Terms

Please read this End User License Agreement (hereinafter the “EULA”) carefully, as it sets out the basis upon which Bulbshare Ltd  licenses the Bulbshare application for use. This EULA should be read in conjunction with the Bulbshare Standards Policy, the Bulbshare Cookies Policy and the Privacy Policy. By clicking “accept agreement” when you first install the Application, you agree to be bound by the provisions of this EULA. If you do not agree to be bound by the provisions of this EULA, you must click “reject agreement” during the installation process. If you decide not to accept the EULA, you will not be able to use or access the Application.

1. Who we are

1.1 We are Bulbshare Limited. Our company information is at the end of this document.

2. What this is all about

2.1 These are our terms and conditions which apply to our Service (explained below). We’ve tried to make them user-friendly. Please read them carefully and save a copy as we don’t file a copy specifically for the transaction with you. They’re available in English only.

3. Some definitions

3.1 Here are some definitions which are used in this document (all capitalised):

• “App” – the Bulbshare mobile application.
• “Consumer” – an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
• “Content” – all information of whatever kind uploaded to our Service (including messages sent via our Service).
• “Service” –the service we offer by means of our App and any related software and services.
• “Store” – the app distributor from which you download the App (e.g. Apple App Store, Google Play App Store).
• “Store Rules” – any applicable rules, policies or terms of the relevant Store.
• “User” – persons or organisations using our Service (whether or not registered with us).

4. Forming a contract with us

4.1 By downloading our App, you enter into a legal contract with us.

4.2 These terms and conditions are an “end user licence agreement” between you and us (not the Store) in relation to our App (i.e. setting out how we allow you to use our App). You also agree to be legally bound by the Store Rules.

5. Changing our terms and conditions

5.1 We may change these terms and conditions by giving you at least 15 days’ notice unless a more urgent change is needed to comply with laws or regulations or to deal with an unforeseen and imminent danger. We will notify you by email, SMS and/or in-app message and by posting the new version on our website.

5.2 If you don’t agree to the new terms, you should end this contract as explained below before the new terms take effect.

6. Your right to use our Service

6.1 We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you (only Apple-branded where Apple Inc is the Store) subject to these terms and conditions and, where applicable, in accordance with the Store Rules.

7. Who can use our Service?

7.1 You must not use, or attempt to register on, our Service if:

• you are below 13 years of age; or
• you have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct, harassment or dishonesty.
• anyone aged between 13 and 17 years must receive parental consent before registering for the app.

8. Acceptable use of our Service

8.1 We want to provide a safe environment for the use of the App. Accordingly, we expect and require Users to uphold certain standards of behaviour when using the App, which are set out in more detail below. We ask and encourage Users to ensure that any comments and other Content posted are honest, constructive and respectful of others

8.2 We ask that you respect copyright, trademarks, and other legal rights. Please take care when uploading Submissions to ensure that it complies with the End User Agreement, that it does not infringe copyright or any other rights belonging to a third party

8.3 You agree not to do any of the following in connection with the Service:

• break the law or infringe anyone else’s rights;
• bully, victimise, harass, threaten, degrade or shame other people;
• behave in a manner which is offensive, obscene, sexually explicit, abusive or otherwise inappropriate;
• promote, solicit or condone suicide, self-harm, terrorism, criminal activity, sexual violence or sexual services;
• discriminate on the grounds of race, ethnicity, national origin, religious affiliation, sexual orientation, gender or gender identity or disability or disease;
• deceive or mislead anyone;
• reveal anything that allows you to be contacted except through the Service or identified (e.g. using your last name, postal / email address or telephone number);
• link to unlawful or otherwise inappropriate Content
• impersonate anyone;
• make recordings or screenshots of audio / video interactions without the written consent of all other participants;
• upload any Content that includes someone else’s personal information unless that person is 18 years or over and you have obtained their written consent or you are their parent/guardian
• use the Service with a view to competing with us or infringing our rights;
• disrupt our Service, e.g spam, viruses or phishing;
• interfere with or damage our Service or gain unauthorised access to any part of our system, data, passwords or otherwise;
• intercept or modify communications;
• impose an unreasonable load on our Service;
• deliberately exploit any bugs found within the Service;
• get around any security or other features including those designed to stop copying of Content; or
• attempt, encourage or assist any of the above.

8.4 You agree to:

• comply with any rules or requirements on our Service;
• promptly comply with any reasonable request or instruction by us in connection with the Service; and
• ensure that any contact or other information which you supply to us is accurate and not misleading and you will tell us if there are any important changes.

9. Rewards

9.1 We may offer rewards for certain activities on our Service. Rewards are subject to any rules or conditions that we make available to you in advance.

9.2 Unless we say otherwise, cash alternatives are no available and we are entitled to substitute rewards for other rewards of broadly equivalent value.

9.3 We will take reasonable steps to pay or send you any rewards for which you qualify subject to your reasonable cooperation.

