(Last revised February 2018)
- Scripin Weddings mobile application software (App) once you have downloaded a copy on to your smartphone (Device) (whether through the Apple app store or Google Play (Application Store));
- the service and features accessible through the App (Service) in relation to and during an event for which we have been contracted to supply the Scripin Weddings Service and which you are attending (Event), by invitation from a person involved in the organisation, promotion or operation of the Event (Host).
Use includes downloading or using the App or using or registering to use the Service. By using the App or the Service, you confirm that you accept the Applicable Terms (as updated from time to time) and that you agree to comply with them. If you do not agree to this, you must not use the App or the Service.
Information about us
The App and the Service are supplied by Ruud Enterprise Ltd (we, our or us), a company registered in England and Wales under company number 8647609. Our registered office is 20-22 Wenlock Road, London N1 7GU, United Kingdom and our main trading address is 33 Cannon Street, London, EC4M 5SB. Our VAT number is 171 7685 80.
To contact us, please e-mail email@example.com.
The Applicable Terms are additional to and without prejudice to any Application Store terms and conditions or policies.
Changes to these terms
Changes to The App or Service
We may update the App or the Service from time to time but are under no obligation to do so. We do not guarantee the App or the Service will be free from errors or omissions.
Downloading the App and using the Service
The Service may only be used at a specific Event. The purposes of the Service include the sharing of photos and videos of the Event and its attendees between its attendees and on social media (where permitted), the commenting on and interaction with such media, the sharing of that media and other content at the Event on screens at the Event, the running of competitions by a Host at the Event (where applicable), the collation of all content for a Host after the Event for export, and the viewing of that content and ordering of printed products incorporating such content after the Event by the Host and any attendees.
The App may be downloaded free of charge from an Application Store (any minimum software requirements will be stated on the relevant Application Store). The Service may be used by you free of charge during an Event. However, all such use is subject to the Host entering into a contract with us for the supply of the Scripin Weddings Service. Please note that the use of the App and the Service on the Device will be subject to any rates and fees charged by your mobile communications service provider and any Wi-Fi fees that specific venues may charge. Printed products incorporating content that has been contributed to the Service may also be offered for sale at or after the Event and/or through the Service by a third party printer.
The Host may, at its discretion and without our involvement, prevent you from using the Service at the Event.
The Service is supplied on an “as is”, “as available” basis. We do not warrant or represent that the Service will always be available or be uninterrupted. Access to the Service is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Service without notice. We will not be liable to you if for any reason the Service is unavailable at any time during an Event or otherwise.
You are responsible for making all arrangements necessary for you to have access to the App. You are also responsible for ensuring that all persons who access the App or the Service through your Device are aware of the Applicable Terms, and that they comply and agree with them.
You may not use the Service if you are a child under the age of 13. Use of the Service by a child aged 13 of over is subject to the consent of their parent or guardian. We advise parents who permit their children to use the Service that it is important that they communicate with their children about their safety online. Minors who are using any interactive service should be made aware of the potential risks to them.
Your account and password
By using the Service, you warrant that all data provided by you is accurate. You may not provide any false personal information or create an account in someone else’s name.
Any user password must be kept confidential and not disclosed to any third party. If you know or suspect that anyone knows your password, you must promptly notify us at firstname.lastname@example.org. Unique Event passcodes, where provided by the Host, must not be disclosed to anyone other than attendees at the Event.
We have the right to disable any account or password at any time if in our reasonable opinion you have failed to comply with any of the provisions of the Applicable Terms. The Host may also, at its discretion and without our involvement, prevent you from using the Service at the Event.
We do not guarantee that the App will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the App and use the Service. You should use your own virus protection software.
Our intellectual property rights
We are the owner or the licensee of all intellectual property rights in the App and the Service. Those works are protected by laws and treaties around the world. All such rights are reserved.
You must not use any part of the App for any purpose other than use of the Service and may not use the Service other than the purposes for which it is intended. To make any other use of the App or the Service, please contact email@example.com.
