Blippar provides to You, an individual acting in a personal capacity, with Blippar Services which include access to the Blippbuilder Tool and Blippar API on the Blippar Platform for beta testing to enable you to publicly provide Interactive Content to End Users for non-commercial purposes such that such Interactive Content can be viewed on the Blippar Platform by Blipping using the Blippar App.
a) remove or modify any program markings or any notice of Blippar’s or its licensors’ proprietary rights;
b) make the programs or materials resulting from the Blippar Services (excluding Your Content and Your Applications) available in any manner, for a fee or without charge, to any third party for use in the third party’s business or charitable operations;
c) modify, make derivative works of, disassemble, decompile, or reverse engineer any part of the Blippar Services (the foregoing prohibition includes but is not limited to review of data structures or similar materials produced by programs) unless required to be permitted by law for interoperability,
d) access or use the Blippar Services to build or support, and/or assist a third party in building or supporting, products or services competitive to Blippar;
e) perform or disclose any benchmark or performance tests of the Blippar Services, including the Blippar Programs, without Blippar’s prior written consent;
f) perform or disclose any of the following security testing of the Blippar Platform or associated infrastructure without Blippar’s prior written consent: network discovery, port and service identification, vulnerability scanning, password cracking, remote access testing, or penetration testing; and
g) license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make use of the Blippar Services, Blippbuilder Tool, other Blippar Programs, Blippar Platforms or materials available, to any third party, other than as expressly permitted under the terms of this Agreement.
a) except as expressly provided herein, no part of the Blippar Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; and
b) You make every reasonable effort to prevent unauthorised third parties from accessing the Blippar Services.
(a) menace or harass any person or cause damage or injury to any person or property;
(b) involve the publication of any material that is false, defamatory, harassing or obscene;
(c) violate privacy rights or promote bigotry, racism, hatred or harm;
(d) constitute unsolicited bulk e-mail, “junk mail”, “spam” or chain letters;
(e) constitute an infringement of intellectual property or other proprietary rights; or
(f) otherwise violate applicable laws, ordinances or regulations.
(a) You provide Blippar with written notice no later than thirty (30) days prior to the end of the applicable Services Period of your intention not to renew such Blippar Services, or
(b) Blippar provides You with written notice no later than thirty (30) days prior to the end of the applicable Services Period of its intention not to renew such Blippar Services.
(a) will provide advance notice to You in writing of any such suspension in Blippar’s reasonable discretion based on the nature of the circumstances giving rise to the suspension;
(b) may use reasonable efforts to re-establish the affected Blippar Services promptly after Blippar determines, in its reasonable discretion, that the situation giving rise to the suspension has been cured; and
(c) during any suspension period, Blippar will make available to You Your Content and Your Applications as existing in the Blippar Platform on the date of suspension.
(a) is or becomes a part of the public domain through no act or omission of the other party;
(b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party;
(c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or
(d) is independently developed by the other party.
(A) THE BLIPPAR SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT BLIPPAR WILL CORRECT ALL SERVICES ERRORS,
(B) THE SERVICES WILL OPERATE IN COMBINATION WITH YOUR CONTENT OR YOUR APPLICATIONS, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY BLIPPAR;
(C) THE BLIPPAR SERVICES WILL MEET YOUR REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS. YOU ACKNOWLEDGE THAT BLIPPAR DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE BLIPPAR SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES.
(a) notifies the Provider promptly in writing, not later than 30 days after the Recipient receives notice of the claim (or sooner if required by applicable law);
(b) gives the Provider sole control of the defence and any settlement negotiations; and
(c) gives the Provider the information, authority and assistance the Provider needs to defend against or settle the claim.
(a) alters the Material or uses it outside the scope of use identified in the Provider’s user or program documentation or Blippar Service Specifications;
(b) uses a version of the Material which has been superseded, if the infringement claim could have been avoided by using an unaltered current version of the Material which was made available to the Recipient; or
(c) continues to use the applicable Material after the end of the license to use that Material.
(a) in unmodified form;
(b) as part of or as required to use the Blippar Services; and
(c) in accordance with the usage grant for the relevant Blippar Services and all other terms and conditions of this Agreement, Blippar will indemnify You for infringement claims for Licensed Third Party Technology to the same extent as Blippar is required to provide infringement indemnification for Materials under the terms of the Agreement.
(a) the nature, type, quality and availability of Third Party Content may change at any time during the Services Period; and
(b) features of the Services that interoperate with third parties such as Facebook™, YouTube™ and Twitter™, etc. (each, a “Third Party Service”), depend on the continuing availability of such third parties’ respective application programming interfaces (APIs) for use with the Services.
(a) compile statistical and other information related to the performance, operation and use of the Blippar Services; and
(b) use data from the Blippar Platform in aggregated form for security and operations management, to create statistical analyses, and for research and development purposes
(together “Service Analyses”).
In this Agreement the following terms shall have the following definitions:
“Agreement” means this agreement and any schedules to it;
“API Services” means access to the Blippar application program interface;
“Applicable Laws” means any law, legislation, instrument, rule, order, regulation, directive, by-law, code of practice or decision which applies to, concerns or otherwise affects any Party’s obligations under this Agreement as may be amended or varied from time to time, including the rules and regulations of any local, national, multinational, governmental or non-governmental authority, statutory undertaking or public or regulatory body or body corporate which has any jurisdiction, control or influence over the obligations of any Party or the providing thereof or any decision, consent or licence which is required in order for any of the Parties to fulfil their obligations in accordance with and pursuant to this Agreement;
“Blippar App” means the Blippar software application (that operates on the IOS, Microsoft and android operating systems) through which End Users may access Interactive Content hosted on the Blippar Platform;
“Blipping” means the process of an End User using the Blippar App to identify a Marker which will then Trigger the Interactive Content on the Blippar App from the Blippar Platform;
“Blippar End User” means a consumer who uses the Blippar App to access the Blippar Platform.
