IN ORDER TO POST CONTENT YOU MUST INDICATE YOUR AGREEMENT TO THESE TERMS BY CLICKING ON THE POP-UP “ACCEPT” BUTTON WHEN PROMPTED. IF YOU DO NOT AGREE TO THESE TERMS, YOU WILL NOT BE ABLE TO USE THE APP.
Who we are
We, Talking Places Limited of Eden House, Reynolds Road, Beaconsfield HP9 2FL license you (User) to use:
The CHORUS mobile application software (the App), the data supplied with the software, and any updates or supplements to it.
The service you connect to via the App and the content we provide to you through it (the Service).
What we do
CHORUS is a new iOS location-based application that allows Users to connect with other Users and places based on their shared interests and their whereabouts at a specific point in time. CHORUS allows you to post content, including photos, comments, links and other information concerning local social, retail, dining, entertainment, sporting and cultural activities (User Content). CHORUS also allows local businesses the option of using the networking ability of the App to promote special events and offers, interconnecting them with the community and enhancing customer visibility and footfall.
Please be aware that online transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
The following principles apply to your use of the App:
- You retain all rights in, and are solely responsible for, any User Content you post via the App;
- We shall only process User Content to the extent required to fulfil the Service;
- Save for any login details you submit when setting up a CHORUS profile, no personal information is required to use CHORUS. The App registers the location of a User (on a pseudonymous basis) at the time a User creates a post, but this information is not linked to any personal data, including emails, phone numbers, or any other information capable of identifying the User;
- If you elect to share personal information via the App (via a Private Message or otherwise) we shall have no liability for any loss or damage that may arise by reason of your doing so, save as provided in the Privacy Notice;
- All User Content posted via the App will expire after ten (10) days. Following expiry, any such content (Expired User Content) will remain visible to the User for up to approximately sixty (60) days, whereupon it will be removed from the App and, after a reasonable period, erased from our servers;
- With the exception of Private Messages, all User Content will be deemed public content (Public Content) and may be viewed by all Users;
- Whilst we expect all Users to adhere to CHORUS’s Fair Use Policy (see below), we cannot assume any responsibility or liability for the accuracy or suitability of any User Content created and posted by other Users. You acknowledge and agree that you may be exposed to User Content that may be inaccurate, objectionable, inappropriate or otherwise unsuited to your specific requirements.
Posting User Content
There are three ways to post User Content on the App:
- Standard Post. A Standard Post can be either a new entry, or a comment in response to an existing entry.
- Paid Post. A Paid Post is similar to the Standard Post with some additional features which is explained in detail within the App. The charges for a Paid Post is subject to change and all charges will be handled by Apple through its AppStore payment system.
- Private Message. When a User creates a Paid Post, they can select the option to accept private messages which then enable other Users to converse with the original poster directly. Private Messages are encrypted and may not be viewed by anyone other than the participants of that conversation.
By posting Public Content via CHORUS, you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Public Content in any and all media or distribution methods (now known or later developed). This licence authorises us to make Public Content available to all Users of CHORUS, irrespective of location, and to let others do the same. This use of Public Content may be made without payment of compensation with respect to the Public Content that you submit, post, transmit or otherwise make available through the Service.
Fair Use Policy
- You must be over seventeen years of age to use the App.
- You represent and warrant that you have obtained all rights, consents, permissions, power and/or authority necessary to publish any User Content you make available via the Service, and that all such User Content is reasonably accurate as to its description and location.
- Please respect other members of the CHORUS community and be conscious of what other Users may find offensive. We will not tolerate use of the App to promote terrorism, violence or harming others, promotion or glorification of self-harm, adult content, violent content, threatening behavior, hate speech, bigotry, or racism or sexism of any kind.
- You must not use the App or the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, the Service or any operating system.
- You must not infringe our intellectual property rights or those of any third party in relation to your use of the App or the Service, including by the submission of any Public Content.
- You must not transmit any User Content which is defamatory, offensive or otherwise objectionable in relation to your use of the App or the Service.
- We reserve the right to remove any User Content without notice if we have reason to believe it breaches our Fair Use Policy or any other provision of these terms.
Processing of Technical and Location Data
By using the App and the Service, you agree to our collection and use of technical information about the devices you use the App with and related software, hardware and peripherals to improve the performance of the App and the User experience.
The use and sharing of location data is an essential part of the functionality of the App. Your access and use of the App and the Service constitutes your acknowledgement that we will make use of location data sent from your devices. For as long as you make use of the App, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data submitted to use with User Content and in order to provide and refine location-based data provided to other Users. Although you may stop us collecting location data at any time by disabling the location service settings on your devices, the functionality of the App will be impaired and you may be restricted from posting location-based User Content.
Third Party Websites and Services
The App may feature links to third party websites, advertisers, services, special offers or other events or activities that are not owned or controlled by CHORUS. We do not endorse or assume any responsibility for any such sites, or information materials, products or services offered by them. You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them, and if you choose to do so it will be at your own risk.
Getting in Touch
We value receiving feedback from our Users, and are always interested in learning about ways we can make CHORUS better.
If you think the App or the Service are faulty or incorrectly described, if you want to suggest improvements, or you wish contact us for any other reason please email our customer service team at Chorus Support. If we have to contact you we will do so by email or by SMS, using the contact details you have provided to us on registration.
If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you.
From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Service.
Intellectual Property Rights
All intellectual property rights in the App, the Documentation and the Service throughout the world belong to us [(or our licensors)] and the rights in the App and the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Service other than the right to use them in accordance with these terms.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App and the Service. The App and the Service are provided for general information and entertainment purposes only. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
We are not responsible for events outside our control. If our provision of the Service or support for the App or the Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays or losses caused by the event.
Apple AppStore’s Terms apply
The ways in which you can use the App and the Service are also subject to the Apple AppStore’s rules and policies in the United Kingdom [LINK], and these rules and policies will apply instead of these terms to the extent of any conflict between the two.
Terminating this Licence
You may terminate this licence and end your account with CHORUS at any time by permanently deleting the App from your devices and any attachments uploaded with it. Within a reasonable time thereafter, all your User Content will be deleted from our servers and it will not be available to other Users, subject to any location-based information or promotional material published prior to termination, which will remain available to Users for the timeframe provided elsewhere in these terms.
We may terminate this licence and your rights to use the App and Service at any time for any reason by notice in writing via email.
If we end your rights to use the App and the Service:
You must stop all activities authorised by these terms, including your use of the App and the Service.
You must irretrievably delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
We also reserve the right to notify the appropriate law enforcement agencies or the police in the event of any breach of our Fair Use Policy which amounts to an illegal act.
No Rights of Third Parties
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
Changes to these Terms
We may need to change these terms to reflect changes in the law or to reflect additional features which we introduce in the future. Any changes to these terms will be notified via our website [INSERT] and will come into effect the next time you log on to the App. Your continued use of the App will be treated as your acceptance of the revised terms.
Law and Jurisdiction
These terms are governed by the laws of England and Wales and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.