SCRIPIN is a registered trade mark of Ruud Enterprise Ltd in the UK, EU and US.
The Service may be moderated by, or on behalf of, a Host but will not necessarily be moderated. We are not responsible for content contributed to the Service, which shall be viewed or used at your own risk. You may report any content on the Service which you believe infringes our Content Standards by clicking “Report” within the App or informing a suitable representative of the Host of the relevant Event. We cannot guarantee, however, that the Host will take action.
You may use the App and the Service only for lawful purposes and not:
- In any way that breaches any applicable law or regulation or that is otherwise unlawful;
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards;
- To collect other users’ content or information;
- To promote, market or advertise any business, goods, services or any other commercial offering (without limitation) or for any other commercial use;
- To reproduce, duplicate, copy or re-sell any part of the App or the Service.
You may not:
- Knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, logic bombs, time-bombs, keystroke loggers, spyware, adware or any other harmful or malicious programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- Disassemble or reverse engineer any part of the App or the Service; or
- Access without authority, attempt to gain access to, interfere with, damage or disrupt:
- any part of the App or the Service;
- any equipment or network on which the Service or its data is stored;
- any software used in the provision of the App or the Service; or
- any equipment or network or software owned or used by any third party.
- Attack the App via a denial-of-service attack or a distributed denial-of service attack.
By breaching the previous provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.
Contributing content to the Service
You warrant that you are the owner or the licensee of all intellectual property rights in any content you upload or provide (contribute) to the Service. Any such content will be considered non-confidential and non-proprietary.
By contributing any content to the Service, you grant a worldwide, non-exclusive, perpetual, royalty-free licence (without requiring any further consent from or any compensation to you or others and waiving all moral rights in such content) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute and disclose to third parties any such content in any media or distribution method (whether existing now or in the future):
- To us for the purposes of the Service and the Scripin Events Service and for our promotional and marketing purposes;
- To the Host and any other party involved in the organisation, promotion, operation or sponsorship of the relevant Event (and its or their service providers) for the purposes of the Service and the Scripin Events Service and, where a business, for the promotion and marketing of their events and event-related services only; and
- To the Host, where a consumer, and other attendees for their personal, social and recreational purposes, including (without limitation) the ordering of printed products through the Service.
If you delete any content from the Service (which you may only do during the specified period that relevant Event is ‘live’ and you have access to it), the licence in respect of points 1 and 2 above will terminate in respect of that content. That content may still exist on a back-up copy for the Service, but this will not be available to others (including a Host). It may, however, have been shared or copied by other attendees before you deleted it.
Once the Event has ended, your content (excluding content you have deleted) will be available with that of other attendees:
- for the Host to export or order printed products incorporating any content for a period of 6 months;
- for other attendances to view and order printed products incorporating your content for a period of 6 months after the Event.
Any content may still exist on a back-up copy for the Service for a maximum period of 12 months unless the Host instructs us to delete it sooner.
Given the social nature of the Service, you should not contribute any content you do want others to see or which you want to or must protect. We will not be responsible or liable if your content is used or shared by a Host, other attendees at the Event or someone you have otherwise shared with.
You warrant that any content you contribute complies with the Content Standards, and you will be liable to us and indemnify us for any breach of that warranty, meaning you will be responsible for any loss or damage we suffer as a result of your breach.
We have the right to disclose your identity to any third party who is claiming that any content contributed by you to the Service constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content posted by you or any other user of the Service by you or any other user.
We have the right to remove any content from the Service if, in our opinion, it does not comply with our Content Standards.
The views expressed by other users on the Service do not represent our views or values.
All content you contribute to the Service must comply with applicable law in the UK and in any country from which they are posted. Any factual content must be accurate; any opinions must be genuinely held. Any content you contribute must not infringe the intellectual property rights of any third party.