“Blippar Platform” means the combination of hardware and software components for augmented reality and image recognition services owned, licensed or managed by Blippar to which Blippar grants You access as part of the Blippar Services which are provided to You.
“Blippar Programs” means to the software products owned or licensed by Blippar to which Blippar grants You access as part of the Blippar Services, including the Blippbuilder Tool, Blippar App, Program Documentation, and any program updates provided as part of the Blippar Services but does not include Licensed Third Party Technology;
“Blippar Services” means the Blippbuilder Services and the API Services that are provided to You by Blippar for the purpose of beta testing only for the Service Period;
“Blippbuilder Services” means access to the Blippbuilder Tool and the hosting of Interactive Content on the Blippar Platform for the Services Period;
“Blippbuilder Tool” means the Blippbuilder software-as-a-service solution that is hosted on the Blippar Platform and that enables You to upload and create Interactive Content that can be Triggered on the Blippar Platform via the Blippar App;
“Business Day” means any date (other than a Saturday or Sunday) when the clearing banks are open for normal deposit taking in the City of London.
“Call-to-Action” or “CTA” means the Blippar mark used to communicate to the End User that a Marker is interactive when recognised by the Blippar Platform using the Blippar App;
“Confidential Information” has the meaning set out at Clause 10;
“Fees” mean the consideration payable by You for the provision of the Blippar Services by Blippar as are more particularly set out in the Blippar Services Specification at Appendix 2;
“Inappropriate Usage” means using the Blippar App, Blippar Platform or Blippbuilder Tool in any manner that would or which may, in Blippar’s sole discretion, breach any Applicable Laws, promote goods or services that are unlawful or immoral damaging to Blippar’s reputation, place Blippar in breach of any other contractual or legal obligation to any third party, infringe the Intellectual Property Rights of Blippar or any other party, cause a technical or operational failure of the Blippar App, Blippar Platform or Blippbuilder Tool;
“Interaction” means a single Trigger of a Marker by an End User that downloads the Interactive Content from the Blippar Platform to the Blippar App;
“Interactive Content” means digital content including, but not limited to, sounds, music, graphics, pictures, videos,3D models, games and competitions that is stored on the Blippar Platform and that is downloaded to the Blippar App on the Trigger of a Marker;
“Licensed Third Party Technology Terms” means the separate license terms that are specified in the Program Documentation, Blippar Service Specifications, readme or notice files and that apply to Licensed Third Party Technology;
“Licensed Third Party Technology” means the third party technology that is licensed under Licensed Third Party Technology Terms and not under the terms of this Agreement;
“Marker” means the creative asset which the Blippar Platform recognises via the Blippar App and which Triggers the Interactive Content;
“Material” has the meaning set out at Clause 14;
“Program Documentation” means the program user manuals for the Blippar Programs referenced within the Blippar Service Specifications for the Blippar Services, as well as any help windows and readme files for such Blippar Programs that are accessible from within the Blippar Services. The Program Documentation describes technical and functional aspects of the Blippar Programs. You may access the documentation online at [http://Blippar.com/] or such other address specified by Blippar;
“Provider” has the meaning set out in Clause 14;
“Recipient” has the meaning set out in Clause 14;
“Service Analyses” has the meaning set out at Clause 17.1;
“Blippar Service Specifications” means the specification for the Blippar Services provided to You that are more particularly set out at Schedule 2;
“Service Tools” has the meaning set out at Clause 16.1;
“Services Period” mean the period of time for which You are provided with the Blippar Services as Blippar may, in its absolute discretion, determine and which Blippar may bring to an end by notifying you in writing or by email;
“Third Party Content” means all text, files, images, graphics, illustrations, information, data, audio, video, photographs and other content and material, in any format, that are obtained or derived from third party sources outside of Blippar and made available to You through, within, or in conjunction with Your use of, the Services including, but not limited to, image libraries, data feeds from social network services, rss feeds from blog posts, and data libraries and dictionaries but not including Licensed Third Party Technology;
“Third Party Service” has the meaning set out at Clause 15.3;
“Trigger” means the identification of a Marker on the Blippar Platform using the Blippar App that commences the process of downloading the Interactive Content from the Blippar Platform to the Blippar App;
“Touchpoint” means the physical object upon which a Marker is affixed;
“Updates” has the meaning set out at Clause 6.9
“You” and “Your” means you, the individual person, acting in a personal capacity, who has accepted the terms and conditions of this Agreement;
“Your Applications” means all software programs, including any source code for such programs, that You load onto the Blippar Platform; and
“Your Content” means all text, files, images, graphics, illustrations, information, data (including Personal Data as that term is defined in the Data Processing Agreement for Blippar Services described in Section 11.2 below), audio, video, photographs and other content and material (other than Your Applications), in any format, provided by You for hosting on the Blippar Platform.
Services Period: | 12 (twelve) calendar months |
Blippar Services: | 1. Blippbuilder Services 1.1 Creation Blippar shall allow You to create Interactive Content for the duration of the Term by using the Blippbuilder Tool. 2. Hosting Blippar shall host all Interactive Content on the Blippar Platform for the duration of the Services Period. |
Fees | £1 receipt of which Blippar hereby acknowledge |