“STICKLETS” iOS App: Terms & Conditions of Use

Who we are

We, Open Screen Limited of Eden House, Reynolds Road, Beaconsfield HP9 2FL license you (User) to use:

The STICKLETS 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

STICKLETS is an app for your temporary Jottings, web pages and images.

Your Privacy

Under the Data Protection Act 2018, we are obliged to provide you with certain information about who we are, how we process your personal data, for what purposes, and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy and we recommend that you download and store a copy of this notice for future reference.

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.

Who Can Use STICKLETS

STICKLETS is open to all users on the Apple MacOS platform. To ensure that it is safe, secure, and in accordance with the law, users of STICKLETS must commit to the following:

You must be at least seventeen years old.

You must not be prohibited from receiving any aspect of our service under applicable laws or engaging in payments related services if you are on an applicable denied party listing.

You must not have previously violated any laws or any of our policies, or have been previously banned from our services.

User Content

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;

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.

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.

Getting in Touch

We value receiving feedback from our Users, and are always interested in learning about ways we can make STICKLETS 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 STICKLETS 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.

Updates

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.

Our Liability

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.

Even though STICKLETS has been tested extensively and we believe that is of very high standard, however we will not take responsibility for any issues with the app, or any loss of information due to unforeseen circumstances.

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 use of STICKLETS at any time by deleting the app.

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.