PLEASE READ THESELICENCE TERMS CAREFULLY

BY BUYING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOTAGREE TO THESE TERMS DO NOT BUY THE APP.

OR

BY CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREETO THESE TERMS WHICH WILL BIND YOU.

IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE"REJECT" BUTTON BELOW.

Who we are and what this agreementdoes

We Livingart London LTD 24 cleveland avenue, London, W4 1SN license youto use:

·        Metalove mobile applicationsoftware[, the data supplied with the software,] (App) and any updates or supplements to it.

·        [[The related online OR electronic] documentation] (Documentation).

·        [The service you connect to via the App and thecontent we provide to you through it (Service).

as permitted in these terms.

Your privacy

Under data protection legislation, we are required toprovide you with certain information including who we are, how we process yourpersonal data and for what purposes and your rights in relation to yourpersonal data and how to exercise them. This information is provided in [LINKTO PRIVACY NOTICE] [unless you are using a specific service to which adifferent privacy policy applies, as set out below [LINK TO "ADDITIONALTERMS FOR SERVICES"]] and it is important that you read that information.

Additional terms for specificServices

In addition the Services set out below will be governed bythe following terms of use and privacy policies :

Service

Web address of terms of use

Web address of privacy policy

[DESCRIPTION OF  SERVICE]

[WEB ADDRESSES OF TERMS  OF USE]

[WEB ADDRESS OF PRIVACY  POLICY]

[DESCRIPTION OF  SERVICE]

[WEB ADDRESSES OF TERMS  OF USE]

[WEB ADDRESS OF PRIVACY  POLICY]

[APPSTORE'S NAME]'s terms also apply

The ways in which you can use the App and Documentation mayalso be controlled by the [APPSTORE'S NAME]'s rules and policies [LINK TO RULESAND POLICIES] [and [APPSTORE'S NAME]'s rules and policies will apply instead ofthese terms where there are differences between the two ].

Operating system requirements

This app requires a [TYPE OF MOBILE PHONE OR HANDHELDDEVICE] device with a minimum of [AMOUNT OF MEMORY] of memory and the [TYPE OFOPERATING SYSTEM] operating system [VERSION OF OPERATING SYSTEM] . [INSERTOTHER REQUIREMENTS].

Support for the App and how to tellus about problems

Support. If youwant to learn more about the App or the Service or have any problems using themplease take a look at our support resources at [NAME OF WEBSITE].

Contacting us(including with complaints). If you think the App or the Services arefaulty or misdescribed or wish to contact us for any other reason please emailour customer service team at [EMAIL ADDRESS] or call them on [TELEPHONENUMBER].

How we willcommunicate with you. If we have to contact you we will do so by email, bySMS[ or by pre-paid post], using the contact details you have provided to us.

How you may use the App, includinghow many devices you may use it on

In return for your agreeing to comply with these terms youmay:

·        download or stream a copy of the App onto[NUMBER AND DESCRIPTION OF MOBILE TELEPHONE OR HANDHELD DEVICES ONTO WHICH APPMAY BE DOWNLOADED OR STREAMED] and view, use and display the App and theService on such devices for your personal purposes only. [In addition you mayshare the App and the Service in accordance with the rules set out in [LINK TOAPPSTORE RULES ON FAMILY SHARING]].

·        use any Documentation to support your permitteduse of the App and the Service.

·        provided you comply with the [LINK TO"LICENCE RESTRICTIONS"], make up to [NUMBER] copies of the App [andthe Documentation] for back-up purposes; and

·        receive and use any free supplementary softwarecode or update of the App incorporating "patches" and corrections oferrors as we may provide to you.

You must be 18 to accept these termsand buy the app

You must be 18 or over to accept these terms and buy theApp.  

You may not transfer the App tosomeone else

We are giving you personally the right to use the App andthe Service as set out above [LINK TO "HOW YOU MAY USE THE APP"].[Whilst you may have sharing rights as set out above,] you may not otherwisetransfer the App or the Service to someone else, whether for money, foranything else or for free. If you sell any device on which the App isinstalled, you must remove the App from it.

Changes to these terms

We may need to change these terms to [reflect changes inlaw or best practice or to deal with additional features which we introduce OR  GIVE REASONS].

