SPARTA DIGITAL TERMS AND CONDITIONS FOR BUZZIN APP
These Terms were last updated on 23 May 2018.
- Acceptance of the Terms and Conditions. These terms and Conditions (the “Terms”) set out the agreement between you and Sparta Technologies Limited t/a Sparta Digital (“Sparta Digital”, “we”, “us” and “our”), a company registered in England and Wales under company number 04440137 with registered office atBasil Chambers, 65 High Street, Manchester England, M4 1FS . Sparta Digital operates the buzzin mobile application. For the purposes of these Terms, the application shall be referred to as the “App”. By using the App you agree to be bound by these Terms. If you do not agree to any part of these Terms, do not use the App.
If you are between 13 and 18 years old, you represent and agree that you have the legal consent of your parent or guardian to access and use the App. Note that if you are under 13 years old, you may not use or access the App by yourself in any manner. If you are a parent or guardian of a minor who has registered for or used the App without your consent, please contact us at email@example.com.
You understand and agree that we may change these Terms from time to time.. We will notify you 30 days before any changes come into force. The revised Terms will become effective 30 days post notification. Any use of the App after such date shall constitute your acceptance of such revised Terms. If any change to these Terms is not acceptable to you, your remedy is to stop accessing, browsing, and otherwise using, the App alternately you can submit a data deletion request to firstname.lastname@example.org.
- 3rd Parties. Information may not always be accurate. We use third parties, such as Google Places, to provide data on which the activity information and recommendations in the App are based. We and our partners try to make sure that the data is correct and up-to-date, but we cannot guarantee that it will always be. We and our data providers do not accept any liability for any error or omission in the information available or the recommendations made through the App and exclude all liability for any action you may take or loss or injury you may suffer (direct or indirect including loss of income, profit, opportunity or time) as a result of relying on any information available through the App.
- App maintenance. Making the App reliable and enjoyable means we need to fix bugs, install updates and do general diagnosis and maintenance. We will aim to do so at what we anticipate will be non-peak times.
- Privacy. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. Because you will be responsible for all activity that happens under your access credentials, you agree to use reasonable efforts to prevent unauthorised access to or use of the App, on any device that you use to access. You agree to let us know immediately if there is a breach in secrecy of your log-in information by notifying us at: email@example.com. You will be solely responsible for any losses incurred by us and others due to any unauthorised use of your account.
Promotional Codes – We may, in our sole discretion, create promotional codes that can be redeemed for rewards, subject to additional terms we may establish on a per-promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be copied, sold or transferred in any way or made available to the general public (by posting to a public form or otherwise); (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used in accordance with the terms that we establish for such Promo Codes; (v) are not exchangeable for cash; and (vi) may expire prior to being used. If we believe that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms, we reserve the right to withhold or deduct credits or other benefits obtained through the use of those Promo Codes.
- Intellectual Property. The App contains material, including but not limited to software, text, graphics and images (collectively referred to as the “Sparta Digital Content”). We may own the Sparta Digital Content or portions of the Sparta Digital Content may be made available to us through agreements that we have with third parties.
Unauthorised use of the Sparta Digital Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Sparta Digital Content, and you will not use, copy or display the Sparta Digital Content except as permitted under these Terms. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Sparta Digital Content on any copy you make of the Sparta Digital Content. You may not sell, transfer, assign, license, sublicense, or modify the Sparta Digital Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Sparta Digital Content in any way for any public or commercial purpose. The use or posting of any of the Sparta Digital Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms, your right to access and/or use of the Sparta Digital Content and App shall automatically terminate and you shall immediately destroy any copies you have made of the Sparta Digital Content.
The trademarks, service marks, and logos of Sparta Digital (“Sparta Digital Trademarks”) used and displayed on the App are registered and unregistered trademarks or service marks of Sparta Digital. Other company, product, and service names located in the App may be trademarks or service marks owned by third-parties (“Third-Party Trademarks”, and, collectively with Sparta Digital Trademarks, “Trademarks”). Nothing in the App or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in the App without the prior written consent of Sparta Digital specific for each such use. The Trademarks may not be used to disparage Sparta Digital or the applicable third-party, Sparta Digital’s or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without Sparta Digital’s prior written consent. All goodwill generated from the use of any Sparta Digital Trademark shall inure to Sparta Digital’s benefit.