9.4 Many of our rewards will be paid via PayPal. In order to receive these you will need to have your own PayPal account. Anyone creating a PayPal account must be 18 years or over (depending on PayPal’s own country-specific policies ). This is because when you open a Paypal account you are agreed to their own legally binding terms and conditions.

10. If you upload Content to our Service…

10.1 You are responsible for your Content.

10.2 You promise you have (and will retain) all rights and permissions needed to enable use of your Content as contemplated by the Service and these terms and conditions.

10.3 You must comply with any formatting requirements we specify.

10. 4 We reserve the right without notice or refund to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities, or if we consider that Content does not meet our quality standards. If so, you must not attempt to re-publish or re-send the relevant Content.

10.5 It is your responsibility to decide which Content to upload (subject to these terms and conditions). We do not accept responsibility if your Content is misused by others as this is outside our reasonable control. Don’t upload any Content if you are concerned that it may be misused.

10.6 It is your responsibility to make your own frequent backups of Content to protect you in case of loss or damage to such material. We are not responsible for such loss or damage.

10.7 We may irretrievably delete your Content at any time and for any reason.

10.8 Uninstalling the App may result in deletion of all Content on your device.

Content we do not tolerate: 

Child Endangerment
Content that sexualizes minors, pedophilia or inappropriate interaction targeted at a minor (e.g. groping or caressing) are subject to immediate removal from our platform.
In addition, content that appeal to children but contain adult themes, excessive violence, blood, and gore are not allowed. content that depict or encourage harmful and dangerous activities. 
We also don’t allow content that depict or encourage harmful and dangerous activities, promote negative body or self image including content that depict for entertainment purposes plastic surgery, 
weight loss, and other cosmetic adjustments to a person's physical appearance. If we become aware of content with child sexual abuse imagery, we will report it to the appropriate authorities and delete 
the account of those involved with the distribution.

Inappropriate Content
To ensure that we have a safe and respectful platform, we've created standards defining and prohibiting content that is harmful or inappropriate for our users.

Sexual Content and Profanity
We don't allow content that contain or promote sexual content or profanity, including pornography, or any content or services intended to be sexually gratifying. 
We don’t allow content that appear to promote a sexual act in exchange for compensation. Content that contains nudity may be allowed if the primary purpose is educational, documentary, scientific or artistic, 
and is not gratuitous.

Hate Speech
We don't allow content that promote violence, or incite hatred against individuals or groups based on race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, 
or any other characteristic that is associated with systemic discrimination or marginalisation.

Violence
We don't allow content that depict or facilitate gratuitous violence or other dangerous activities like terrorist content or dangerous movements and organizations

Sensitive Events
We don't allow content that lack reasonable sensitivity towards or capitalise on a natural disaster, atrocity, health crisis, conflict, death, or other tragic event.

Bullying and Harassment
We don't allow  content that contain or facilitate threats, harassment, or bullying.

Dangerous Products
We don't allow content that facilitate the sale of explosives, firearms, ammunition, or certain firearms accessories.

Alcohol, marijuana, and tobacco 
We don't allow content that facilitate the sale of marijuana or marijuana products, regardless of legality.
We don't allow content that facilitate the sale of tobacco (including e-cigarettes and vape pens) or encourage the illegal or inappropriate use of alcohol or tobacco.

Financial Services
We don't allow content that expose users to deceptive or harmful financial products and services.
For the purposes of this policy, we consider financial products and services to be those related to the management or investment of money and cryptocurrencies, including personalized advice.

Illegal Activities
We don’t allow content that facilitate or promote illegal activities like sale or purchase of illegal drugs or prescription drugs without a prescription, depicting or encouraging the use or sale of drugs, alcohol, 
or tobacco by minors, instructions for growing or manufacturing illegal drugs.

11. Dealing with other Users

11.1 You accept that we have no obligation to vet or monitor Users or their Content. You rely on such information and/or deal with other Users at your own risk. We accept no legal responsibility for the accuracy of, or otherwise in relation to, any such Content or in connection with any dealings between Users. You should not assume that any Content from another User is accurate and be aware that a person may not be who he or she claims to be.

11.2 You acknowledge that why we will try to monitor use of the App and maintain a safe environment in which Users can freely share their views, opinions and concerns, we cannot accept responsibility for Users’ personal safety or mental or physical health. You use the App at your own risk. If you encounter behaviour or Content which you consider inappropriate, please email us to support@bulbshare.com (including if you wish to give us notice of defamatory material). Please also use any available blocking mechanisms, seek relevant external help If appropriate (e.g. from law enforcement authorities) and/or stop using the Service.

11.3 In your own interests, you should not attempt to contact, or let yourself be contacted by, any other User other than through the Service unless you are sure you already know them.

12. Other peoples’ services / advertising / websites

12.1 We may display other peoples’ services, advertising and /or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.

13. Our guidance

13.1 If we ourselves provide any guidance or other general information on our Service, we do not guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.

14. Your account

14.1 Unless otherwise specifically stated on our Service, your account is for your personal use only. You must not allow any other person to use your account. You agree to take reasonable care to keep your login information confidential and to tell us immediately of any apparent breach of security such as loss or misuse of a password. You are responsible for other people who use your account or identity (unless and to the extent that we are at fault).