We will give you at least [30] days notice of any change bysending you an SMS with details of the change or notifying you of a change whenyou next start the App.

If you do not accept the notified changes you [may continueto use the App and the Service in accordance with the existing terms butcertain new features may not be available to you OR will not be permitted to continue to use the App and the Service[and you may apply to the Appstore for a refund, which will reflect the periodthe App and the Service have been available to you prior to cancellation].

Update to the App and changes to theService

From time to time we may automatically update the App andchange the Service to improve performance, enhance functionality, reflectchanges to the operating system or address security issues. Alternatively wemay ask you to update the App for these reasons.

If you choose not to install such updates or if you opt outof automatic updates you may not be able to continue using the App and theServices.

The App will always [work with the current or previousversion of the operating system (as it may be updated from time to time) and]match the description of it provided to you when you bought it].

If someone else owns the phone ordevice you are using

If you download or stream the App onto any phone or otherdevice not owned by you, you must have the owner's permission to do so. Youwill be responsible for complying with these terms, whether or not you own thephone or other device.

We are not responsible for otherwebsites you link to

The App or any Service may contain links to otherindependent websites which are not provided by us. Such independent sites arenot under our control, and we are not responsible for and have not checked andapproved their content or their privacy policies (if any).

You will need to make your own independent judgement aboutwhether to use any such independent sites, including whether to buy anyproducts or services offered by them.

Licence restrictions

You agree that you will:

·        [except in the course of permitted sharing (see[LINK TO "HOW YOU MAY USE THE APP"])] not rent, lease, sub-license,loan, provide, or otherwise make available, the App or the Services in anyform, in whole or in part to any person without prior written consent from us;

·        not copy the App, Documentation or Services,except as part of the normal use of the App or where it is necessary for thepurpose of back-up or operational security;

·        not translate, merge, adapt, vary, alter ormodify, the whole or any part of the App, Documentation or Services nor permitthe App or the Services or any part of them to be combined with, or becomeincorporated in, any other programs, except as necessary to use the App and theServices on devices as permitted in these terms;

·        not disassemble, de-compile, reverse engineer orcreate derivative works based on the whole or any part of the App or theServices nor attempt to do any such things, except to the extent that (byvirtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988)such actions cannot be prohibited because they are necessary to decompile theApp to obtain the information necessary to create an independent program thatcan be operated with the App or with another program (Permitted Objective), and provided that the information obtained byyou during such activities:

·        is not disclosed or communicated without theLicensor's prior written consent to any third party to whom it is not necessaryto disclose or communicate it in order to achieve the Permitted Objective; and

·        is not used to create any software that issubstantially similar in its expression to the App;

·        is kept secure; and

·        is used only for the Permitted Objective;

·        comply with all applicable technology control orexport laws and regulations that apply to the technology used or supported bythe App or any Service.

Acceptable use restrictions

You must:

·        not use the App or any Service in any unlawfulmanner, for any unlawful purpose, or in any manner inconsistent with theseterms, or act fraudulently or maliciously, for example, by hacking into orinserting malicious code, such as viruses, or harmful data, into the App, anyService or any operating system;

·        not infringe our intellectual property rights orthose of any third party in relation to your use of the App or any Service[,including by the submission of any material] (to the extent that such use isnot licensed by these terms);

·        not transmit any material that is defamatory,offensive or otherwise objectionable in relation to your use of the App or anyService;

·        not use the App or any Service in a way thatcould damage, disable, overburden, impair or compromise our systems or securityor interfere with other users; and

·        not collect or harvest any information or datafrom any Service or our systems or attempt to decipher any transmissions to orfrom the servers running any Service.

Intellectual property rights

All intellectual property rights in the App, theDocumentation and the Services throughout the world belong to us [(or ourlicensors)] and the rights in the App and the Services are licensed (not sold)to you. You have no intellectual property rights in, or to, the App, theDocumentation or the Services other than the right to use them in accordancewith these terms.

Our responsibility for loss or damagesuffered by you

We are responsibleto you for foreseeable loss and damage caused by us. If we fail to complywith these terms, we are responsible for loss or damage you suffer that is aforeseeable result of our breaking these terms or our failing to use reasonablecare and skill [, but we are not responsible for any loss or damage that is notforeseeable]. Loss or damage is foreseeable if either it is obvious that itwill happen or if, at the time you accepted these terms, both we and you knewit might happen.

