Culture Night Application
Customer Terms and Conditions of Use
These Terms and Conditions (as amended from time to time) (the “Terms) apply to all use of the “Culture Night” mobile phone application (the “App”) and govern the relationship between Culture Night ("We" or "Us") and you.
Any individual under 18 should get a parent's or guardian's consent before downloading and using the App.
Uploading Images, Data Protection and Privacy
Any individual may upload photos and/or comments.
When uploading images, you will be asked to optionally provide certain personal information, including your name, email address. When uploading a photo and/or comment/post, your location may be tracked via your phone's GPS in order to allow us to place your photo on a map so that other users may see where your photo was taken.
We are committed to maintaining the security of your personal information in accordance with the requirements of the Data Protection Act 1998 and will take all reasonable steps to ensure that your personal data (including location data) is kept secure against unauthorised access, loss, disclosure or destruction.
Except as required by law, or in accordance with these Terms, your personal information will not be passed to any other person without your permission.
Photos and Comments
You agree that any photos uploaded by you via the App can be submitted for moderation by Culture Night before being available to view by other users of the App. Culture Night reserves the right to refuse to post any photo uploaded via the App without giving reason or providing notice.
You also agree that any comments, posts or other text uploaded during your use of the App shall not contain any words or phrases which would reasonably be considered to be offensive, derogatory, and/or defamatory. You accept that any such comments or posts will be submitted to Culture Night for moderation before being made available to other users of the App and Culture Night may refuse to post any such comments without giving reason or providing notice.
With respect to all photos and comments/posts uploaded as part of your use of the App as set in paragraphs 6 and 7 above (together "Content"), you grant Culture Night a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. With respect to all Content you upload whilst using the App, you hereby waive any moral rights you have in such Content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Culture Night, including the execution of deeds and documents, at our request and expense.
Variation and Termination
We may occasionally modify these Terms and will post those changes on this page so that you are always aware of such changes. We may let you know via [the App] when this happens but you should check these Terms frequently to check for any changes.
Culture Night will not be liable to you for:
any loss of income, business, goodwill or profits arising out of the use of the App;
any loss or damage to any mobile device as a result of using the App;
any unauthorised access to or alteration, theft or destruction of the App;
any loss or damage which was not caused by our breach of these Terms or breach of our legal duty of care;
any loss or damage which was not a reasonably foreseeable result of either our breach of these Terms or breach of our legal duty of care. Loss or damage is “reasonably foreseeable” if, at the time we entered into these Terms, such loss was contemplated (or might reasonably have been contemplated) by you and by us; or
any loss or damage suffered by you as a result of you failing to take reasonable precautions against such loss or damage.
To the maximum extent permitted by law, under no circumstances shall Culture Night be liable for any indirect, punitive, incidental, special or consequential damages, whether arising in contract or in tort, arising out of or in any way connected with the use or performance of the App.
Notwithstanding any provision of these Terms, nothing in these Terms shall exclude or restrict either party's liability for fraud or death or personal injury resulting from its own negligence or any other liability which may not by law be excluded or restricted.
Any complaints relating to these Terms or the App should be sent in writing or via email to firstname.lastname@example.org
These terms shall be governed and construed in accordance with the laws of Ireland and shall be subject to the exclusive jurisdiction of the courts of Ireland.