1.1 These terms and conditions shall govern your use of our mobile app
1.2 By using our app, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our mobile application
1.3 If you register with our mobile app, submit any material to our mobile app or use any of our mobile app services, you expressly agree to these terms and conditions.
1.4 You must be at least 13 years of age to use our mobile app; by using our mobile app or agreeing to these terms and conditions, you warrant and represent to us that you are at least 13 years of age.
2. Credit
2.1 This document was created using a template from SEQ Legal (https://seqlegal.com).
3. Copyright notice
3.1 Copyright (c) Public Sphere Online Limited 2019
3.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, control the copyright and intellectual property rights in our mobile app and the material on our mobile app; and
(b) all the copyright and other intellectual property rights in our mobile app and the material on our mobile app are reserved.
4. Permission to use mobile app
4.1 You may:
(a) view pages from our mobile app on your phone
(b) download pages from our mobile app for caching in a phone
(c) print pages from our mobile app[ for your own personal and non-commercial use, providing that such printing is not systematic or excessive
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our mobile app or save any such material.
4.3 You may only use our mobile app for your own personal and business purposes.
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our mobile app.
4.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our mobile app (including republication on another mobile app);
(b) sell, rent or sub-license material from our mobile app;
(c) show any material from our mobile app in public;
(d) exploit material from our mobile app for a commercial purpose; or
(e) redistribute material from our mobile app.
4.7 We reserve the right to suspend or restrict access to our mobile app, to areas of our mobile app and/or to functionality upon our mobile app. We may, for example, suspend access to the mobile app [during server maintenance or when we update the mobile app]. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the mobile app.
5. Misuse of mobile app
5.1 You must not:
(a) use our mobile app in any way or take any action that causes, or may cause, damage to the mobile app or impairment of the performance, availability, accessibility, integrity or security of the mobile app;
(b) use our mobile app in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) hack or otherwise tamper with our mobile app;
(d) probe, scan or test the vulnerability of our mobile app without our permission;
(e) circumvent any authentication or security systems or processes on or relating to our mobile app;
(f) use our mobile app to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(g) impose an unreasonably large load on our mobile app resources (including bandwidth, storage capacity and processing capacity);
(h) decrypt or decipher any communications sent by or to our mobile app without our permission
(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our mobile app without our express written consent
(j) access or otherwise interact with our mobile app using any robot, spider or other automated means, except for the purpose of [search engine indexing
(k) use our mobile app except by means of our public interfaces
(m) use data collected from our mobile app for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
(n) do anything that interferes with the normal use of our mobile app
5.2 You must not use data collected from our mobile app to contact individuals, companies or other persons or entities.
5.3 You must ensure that all the information you supply to us through our mobile app, or in relation to our mobile app, is true, accurate, current, complete and non-misleading
6. Registration and accounts
6.2 You may register for an account with our mobile app by completing and submitting the account registration form on our mobile app, and clicking on the verification link in the email that the mobile app will send to you
6.3 You must not allow any other person to use your account to access the mobile app.
6.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.5 You must not use any other person's account to access the mobile app unless you have that person's express permission to do so
7. User login details
7.1 If you register for an account with our mobile app, you will be asked to choose a user ID and password
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity on our mobile app arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
8. Cancellation and suspension of account
8.1 We may:
(a) suspend your account or
(b) cancel your account
at any time in our sole discretion with or without notice to you.
8.2 We will usually cancel an account if it remains unused for a continuous period of several months
8.3 You may cancel your account on our mobile app at any time by contacting us
9. Our rights to use your content
9.1 In these terms and conditions, "your content" means [all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our mobile app for storage or publication on, processing by, or transmission via, our mobile app].
9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
9.6 You may edit your content to the extent permitted using the editing functionality made available on our mobile app.
9.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
10. Rules about your content
10.1 You warrant and represent that your content will comply with these terms and conditions.
10.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
11. Limited warranties
11.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our mobile app;
(b) that the material on the mobile app is up to date;
(c) that the mobile app will operate without fault; or
(d) that the mobile app or any service on the mobile app will remain available.
11.2 We reserve the right to discontinue or alter any or all of our mobile app services, and to stop publishing our mobile app, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any mobile app services, or if we stop publishing the mobile app.
11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our mobile app and the use of our mobile app.
12. Limitations and exclusions of liability
12.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
12.3 To the extent that our mobile app and the information and services on our mobile app are provided free of charge, we will not be liable for any loss or damage of any nature.
12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the mobile app or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
13. Breaches of these terms and conditions
13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our mobile app;
(c) permanently prohibit you from accessing our mobile app;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our mobile app
13.2 Where we suspend or prohibit or block your access to our mobile app or a part of our mobile app, you must not take any action to circumvent such suspension or prohibition or blocking
14. Variation
14.1 We may revise these terms and conditions from time to time.
14.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the mobile app, and you must stop using the mobile app.
15. Assignment
15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
16. Severability
16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
17. Third party rights
17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
18. Entire agreement
18.1 Subject to Section 12.1, these terms and conditions[, together with [our privacy and cookies policy],] shall constitute the entire agreement between you and us in relation to your use of our mobile app and shall supersede all previous agreements between you and us in relation to your use of our mobile app.
19. Law and jurisdiction
19.1 These terms and conditions shall be governed by and construed in accordance with English law
19.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England
21. Our details
21.1 This mobile app is owned and operated by Public Sphere Online Limited
21.2 We are registered in England and Wales under registration number [number], and our registered office is at 86-90 Paul Street, London
21.4 You can contact us:
(a) by email, using team@dailyjokeapp.com