We do not exclude orlimit 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 negligenceor the negligence of our employees, agents or subcontractors or for fraud orfraudulent misrepresentation.

When we are liablefor damage to your property. If defective digital content that we havesupplied damages a device or digital content belonging to you, we will eitherrepair the damage or pay you compensation. [However, we will not be liable fordamage that you could have avoided by following our advice to apply an updateoffered to you free of charge or for damage that was caused by you failing tocorrectly follow installation instructions or to have in place the minimumsystem requirements advised by us.]

We are not liablefor business losses. The App is for domestic and private use. If you usethe App for any commercial, business or resale purpose we will have noliability to you for any loss of profit, loss of business, businessinterruption, or loss of business opportunity.

Limitations to theApp and the Services. The App and the Services are provided for generalinformation and entertainment purposes only. They do not offer advice on whichyou should rely. You must obtain professional or specialist advice beforetaking, or refraining from, any action on the basis of information obtainedfrom the App or the Service. Although we make reasonable efforts to update theinformation provided by the App and the Service, we make no representations,warranties or guarantees, whether express or implied, that such information isaccurate, complete or up to date.

Please back-upcontent and data used with the App. We recommend that you back up anycontent and data used in connection with the App, to protect yourself in caseof problems with the App or the Service.

Check that the Appand the Services are suitable for you. The App and the Services have notbeen developed to meet your individual requirements. Please check that thefacilities and functions of the App and the Services (as described on theappstore site and in the Documentation) meet your requirements.

We are notresponsible for events outside our control. If our provision of theServices or support for the App or the Services is delayed by an event outsideour control then we will contact you as soon as possible to let you know and wewill take steps to minimise the effect of the delay. Provided we do this wewill not be liable for delays caused by the event  but if there is a risk of substantial delayyou may contact us to end your contract with us and receive a refund for anyServices you have paid for but not received.

We may end your rights to use theApp and the Services if you break these terms

We may end your rights to use the App and Services at anytime by contacting you if you have broken these terms in a serious way. If whatyou have done can be put right we will give you a reasonable opportunity to doso.

If we end your rights to use the App and Services:

·        You must stop all activities authorised by theseterms, including your use of the App and any Services.

·        You must delete or remove the App from alldevices in your possession and immediately destroy all copies of the App whichyou have and confirm to us that you have done this.

·        We may remotely access your devices and removethe App from them and cease providing you with access to the Services.

We may transfer this agreement tosomeone else

We may transfer our rights and obligations under theseterms to another organisation. We will always tell you in writing if thishappens and we will ensure that the transfer will not affect your rights underthe contract.

You need our consent to transferyour rights to someone else

You may only transfer your rights or your obligations underthese terms to another person if we agree in writing.

No rights for third parties

This agreement does not give rise to any rights under theContracts (Rights of Third Parties) Act 1999 to enforce any term of thisagreement.

If a court finds part of thiscontract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately.If any court or relevant authority decides that any of them are unlawful, theremaining paragraphs will remain in full force and effect.

Even if we delay in enforcing thiscontract, we can still enforce it later

Even if we delay in enforcing this contract, we can stillenforce it later. If we do not insist immediately that you do anything you arerequired to do under these terms, or if we delay in taking steps against you inrespect of your breaking this contract, that will not mean that you do not haveto do those things and it will not prevent us taking steps against you at alater date.

Which laws apply to this contractand where you may bring legal proceedings

These terms are governed by English law and you can bringlegal proceedings in respect of the products in the English courts. If you livein Scotland you can bring legal proceedings in respect of the products ineither the Scottish or the English courts. If you live in Northern Ireland youcan bring legal proceedings in respect of the products in either the NorthernIrish or the English courts.

Alternative dispute resolution

Alternative dispute resolution is a process where anindependent body considers the facts of a dispute and seeks to resolve it,without you having to go to court. If you are not happy with how we havehandled any complaint, you may want to contact the alternative disputeresolution provider we use. You can submit a complaint to [NAME OF ADR ENTITY]via their website at [WEBSITE ADDRESS]. [[NAME OF ADR ENTITY] will not chargeyou for making a complaint and if you are not satisfied with the outcome you canstill bring legal proceedings.

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