END USER LICENSE AGREEMENT
Last Updated: 13th March 2019
This is a legally binding agreement between you (either an individual or a single entity), referred to herein as “YOU”, and Kompetes Ltd referred to herein as “Company” or “Kompetes” and NOT Apple Inc. (“APPLE”). This software entitled Kompetes is referred to herein as the “SOFTWARE”. Installing, opening or using all or any portion of this software indicates your acceptance of all the terms and conditions of this End-User License Agreement referred to herein as “EULA” or “TERMS” and that this agreement is equivalent to a written agreement signed by you. By using, installing or purchasing the Software, you are providing your acceptance of the terms of this agreement. This agreement is enforceable against you and any legal entity that obtained the software and on whose behalf it is used. If you do not agree to the terms of this agreement, please do not use this software.
It is illegal and strictly prohibited to distribute, publish, offer for sale, license or sublicense, give or disclose to any other party, this software in hard copy, digital form or any other medium whether existing or not yet existing, except as specifically permitted below.
Kompetes and You acknowledge that the EULA is entered into by and between Kompetes and You and not with Apple, Inc. Notwithstanding the previously stated, You acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this EULA and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this EULA. You further acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Application; that Apple has no warranty obligations whatsoever with respect to the Application, that Apple has no responsibility for addressing any claims relating to the Application, and that Apple has no obligation to investigate, defend, settle or discharge any intellectual property infringement claims that may be raised by third parties with respect to the Application.
Your Use of the App
In order to use the Services made available by our mobile applications, website or other products or services, users must be at least 17 years of age.
Persons who are younger than 17 years of age are prohibited of using our Services.
We reserve the right to block you from using our Service should you access our Service in a jurisdiction or country in which participation in a contest is not allowed. However, We do not monitor locations of users accessing our platform and you are solely responsible for complying with the laws in your jurisdiction. Services and winnings may become void by our sole discretion should the user access our Service in a location where it is prohibited or restricted by applicable Law. Therefore we cannot be held liable for any unlawful activity by the user and is at your sole risk.
Different, conflicting or additional standard terms do not become part of our contracts. These different, conflicting or additional standard terms are only applicable if we accept them individually and in written form.
Kompetes is not responsible for the quality, nature, public morality and lawfulness of the content provided by users.
Warranty claims, claims for compensation and similar liability claims will therefore not be satisfied by Kompetes.
We reserve the right to modify or terminate the Service of Kompetes for any reason, without prior notice at any time.
You agree that Kompetes cannot be held responsible or will not be liable for any modification, suspension, or discontinuance of the Services or any part thereof.
We reserve the right to modify or change our End UserLicence Agreement at our sole discretion at any time.
Any modification or change of this End UserLicence Agreement will be effective immediately.
If we modify or change material terms, we will inform you via our Service or via electronic mail.
We determine what is a material change or modification at our sole discretion using common sense and reasonable judgement.
Users must not use the Service in any way that causes, or is likely to cause, the Service or access to it to be interrupted, damaged or impaired in any way.
You agree that Kompetes is allowed to place advertising and promotions on the Service or in conjunction with your content.
We reserve the right to remove, amend the form of displaying these advertising and promotions on the Service without any notice to you.
Subject to the terms and conditions of this Agreement, Kompetes grants to You (and You agree to comply with) a non-sub-licensable, non-transferable, non-exclusive, revocable, limited license to use: (i) certain Kompetes proprietary software (the “Software”) and (ii) certain proprietary documentation in the form generally made available by Kompetes to You on the Site for use with the Software or platform.