You agree not to: (a) take any action that imposes an unreasonable load on the App’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the App or any activity being conducted in the App, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the App, (d) delete or alter any material posted on the App by Sparta Digital or any other person or entity, or (e) frame or link to any of the materials or information available on the App.
Certain elements of the App are protected by trade dress, trademark, unfair competition, and other local laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors. None of the Sparta Digital Content or Submissions for the App may be retransmitted without the express written consent from Sparta Digital for each and every instance.
- User-generated content. Sparta Digital does not claim ownership of any text, images, photos, video, sounds or any other materials (collectively, “Submissions”) that you email or share on social media to Sparta Digital. However, by providing any Submissions, you hereby grant to Sparta Digital a non-exclusive, royalty-free, worldwide and irrevocable license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Submissions, including without limitation for promoting and redistributing part or all of the Sparta Digital application (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). Sparta Digital can continue to use your Submissions in these ways if you cease to use the Sparta Digital App.
- Disclaimer. Sparta Digital, its affiliates, and our respective officers, directors, employees, agents, suppliers, or licensors (collectively, “Sparta Digital Parties”) make no warranties or representations about the content of the App and the underlying software, including but not limited to its accuracy, reliability, completeness or timeliness. Sparta Digital Parties shall not be subject to liability for the truth, accuracy or completeness of the content or any other information conveyed to the user, or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. You agree that you use the App and the Content at your own risk.
Whilst Sparta Digital will monitor the App and aim to fix bugs that it spots or that are made known to us, Sparta Digital Parties do not warrant that the App or underlying software will operate error free or that the App, its server, or the content are free of computer viruses or bugs or similar contamination or destructive features. If your use of the App or the content results in the need for servicing or replacing equipment or data, no Sparta Digital Party shall be responsible for those costs.
The App and Content are provided on an “as is” and “as available” basis without any warranties of any kind. Sparta Digital Parties disclaim all warranties, whether express or implied, and including, but not limited to, merchantability, non-infringement of third-party rights, and fitness for particular purpose.
- Limitation on Liability. In no event shall any Sparta Digital Party be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the App, the information contained in the App, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if a Sparta Digital Party has been advised of the possibility of such damages.
Some states and countries do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states or countries, the liability of Sparta Digital Parties resulting from the use or inability to use the App or the information contained in the App shall be limited to the greatest extent permitted by law.
We are not liable to you for any losses that result from your use of our App other than as a consumer (including any loss of profit, loss of business, business interruption, or loss of business opportunity).
To clarify, we do not limit or exclude our liability:
- for personal injury or death resulting from our negligence;
- for fraud or fraudulent misrepresentation; or
- to the extent our liability cannot be limited or excluded under the Consumer Rights Act 2015 or any other applicable law.
We will not be liable to you for failure to carry out our obligations in relation to the App, where such failure is due to an event that is outside our control, which includes but is not limited to unforeseen traffic delays, fire, flood, storm, riot, strike, civil disturbance, war, nuclear accident or terrorist activity.
- Indemnification. You agree to defend, indemnify, and hold harmless Sparta Digital Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms or your access to, use or misuse of the Sparta Digital Content, the User Content and/or the App. Sparta Digital shall provide notice to you of any such claim, suit, or proceeding. Sparta Digital reserves the right to assume the exclusive defence and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Sparta Digital’s defence of such matter.
- Third-Party Websites. Hypertext links in the App may lead to websites that are not under operated and/or controlled by Sparta Digital. Sparta Digital accepts no responsibility or liability in respect of the material on any website which is not operated and/or controlled by Sparta Digital.
- Termination of these Terms. Sparta Digital reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the App or the Sparta Digital Content at any time and for any reason without prior notice or liability. Sparta Digital reserves the right to change, suspend, or discontinue all or any part of the App or the Sparta Digital Content (including User Content) at any time without prior notice or liability. The following sections of the Terms will survive the termination or expiration of these Terms: 5, 6, 8, 9, 10 and 13.
- Law and Jurisdiction. These Terms will be governed by English law. Any dispute arising from, or related to, these Terms shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
- Miscellaneous. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Failure of Sparta Digital to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against Sparta Digital unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Sparta Digital and you, these Terms constitute the entire agreement between you and Sparta Digital with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees.