Terms & Conditions
Camera Sheets is licensed to You (End User) by Asp Digital Limited (hereinafter: Licensor), for use only under the Terms & Conditions End User License Agreement.
By downloading the Application from the Apple AppStore, and any update thereto (as permitted by this Terms and Conditions End User License Agreement), You indicate that You agree to be bound by all of the Terms and Conditions of this Terms and Conditions End User License Agreement, and that You accept this Terms and Conditions End User License Agreement.
The Parties of this Terms and Conditions End User License Agreement acknowledge that Apple App Store is not a Party to this Terms and Conditions End User License Agreement and is not bound by any provisions or obligations with regard to Camera Sheets Terms and Conditions End User License Agreement, such as warranty, liability, maintenance and support thereof. Asp Digital Ltd, not Apple App Store, is solely responsible for this Terms and Conditions End User License Agreement Application and the content thereof.
This Terms and Conditions End User License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service.
All rights not expressly granted to You are reserved.
1. THE APPLICATION
Camera Sheets (hereinafter: Application) is a piece of software created to Log Camera, Lens and Shot Information for Productions and customised for Apple mobile devises. It is used to log Camera, Lens and and Shot Information for productions to generate and distribute various reports from You (End User).
The Application is Not tailored to comply with industry-specific regulations such as Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA) etc. So if your interactions would be subjected to any such laws, You may not use the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA) or any other Act.
The Licensor is not responsible for the accuracy of data, non compliance of privacy and data sharing, safe storage and distribution, loss and/or theft of any devises that this Application is stored on, Production terms and conditions, and any Users that the Application and the data therein is shared with. You the End User are responsible to include compliance with the United Kingdom’s laws governing Data Protection and any other laws governing such compliance and data therein.
2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sub licensable Terms and Conditions End User License Agreement to install and use this Agreement on any Apple branded Products that You (End User) own or control, that You (End User) check compatibility and compliance, and as permitted by the Usage Rules set forth in this section and that of the Apple App Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End User, The Purchaser) via Family Sharing or volume purchasing and in accordance with number 1 of the Application.
2.2 This Terms and Conditions End User License will also govern any updates of the Application provided by the Licensor that replace, repair, and /or supplement the first Application, unless a separate Terms and Conditions End User license is provided for such update in which case the terms of that new Terms and Conditions End User License will govern.
2.3 You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions, and with Asp Digital Limited prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Asp Digital Limited prior written consent).
2.5 You may not copy (excluding when expressly authorised by this Terms and Conditions End User License and the Usage Rules) or alter the Application or portion thereof. You may create and store copied only on devises that You own or control for backup keeping under this Terms and Conditions End User License, The Apple App Store Terms of Service, and any other terms and conditions that apply to the device and/or software used. You may not remove any Intellectual Property Notices. You acknowledge that no unauthorised third parties may gain access to these copies at any time.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages of United Kingdom.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 The Application requires a firmware version IOS 14.0 or higher. Licensor recommends using the latest version of the firmware.
3.2 Licensor attempts to keep the Application updated so that it complies with the modified/new versions of the firmware and new hardware. You are not granted the rights to claim such an update.
3.3 You acknowledge that it is Your responsibility to confirm and determine that the App End User device on which You intend to use the Application satisfies the technical specifications mentioned above.
3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1. The Licensor is solely responsible for providing any maintenance and support services for this licensed Application subject to force majeure and/or incapacity. You can reach the Licensor at the email address listed in the App Store Overview for this licensed Application.
4.2 Asp Digital Limited and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.
4.3 This application is subject of Apple App Terms and Conditions, storage etc.
5. USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your downloaded Application content and Your personal information, and that Licensor’s use of such material and information is subject to Your legal agreements with Licensor and Licensor’s privacy policy: http://www.aspdigital.co.uk/about_camera sheets.html
6. USER GENERATED CONTRIBUTIONS
The Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Application, including but not limited to text, writings, video, audio, photographs, graphic, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you created or make available any Contributions, you thereby represent and warrant that:
-
The creation, distribution, transmission, public display, or performance and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party.
-
You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorise us, the Application and other users of the Application to use your contributions in any manner contemplated by the Application and these Terms of Use.
-
You have the the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Application and these Terms of Use.
-
Your Contributions are not false, inaccurate, or misleading.
-
Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
-
Your contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us.)
-
Your Contributions do not ridicule, mock, disparage, intimidate or abuse anyone.
-
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class or race of people.
-
Your Contributions do not violate any applicable law, regulation or rule.
-
Your Contributions do not violate the privacy or publicity rights of any third party.
-
Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual manner.
-
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well being of minors.
-
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap.
-
Your Contributions do not otherwise violate, or link to material that violates any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Application in Violation of the foregoing violates these Terms of Use may result in, among other things termination or suspension of your rights to use this Application
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Application or making Contributions accessible to the Application by linking your account from the Application to any of your social networking accounts, you automatically grant and you represent and warrant that you have the right to grant to us, an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, full paid worldwide right and license to host, use copy, reproduce, disclose, sell, resell, public, broadcast, retitle, archive, store, case, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise and to prepare derivative works of, or incorporate in other works, such as Contributions and grant and authorise sub-licenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media or technology now known or hereafter developed and includes our use of your name, company name and franchise name, as applicable and any of the trademarks, service marks, trade names, logos and personal and commercial images you provide. You waive all moral rights in your Contributions and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other propriety rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Application. You are solely responsible for your contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right in our sole and absolute discretion, 1. To edit, redact or otherwise change any Contributions; 2. To recategorise any Contributions to place them in more appropriate locations in the Application; and 3. To pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
8. LIABILITY
8.1 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.
8.2 Licensor takes no accountability and responsibility in case of Data loss or Data hacks. The User is responsible for keeping the data logged by the application safe and secure. If any data relating to a production including (and in addition) to production titles, working titles, production crew, (including directors, cinematographers etc.) or actors/actresses names is leaked or stolen, the Company is indemnified of any claims, any and all legal costs that may be caused in relation to data breaches or leaks.
8.3 Licensor takes no accountability and responsibility in case of Any Costs or Losses incurred by a User or Production.
9. WARRANTY
9.1 Licensor warrants that the Application works as described in the user documentation.
9.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorisedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Asp Digital Limited sphere of influence that affect the executability of the Application.
9.3 You are required to inspect the Application immediately after installing it and notify Asp Digital Limited about issues discovered without delay by email provided in Product Claims. The defect report will be taken into consideration and further investigation if it has been mailed within a period of one hundred eighty (180) days after discovery.
9.4 If we confirm that the Application is defective, Asp Digital Limited reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
9.5 In the event of any failure of the Application to conform to any applicable warranty, You may notify the App Store Operator and your application purchase price will be refunded to you. To the maximum extent permitted by applicable law, the the App Store Operator will have no other warranty obligation whatsoever with respect to the App and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the User. The statutory periods of limitation given by law apply for users who are consumers.
10. PRODUCT CLAIMS
ASP Digital Limited and the End-User acknowledge that Asp Digital Limited and not Apple, is responsible for addressing any claims of the End-User or any third party relating to the licensed to the licensed Application or the End-User’s possession and/or use of that Application including but not limited to:
(1.) product liability claims
(2.) any claim that the licensed Application fails to conform to in any applicable legal or regulatory requirement and
(3.) claims arising under consumer protection, privacy or similar legislation, including in connection with Your licensed Application’s use of this Terms and Conditions of End User license.
11. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a United Kingdom government and a U.S. government embargo in any capacity and that You are not listed on any United Kingdom government and U.S. government list of prohibited or restricted parties.
This Application is governed by the laws of United Kingdom Law excluding its conflicts of law rules.
12. CONTACT INFORMATION
For general enquiries, complaints, questions or claims concerning the licensed Application please contact:
Asp Digital Limited
13. TERMINATION
The license is said until terminated by Asp Digital Limited or by You. Your rights under this license will terminate automatically and without notice from Asp Digital Limited if You fail to adhere to any term(s) of this license. Upon license termination, You shall stop all use of the Application and destroy all copies, full or partial, of the Application.
14. THIRD PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Asp Digital Limited represents and warrants that Asp Digital Limited will comply with applicable third-party terms of agreement when using licensed application.
15. INTELLECTUAL PROPERTY RIGHTS
Asp Digital Limited and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User’s possession and use of the licensed Application infringes on the third party’s intellectual property rights Apple is not responsible of any such intellectual property infringement claims.
16. APPLICABLE LAW
This license agreement is governed by the laws of the United Kingdom excluding its conflicts of law rules.
16. APPLICABLE LAW
17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
These terms of use were created with the help of Termly’s Terms and Conditions Generator