Terms of Service
PLEASE READ THESE TERMS CAREFULLY.
By using the Litterati app, you agree to be bound by our Terms of Service, which includes our End User Licence Agreement (EULA).
These Terms of Service and EULA constitute a legal agreement between the user (You) and Litterati LLC., a company registered in California, USA, with registration number 079690333 and registered office at 131 Turvey Court. Chapel Hill, North Carolina, 27514 (We or Us) together referred to as the Parties.
We are a data science company empowering people to clean the planet. We are the owner and operator of a platform that can be accessed through iOS & Android applications and a dashboard that allows individual users and Partner Organisations to photograph, categories, and map litter around the world (Platform).
1.1 You wish to subscribe to the Platform.
1.3 We hereby grant You a non-exclusive, non-transferable right (without the right to grant sub-licenses) to use the Platform for the Term solely for Your personal and/or non-commercial use.
2.2 You can terminate the EULA at any time by deleting Your account and ending Your use of the Platform.
2.3 We can terminate the EULA at any time by stopping Your access to the Platform. We do not need a reason for this, however it will happen where You have breached the terms and conditions of this EULA.
2.4 Upon termination:
(a) All rights granted to You in the EULA end and You will no longer have access to the Platform; and
(b) Our right to use the content that you uploaded to the Platform and the Uploaded Data as described in clause 5 will continue indefinitely.
3 Access to Platform
3.1 You are solely responsible for obtaining and maintaining Your internet access to the Platform.
3.2 You will keep a secure password for the Platform, You will keep Your password confidential.
4 Partner Organisations
4.1 We partner with third party organisations around the world for specific litter, environmental and recycling causes and challenges (Partner Organisations).
4.2 You will be able to sign up to our Partner Organisations’ causes and challenges through the Platform and participate in local and/or global challenges of our Partner Organisations.
5 Uploaded Data
5.1 You are solely responsible for the content that You place on the Platform, including but not limited to any comments, posts, profile information, links and images.
5.2 You promise that you have all the necessary licences, rights, permissions and consents to use and upload the content that You place on the Platform.
5.3 You grant Us a non-exclusive, irrevocable, royalty free licence to use the content that You upload onto the Platform as We see fit. This licence shall survive the Term of this EULA and continue indefinitely.
5.4 For the purposes of this EULA, Uploaded Data means the images You upload onto the Platform and the geo-data, time, date and image tags associated with the uploaded images. Uploaded Data does not include any Personal Data as described in clause 12.
5.5 We may collect and transfer the Uploaded Data to Partner Organisations. You consent to Our collection and transfer of Uploaded Data to Partner Organisations.
5.6 You grant Us a non-exclusive, irrevocable, royalty free licence to use the Uploaded Data and the right to sub-licence the Uploaded Data to Partner Organisations. This licence and sub-licence shall survive the Term of this EULA and continue indefinitely.
6 Use of the Platform
6.1 You must be 18 or over, or if under the age of 18 have Your parent or guardian’s permission to use the Platform.
6.2 You are permitted to use the Platform provided that You do not access, store, distribute or transmit any viruses, or any material during the course of Your use of the Platform that:
(a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
(b) facilitates illegal activity;
(c) depicts sexually explicit images;
(d) promotes unlawful violence;
(e) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability;
(f) is harmful to minors; or
(g) is otherwise illegal or causes damage or injury to any person or property.
6.3 You will not:
(a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Platform in any form or media or by any means; or
(b) attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Platform; or
(c) access all or any part of the Platform in order to build a product or service which competes with the Platform; or
(d) use the Platform to provide services to third parties; or
(e) use the Platform to impersonate another user; or
(f) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Platform available to any third party; or
(g) attempt to obtain, or assist unauthorised third parties in obtaining, access to the Platform.
6.4 You will not collect or use any information on the Platform for commercial purposes, including but not limited to:
(a) the collection and use of information about other users;
(b) the use of communication systems or contacts; and
(c) the generation of unsolicited email advertisements or spam.
6.5 You will use all reasonable endeavours to prevent any unauthorised access to, or use of, the Platform and in the event of any such unauthorised access or use, promptly notify Us.
6.6 We can stop your access to the Platform should we find that You have breached the provisions of clause 6.1.
7 Platform Availability
7.1 We do not promise that Your use of the Platform will be uninterrupted or error-free.
7.2 We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and You acknowledge that the Platform may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
8 Platform Content
8.1 We do not promise that the Platform and/or the content or information obtained by You through the Platform will meet Your needs or requirements.
8.2 We can modify the Platform or change the content on the Platform at any time without reason or prior notice.
8.3 Although We try to ensure that other users of the Platform comply with these terms and conditions, You may be exposed to content on the Platform that breaches these terms and conditions. We are not responsible for other users or Your exposure to content that breaches these terms and conditions.
8.4 Content on the Platform (whether owned by Us or another) is provided for your personal use only. You will not use, copy, reproduce, distribute, transmit, broadcast, display, sell, licence or otherwise exploit such content other than as expressly set out in this EULA or (where not owned by Us) without the owner's written consent.