Your use of the Services shall be restricted pursuant to the terms and conditions of this Agreement. You agree to be responsible for the acts and/or omissions of any third party using the Service through Your account. Other than as expressly granted above, no other rights are granted, including without limitation any and all Kompetes patents, copyrights, moral rights, trade secrets, trademarks, service marks, publicity rights, and other proprietary rights (whether or not perfected or perfectible) (“Intellectual Property Rights”). Nothing in this Agreement grants to You any rights whatsoever in or relating to the source code of the Software. All ownership rights, title, and Intellectual Property Rights in and to the Services shall remain in Kompetes and/or its licensors. You agree that Kompetes has the right to change, modify, add to or discontinue or retire any aspect or feature of the Service at any time. Kompetes has no obligation to give You notice of any changes. From time to time, Kompetes may, but is under no obligation to, release upgrades, fixes or new versions of the Service, although these upgrades may not be consistent across all platforms and devices.
The Service is limited to personal use only except when hosting contests.
You may open only one account per person, multiple accounts per person are not allowed. In such case we reserve the right to terminate all accounts and confiscate any winnings.
Users are not allowed to use the Service or any content provided by the Service (including, but not limited to, user data, any images, graphics, texts, logos, software, etc.) in any commercial connections.
Users must not use the Service in any way to promote their products or deliver any other information through the Service.
Kompetes monitors proper use of the Service and will take any legal actions in response to any illegal and/or unauthorised usage of the Service.
You are fully responsible for keeping your password safe and therefore prevent anyone from accessing your account.
Therefore, we cannot be held liable for any loss or damage by an unauthorised access of your account.
If you are hosting a Contest on the platform, you shall have access to all users who enter you contest.
DISCLAIMER: APPLE IS NOT AFFILIATED WITH THE CONTESTS.
Buyers can promote a Contest hosted on the platform by providing a Contest rules and regulations and paying any relevant fees in accordance to our instructions provided on the platform. Relevant fees may include an administration fee and also a commission on the income generated by the Contest. A Buyer acknowledges and agrees that it is solely responsible for the operation and promotion of the Contest and warrants that it will comply with all applicable law in respect of the operation and promotion of the Contest. We have no liability for loss suffered by a user in connection with a Contest including but not limited to loss suffered (or penalties imposed) in connection with any contravention of law.
Entrants may submit their entries in an appropriate format as specified on the Platform. All entries must comply with the Contest rules and regulations and must not infringe any Intellectual Property Rights. Any entry which infringes any Intellectual Property Rights will be an ineligible entry and subject to removal either by the Buyer or us and subject to action as per our IP Infringement Policy.
Buyers can promote either: (1) a regular prepaid Contest, under which a Buyer may select one or more winning Entrant(s) and Buyers may request that the Contest Prize be released to them if a winner has not been chosen within 30 days of the Contest closing date; or (2) a guaranteed Contest, under which a Buyer may select one or more winning Seller(s) and if no winner is selected, we will release the Contest Prize to Entrants of the guaranteed Contest and charge the appropriate fees and the Buyer will have no rights to have the Contest Prize released to them or to use any entries that have been submitted. After 30 days of the Contest closing date, we reserve the right to distribute the Contest prize to the participating Sellers.
After awarding a Contest Prize, the Buyer and winning Entrant(s) will enter into a handover and when the winning Entrant(s) has uploaded the winning entry (including all related files) to the Buyer, the Contest Prize will be released to the winner of the Contest unless disputed by the Buyer in which case the dispute must be resolved between the Buyer and winning Entrant(s) before we can release the Contest Prize to the winning Entrant(s).
For avoidance of doubt, the Buyer has no right or licence to use any entries other than the winning entry/entries. The Buyer may not: (1) promote a Contest via the platform if the Buyer is hosting a similar Contest through another service; (2) allow or request Sellers to submit entries to the Buyer via other means than the platform; and (3) award another Account that might be deemed as collusion or awarding another Account owned by the Buyer.
Users understand that they, and not Kompetes, are fully responsible for all electronic communications and content sent from their devices to us (and to other users).
Users must use the Service for lawful purposes only.
Kompetes is not obliged to pre-screen any content uploaded or shared by any user.
However, Kompetes reserves the right to refuse, delete, edit in any form or amend content provided by a user at any time, for any reason. There will be no tolerance for objectionable content or abusive users. Abusive users will be blocked and removed from the platform.