15. Support

15.1 We do not supply support except to the extent specifically stated on our Service, as may be varied from time to time. You acknowledge that the Store has no obligation to supply any maintenance and support services in relation to the App.

16. Compatibility of App

16.1 We do not guarantee that the App is or will be compatible with any particular mobile devices or associated operating systems (OS’s). You acknowledge that the supplier of the device or OS may issue an update that causes our App to stop working. We may issue App updates through the Store; if so, you may not be able to use our App properly or at all until you have downloaded the update, which may be subject to agreement to new terms and conditions. It is your responsibility to frequently monitor for App updates and to install them as soon as they become available.

17. Functioning of our Service

17.1 We do not guarantee that the Service will be uninterrupted or error-free. We are entitled, without notice and without liability (a) to suspend the Service for repair, maintenance, improvement or other technical reason and (b) to make changes to the Service.

17.2 You acknowledge that technology is not always secure and you accept the risks inherent in use of the Internet or other technology for the purpose of the Service.

18. Ending or suspending this contract

18.1 You may at any time end this contract by emailing us at suport@bulbshare.com and by uninstalling the App from all of your devices.

18.2 We are entitled to end this contract at any time and for any reason.

18.3 If this contract ends:

• Your right to use our Service and all licences are terminated.
• Existing rights and liabilities are unaffected.
• All clauses in this contract which are stated or intended to continue after termination will continue to apply.

19. Restrictions on our legal responsibility – very important

19.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.

19.2 If you are a Consumer, we shall not be liable for any loss or damage where:

• there is no breach of a legal duty owed to you by us;
• such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
• (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
• such loss or damage relates to a business of yours.

19.3 If you are a Consumer, you will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement or misuse of our Service.

19.4 The following clauses apply only if you are not a Consumer:

• In no event (including our own negligence) will we be liable for any:
  • economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
  • loss of goodwill or reputation;
  • special, indirect or consequential losses; or
  • damage to or loss of data

(even if we have been advised of the possibility of such losses).

• You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.
• To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
• This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

20. Intellectual property rights (e.g. copyright)

20.1 The intellectual property rights in all material used on or in connection with our Service are owned by us or by our partners or other Users. For your personal use only, you may view such material on your device. You must not otherwise use such material including copying, publishing, selling or adapting it or taking extracts from it without our specific prior written consent.   You must not misrepresent the ownership or source of such material, for example by changing or removing any legal notices or author attributions.

20.2 Just to be clear – you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.

20.3 You must not reverse-engineer or decompile any of our software in any way (except to the extent allowed by applicable law). You must not create or use a modified or derivative version of our software or distribute or sublicense our software to third parties. You must take reasonable steps to ensure that our software is not disclosed to any third party.

20.4 If you upload any Content (i.e., including audio, photos, images, video) to our Service, you retain ownership of the intellectual property rights. You must tell us immediately tell us if your Content includes any material owned by other peopleYou allow us at no cost, and forever, to use and adapt all or part of your Content however we wish on our Service as well as on other channels including social media, including for the purpose of redistribution or promotion of our Service and to “sublicense” it to other people. For the first 90 days after upload our rights are “exclusive” meaning that you can’t use the Content yourself (e.g. on your social media or elsewhere on the Internet) or grant any rights in the Content to anyone else. You waive your “moral rights” in relation to your Content to the extent legally allowed. You also allow each User to use your Content in accordance with these terms and conditions.

20.5 In addition, you give us an exclusive period of 90 days from upload to negotiate with you to acquire ownership of the intellectual property rights in your Content on terms which we both agree.

21. Privacy

21.1 You acknowledge and agree that we may process your personal information in accordance with the terms of our Privacy Policy which is subject to change from time to time.

22. Events outside our control

22.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.

23. Transfer

23.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

24. English law

24.1 This contract is under English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a consumer to rely on such mandatory provisions of local law. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/consumers/odr/. Our email address is at the end of this document.

24. General but important information

25.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement make any party as agent, employee or representative of the other.

26. Additional terms required by the Store

26.1 In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not the Store, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

26.2 The following applies where Apple Inc is the Store:

• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility subject to these terms and conditions.

• We, not Apple, are responsible for addressing your claims or the claims of any third party relating to the App or the end-user’s possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation including use of HealthKit and HomeKit frameworks.

26.3 You acknowledge and agree that the Store, and the Store’s subsidiaries, are third party beneficiaries of this agreement, and that the Store will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary thereof.

26.4 You promise that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

27. Complaints

27.1 If you have any complaints, please contact us via the contact details shown below.

28. Company information

28.1 Company name: Bulbshare Limited

28.2 Trading name: “Bulbshare”

28.3 Country of incorporation: England and Wales.

28.4 Registered number: 10867126

28.5 Registered office and trading address: 3-5 Hardwidge Street, London, SE1 3SY, UK

28.6 Contact email address:  info@bulbshare.com

28.7 Other contact information: See our website.