9 Third Party Websites
9.1 You acknowledge that the Platform may enable or assist You to access the website content of, correspond with, and purchase products and services from third parties via third-party websites and You do so solely at Your own risk.
9.2 We make no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, or any transactions completed, or any products or services offered on any such third-party website, or any contract entered into by You with any such third party. Any contract entered into and any transaction completed via any third-party website is between You and the relevant third party, and not Us.
10 Liability and Warranties
10.1 The limitations of liability set out in this clause apply regardless of the nature of the claim, whether based on warranty, contract, tort or other legal basis.
10.2 You use the Platform at your own risk and Your use and access to the Platform and its content is on an “as is” basis.
10.3 All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this EULA.
10.4 We have no liability for any loss or damage caused by Your use of the Platform or its content, or any errors or omissions in any information or content on the Platform.
10.5 You shall defend, indemnify and hold Us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with Your use of the Platform or your violation of any third rights, including intellectual property rights.
10.6 Nothing in this EULA excludes the Parties liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
10.7 Subject to clause 10.6, We shall not be liable whether in tort (including negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this EULA.
10.8 You agree that Your sole remedy for any claims arising out of this EULA is to discontinue using the Platform.
10.9 In the event that a court determines that clause 10.8 cannot be enforced, subject to clause 10.6, Our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this EULA agreement shall be limited to US$100.
10.10 This clause 10 shall survive termination of the EULA.
11 Intellectual Property Rights
11.1 For the purposes of this EULA, Intellectual Property Rights means all intellectual property rights of any kind related to Our business, the Platform or the content on the Platform, including any patents, copyrights, database rights, trade secrets, service marks, logos, trade names, trademarks (whether registered or unregistered) including our trademark “Litterati”, or any other rights or licences in respect of the Platform. The Intellectual Property Rights include Platform content consisting of text, software, scripts, graphics, photos, sounds and interactive features.
11.2 You acknowledge and agree that We and/or Our licencors own the Intellectual Property Rights.
11.3 We do not grant You any rights to, under or in the Intellectual Property Rights.
11.4 We reserve all rights not expressly granted to you in this EULA.
11.5 Both Parties promise each other that they have all the rights that are necessary to grant all the rights they purport to grant under, and in accordance with this EULA.
12 Personal Data
12.1 We will comply with all applicable requirements of data protection legislation. This clause 12 is in addition to, and does not relieve, remove or replace Our obligations or Your rights under data protection legislation.
13 GENERAL TERMS
13.1 COMMUNICATIONS BETWEEN US: The communications between the Parties will be by electronic means, whether You visit the Platform or send us emails, or whether We post notices or communicates with You via email. For contractual purposes, You (a) consent to receive communications from Us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications would satisfy if it were in a writing. The foregoing does not affect Your non-waivable rights.
13.2 CHANGES TO THE EULA: We may change the terms of this EULA from time to time, and any such changes become effective immediately upon being posted to the Platform. It is Your sole responsibility to check the Platform from time to time to view any such changes. If You do not agree to any changes, You must cease use of the Platform. Your use of the Platform after any changes are made to the EULA indicates that You agree to such changes.
13.3 WAIVER: If We do not insist immediately that You do something You are required to do under this EULA, or if We delay in taking steps against You in respect of that You breaking the EULA, that will not mean that You do not have to do those things and will not prevent Us taking steps against You at a later date.
13.4 RIGHTS AND REMEDIES: Except as expressly provided in this EULA, the rights and remedies provided under this EULA are in addition to, and not exclusive of any rights or remedies provided by law.
13.5 SEVERANCE: Each of these clauses operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
13.6 ASSIGNMENT: You will not transfer your rights or obligations under this EULA to another person or organisation. We may transfer our rights and obligations under this EULA to another organisation. We will always tell You if this happens and We will ensure that the transfer does not affect Your rights under the EULA.
13.7 RIGHTS OF THIRD PARTIES: This EULA does not give rise to rights under the Contracts (Rights of Third Parties) Act 1999 to enforce the terms of this EULA.
13.8 ENTIRE AGREEMENT: This EULA constitutes the entire agreement between the Parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
13.9 NO PARTNERSHIP OR AGENCY: Nothing in this EULA is intended to or shall operate to create a partnership, employment or agency relationship between the Parties. Neither Party shall have the authority to act in the name or on behalf of or otherwise to bind the other Party in any way.
13.10 SURVIVAL: Any rights, remedies, obligations or liabilities of the Parties that have accrued up to the date of termination of this EULA, including the right to claim damages in respect of any breach of the EULA which existed at or before the date of termination shall not be affected or prejudiced.
13.11 GOVERNING LAW: This EULA and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of New York. Each party will comply with all laws and regulations applicable, including U.S. export control laws. Each party represents and warrants to the other that neither it nor its Partner Organisations, nor any of its or their users, officers or directors, are persons, entities or organizations with whom the other party is prohibited from dealing (including provision of software, products or services) by virtue of any applicable law, regulation, or executive order, including US export control laws, and names appearing on the U.S. Department of the Treasury’s Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List.
13.12 JURISDICTION: Each Party irrevocably agrees that the courts of New York shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).