Users shall not use Kompetes’s service for any purpose that is prohibited by the End User Licence Agreement or law.
Users are solely responsible for all of their activity in connection with the Service.
- Users shall not use our Service in a way that:
- violates any law or contract;
- interrupts or attempts to interrupt our Service;
- is unfair methods against other users;
- opening of multiple accounts;
- using automated systems to use the Service (e.g. bots)
- users know is false, misleading or inaccurate;
- any money laundering activity;
- infringes any copyright, trade secret patent, trademark,
- right of publicity, or any other person’s or entity’s right;
- is abusive, is unlawful, deceptive, tortious, fraudulent, or invasive of our Service.
- (This list is by way of example and without any limitation)
We determine in our sole discretion if there is any misbehaviour (as mentioned above but not limited).
In any of these cases we reserve the right to take appropriate actions, in our sole discretion, including but not limited, terminate your account, withdraw all your winnings, inform responsible authorities and reimburse ourselves for any damages, costs, fees, etc.
You retain all of your ownership rights in your content. However, by submitting any content to Kompetes, you hereby grant us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of and display the user content in connection with the Service and Kompetes's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels now existing or developed in the future.
You also hereby grant each user of the Service a non-exclusive license to access your user content through the Service, and to use, reproduce, distribute and display such user content as permitted by these Terms and through the functionality of the Service.
The above licenses granted by you in user content you submit to the Service terminate within a commercially reasonable time after you remove or delete your content from the Service.
You understand and agree, however, that Kompetes may retain, but not display or distribute server copies of all or partly your content that have been removed or deleted.
All licenses granted by you are perpetual and irrevocable.
You further agree that your uploaded and shared content with the Service will not contain third party copyrighted material or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Kompetes all of the license rights granted herein.
Users are solely responsible to have a properly working internet connection while using our Service.
Furthermore we may look manually into any suspicious, manipulating or fraudulent behaviour within a reasonable time.
Should there be any suspicion that the user may have cheated or manipulated the result, we reserve the right to decline his result.
The onus lies with the user that he has not cheated.
We reserve the right to terminate a user’s account immediately; any winnings will become void and will be confiscated.
Furthermore we reserve to take legal actions in such cases.
No refunds shall be entertained in any circumstances.
The Software may enable access to Apple's, Licensor's and/or third-party services and websites (referred as "Third Party Services"). Use of the Services requires Internet access and use of certain Services requires you to accept additional terms. You agree that you may not use the Services without acceptance of such additional terms.
You agree that Third Party Services are not the responsibility of Kompetes. The Third Party Services are operated by third party companies other than Kompetes and are not under the control of Kompetes. The inclusion of Third Party Services on the Service does not imply endorsement or sponsorship of the application by Kompetes.
You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that neither the Kompetes nor Apple shall have any liability to you for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties or provide links to certain third party web sites. By using the Services, you acknowledge and agree that neither the Company nor Apple is responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Apple, the Company, and its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
Disclaimer of Warranty
USERS EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT USER’S SOLE RISK. NEITHER KOMPETES, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT KOMPETES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH KOMPETES. KOMPETES’S SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
Limitation and Release of Liability
