-mails sent from or on behalf of Us are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
  • Nothing in this Agreement shall affect Your statutory rights as a consumer.

Our responsibility for loss or damage suffered by You

Please read this section and the section above entitled “No Warranties” carefully as We do not give any warranties and it is unlikely that We will be liable to You for any losses suffered by You under this Agreement.

We are responsible to You for foreseeable loss and damage caused by Us. If We fail to comply with Our express obligations under this Agreement, We are responsible for loss or damage You suffer that is a foreseeable result of Our breaking this Agreement or Our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time You accepted this Agreement, both We and You knew it might happen.

We do not exclude or limit in any way Our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

When We are liable for damage to Your property. If defective digital content that We have supplied damages a Device or digital content belonging to You, We will either repair the damage or pay You compensation. However, We will not be liable for damage that You could have avoided by following Our advice to apply an update offered to You free of charge or for damage that was caused by You failing to correctly follow installation instructions or to have in place the minimum system requirements advised by Us or the App Store.

We are not liable for business losses. The App is for domestic and private use. If You use the App for any commercial, business or resale purpose We will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the App and the Services. The App is provided for general information purposes only. It does not offer advice on which You should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App. We make no representations, warranties or guarantees, whether express or implied, that such information or content posted by users on the App and the services offered by it is accurate, complete or up to date.

Please back-up content and data used with the App. We recommend that You back up any content and data used in connection with the App, to protect Yourself in case of problems with the App.

Check that the App is suitable for You. The App has not been developed to meet Your individual requirements. Please check that the facilities and functions of the App (as described on the App Store site and in the associated documentation) meet Your requirements.

We are not responsible for events outside Our control. If Our provision of the App is delayed by an event outside Our control then We will contact You as soon as possible to let You know and We will take steps to minimise the effect of the delay. Provided We do this We will not be liable for delays caused by the event.

Changes to this Agreement

We may need to change the terms of this Agreement to reflect changes in law or best practice or to deal with additional features which We introduce.

We will notify You of a change when You next start the App.

If You do not accept the notified changes You will not be permitted to continue to use the App.

We may transfer this agreement to someone else

We may transfer Our rights and obligations under this Agreement to another organisation. We will always tell You in writing if this happens and We will ensure that the transfer will not affect Your rights under the contract.

You need Our consent to transfer Your rights to someone else

You may only transfer Your rights or Your obligations under this Agreement to another person if We agree in writing.

No rights for third parties (except the App Store)

Except for the App Store who shall have the right to enforce this Agreement against You, this Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.

If a court finds part of this Agreement illegal, the rest will continue in force

Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if We delay in enforcing this Agreement, We can still enforce it later

Even if We delay in enforcing this Agreement, We can still enforce it later. If We do not insist immediately that You do anything You are required to do under this Agreement, or if We delay in taking steps against You in respect of Your breaking this Agreement, that will not mean that You do not have to do those things and it will not prevent Us taking steps against You at a later date.

Which laws apply to this Agreement and where You may bring legal proceedings

This Agreement is governed by English law and You can bring legal proceedings in respect of this Agreement in the English courts. If You live in Scotland You can bring legal proceedings in respect of this Agreement in either the Scottish or the English courts. If You live in Northern Ireland You can bring legal proceedings in respect of this Agreement in either the Northern Irish or the English courts.

Contact Us

If You have any questions about this Agreement, You can contact Us:

  • By email: info@revuie.com
  • By visiting this page on Our website: www.revuie.com/contact-us
  • By mail: Unit A, Crescent Trade Park, Redditch B98 9DZ

 

How We will communicate with You. If We have to contact You We will do so by email, using the contact details You have provided to Us.

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