Content must: (a) not be (or be likely to be) defamatory, obscene, offensive, hateful, upsetting, embarrassing, alarming, inflammatory, violent, sexually explicit, discriminatory, illegal, in breach of any legal duty to any third party (e.g. breach of confidence), nor should it promote any of these things; (b) not impersonate anyone, misrepresent your identity or affiliation with anyone or endorsement by anyone (including us); and (c) not invade or threaten anyone’s privacy.
In-App Purchases (excluding printed products)
Your ability to use certain features of the Service may require you to purchase products from an Application Store. Whilst we provide links to Applications Stores and the relevant pages for such products, and may recommend or promote such products, we have no responsibility for your purchase or use of such products. We do not guarantee that such products will function with the Service or be error-free. We are not responsible for such products or any failure by the Application Store.
Your purchase of such products shall be governed by the terms and conditions of purchase of the Application Store. You should familiarise yourself with these before making a purchase from the Application Store.
You are able to order printed products through the App and the Service. However, the parts and pages of the Service that enable you to do so are operated by a third party printing company (Printer). This is currently Kite Tech Ltd, trading as Kite.ly. More information on Kite.ly may be found at their website https://www.kite.ly/.
All orders for printed products are received, processed and fulfilled by the Printer. When placing an order with them, you will need to accept their terms and conditions. The contract for the supply of the products is between you and the Printer and we are not a party to it. You will be responsible for any losses we suffer as a result of your breach of that contract.
We shall not be liable for any failure or delay by the Printer in the performance of that contract. This includes, without limitation, any failure to supply products that are of satisfactory quality, fit for any purpose or as described, or to supply products within the period agreed with you.
By placing an order with the Printer, you confirm to the Printer and us that you have the necessary rights and/or consents to use the content (including any personal data in it) from any person who created and/or contributed and/or is featured in the content. The Printer shall receive access to the content you wish to print.
We shall not be liable to you, if another attendee at the Event prints content that you created, contributed or are featured in, without your consent.
Limitation of our liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the App or the Service, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the App or the Service or any part of them; or
- any loss, damage or destruction to any content you have contributed.
You are permitted only to use the App and the Service for personal use and not for any commercial or business purposes. We will not be liable to any user for: (a) loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; (d) loss of business opportunity, goodwill or reputation; or (e) any indirect or consequential loss or damage.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your Device, programs, data or other proprietary material due to your use of the App or the Service.
We have taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on the Website, but this is provided on an “as is”, “as available” basis and we give no warranty or representation about such information.
We assume no responsibility for the content of websites or applications linked through the Service. Such links should not be interpreted as an endorsement by us of them. We will not be liable for any loss or damage that may arise from your use of them.
Subject to the above exclusions, our total liability to you in respect of all losses arising under or in connection with the App, the Service or the Applicable Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £100.
We will determine, in our discretion, whether there has been a breach of the Applicable Terms. If you breach or fail to comply with any of the Applicable Terms or create any potential legal exposure for us whatsoever, we may suspend or terminate your right to use the App or the Service without notice. This may include the deletion or deactivation of your account and/or deletion of your content, in each case whether immediate, temporary or permanent. It may also result in: legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; or disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of the Applicable Terms. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.
If the contract between the Host and us for the supply of the Scripin Events Service is terminated for any reason, we may terminate your use of the Service immediately without notice.
Law, jurisdiction and other terms
The Applicable Terms constitute the entire agreement between us and supersede and extinguish all previous agreements, warranties, representations and understandings relating to their subject matter.
If any provision or part-provision of the Applicable Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified or deleted to the minimum extent necessary to make it valid, legal and enforceable without affecting the validity and enforceability of the rest of the Applicable Terms.
If we fail or delay to exercise any right or remedy provided under the Applicable Terms, this shall not constitute a waiver or restrict us from exercising that or any other right or remedy. No single or partial exercise of such right or remedy shall restrict us from exercising that or any other right or remedy.
You may not assign or transfer with any of your rights or obligations under the Applicable Terms. No third party shall have any right to enforce any of the Applicable Terms other than any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006.
The Applicable Terms, their subject matter and formation (and any non-contractual disputes or claims), are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.