KOMPETES CANNOT BE HELD LIABLE FOR ANY DAMAGES OR CLAIMS CAUSED BY ANY OFFERED SERVICES. KOMPETES IS NOT LIABLE FOR PERSONAL INJURIES. KOMPETES IS NOT LIABLE FOR MERE PECUNIARY LOSSES. KOMPETES IS THEREFORE ALSO NOT LIABLE FOR LOST PROFIT. KOMPETES IS NOT LIABLE FOR ITEMS AND CONTENTS UPLOADED BY USERS. IF OUR MOBILE APPLICATIONS OR THE WEBSITE IS LINKED TO ANOTHER WEBSITE KOMPETES IS NOT LIABLE FOR THE ITEMS AND CONTENTS SHOWN THERE. IT YOUR RESPONSIBILITY TO COMPLY WITH THE LAWS YOU MAY BE SUBJECT TO. KOMPETES IS NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL OF SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR SMARTPHONE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. KOMPETES CANNOT BE HELD LIABLE FOR ANY DAMAGES OR CLAIMS WHICH OCCUR FROM SYSTEM OR SOFTWARE ERRORS. IN CASE OF SOFTWARE ERRORS KOMPETES RESERVES THE RIGHT TO CANCEL WINNINGS AND OR GAMES. USERS ARE NOT ENTITLED TO RECEIVE ANY WINNINGS OR DAMAGES IN SUCH CASES. HOWEVER, ENTRY FEES WILL BE REFUNDED IF ELIGIBLE. KOMPETES CANNOT BE HELD LIABLE FOR ANY LOSSES OR DAMAGES DUE TO THE NON-COMPLIANCE OF THESE END USER LICENCE AGREEMENT BY USERS. USERS AGREE NOT TO INVOLVE KOMPETES IN ANY LITIGATION WHICH OCCURS DUE TO USING THE SERVICE OF KOMPETES IN ANY FORM. ALL LIMITATIONS OF LIABILITY INCLUDE KOMPETES’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBCONTRACTORS OR LICENSORS. SHOULD A COUNTRY DOES NOT ALLOW A COMPLETE EXCLUSION OR LIMITATION OF LIABILITY, THEN LIABILITY IS LIMITED TO THE SMALLEST EXTENT POSSIBLE BY LAW.
YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS KOMPETES, ITS LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL DEMANDS, LIABILITIES, LOSSES, CLAIMS AND EXPENSES, INCLUDING SOLICITOR’S FEES AND FEES CHARGED WHEN HOSTING CONTESTS, ARISING OUT OF (A) YOUR USE OF THE SERVICE, (B) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, (C) ANY FRAUD OR MANIPULATION, OR OTHER BREACH OF THIS AGREEMENT, BY YOU, OR (D) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST US ARISING OUT OF YOUR USE OF THE SERVICE OR THE SITE. KOMPETES RESERVES THE RIGHT, AT ITS OWN EXPENSE AND IN ITS SOLE DISCRETION, TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
All content included on the mobile applications and the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software is the exclusive property of Kompetes, its affiliates or its content suppliers and is protected by international copyright laws as well as by any relevant national law concerning copyright, authors rights and database right laws. The compilation of all content on mobile applications and the website is the exclusive property of Kompetes and its affiliates and is protected by copyright right laws. All software used on mobile applications and the website is the property of Kompetes, our affiliates or our software suppliers and is protected by international copyright and authors' rights laws. It is therefore understood that all intellectual property rights concerning any information, content, materials, data or processes contained on our mobile applications and the website belong to Kompetes, its affiliates and/or its content suppliers. All such intellectual property rights of Kompetes, its affiliates and/or its content suppliers are hereby reserved. You may not systematically extract and/or re-utilise parts of the contents of mobile applications and the website without Kompetes's explicit written approval. You also may not create and/or publish your own database that features substantial (e.g. user content) parts of our mobile applications and website without
Kompetes's explicit written consent. Except where explicitly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured in our mobile applications and website are in no way associated, linked or affiliated with Kompetes and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured in our mobile applications and on the website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to, it is used solely to describe or identify the products and/or services and it is in no way an assertion that such products or services are provided with the endorsement of the respective brand owner. The contents of this presentation are put on visual display on the internet and can, for personal (private) uses, be downloaded and copied. If you should have the intention of using the contents for business or other purposes, you are obliged to obtain prior approval of Kompetes.
Choice of Law Clause and Forum
This EULA shall be governed by and construed under the laws of England and Wales. You consent and agree that all legal proceedings relating to the subject matter of this EULA shall be maintained in courts sitting in England and Wales, and that jurisdiction and venue for such proceedings shall lie exclusively with such courts.
You can always contact us via the following methods if you have any questions relating to this EULA or the Software:
Address: Kompetes Ltd
71-75 Shelton Street, London WC2H 9JQ