Terms of Use

InspireD, an App developed by Ulster University, provides a resource for people who wish to share their memories with people close to them via our mobile device application ("App"). Please read these Terms of Use (the "Terms") carefully because they govern your use of our app and theinspiredapp.com website.

Agreement to Terms

By using our App, you agree to be bound by these Terms. If you don't agree to these Terms, do not use the App. If you are accessing and using the App on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, "you" and "your" will refer to that company or other legal entity.

Changes

We may modify the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Site or through other communications. It's important that you review the Terms whenever we modify them because if you continue to use the App after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you can't use the App anymore. Because our App may evolve over time we may change or discontinue all or any part of the App, at any time and without notice, at our sole discretion.

Eligibility

You may use the App only if you are 13 years or older.

Using the App

Via the App, users can add and organise User Content in the form of text, photos, videos and audio files to the App that will be included as part of a compilation of your User Content; (ii) access generic media made available by us which can also be used for reminiscence and (iii) learn more about the App.

Feedback

We welcome feedback, comments and suggestions for improvements to the App ("Feedback"). You can submit Feedback by contacting us on theinspiredapp.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users.

Content Rights

For purposes of these Terms: (i) "Content" means text, graphics, images, music, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the App; and (ii) "User Content" means any Content that users (including you) provide to be made available through the App. Content includes without limitation User Content.

We do not claim any ownership rights in any User Content that you make available through the App and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Ulster University exclusively own all right, title and interest in and to the App and Content, including all associated intellectual property rights. You acknowledge that the App and Content are protected by copyright and other laws of the United Kingdom and foreign countries. You agree not to remove, alter or obscure any copyright or other proprietary rights notices incorporated in or accompanying the App or Content.

User Content

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to use your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the App will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You may delete your User Content via the App.

Rights Granted by InspireD

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the App and solely for your personal and non-commercial purposes.

Apps Rights in App Granted by InspireD

Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. We reserve all rights in and to the App not expressly granted to you under these Terms.

Prohibitions

You agree not to do any of the following:

  • Post, upload, publish, submit or transmit any Content that: (iuniversity ) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
  • Use, display, mirror or frame the App, or any individual element within the App, or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
  • Access, tamper with, or use non-public areas of the App, our computer systems, or the technical delivery systems of our providers;
  • Attempt to probe, scan, or test the vulnerability of any our system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the App or Content;
  • Attempt to access or search the App or Content or download Content from the App through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers;
  • Send any unsolicited or unauthorised advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use the App or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the App or Content;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the App;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

Termination

We may terminate your access to and use of the App, at our sole discretion, at any time and without notice to you. You may stop using the App at any time by uninstalling the App, as applicable. Upon any termination, discontinuation or cancellation of App, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Limitation of Liability

You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as meet your requirements.

The Content is provided for general information only. Please note that the App shall not be construed as a medical tool of any sort. It is not intended to amount to advice on which you should rely. If you have any questions or concerns about the content within the apps we recommend you seek professional or specialist advice before taking, or refraining from, any action on the basis of the content of the App.

You acknowledge that the Content may be updated, altered or removed, from time to time, at any time, without notice to you.

You are responsible for any data usage, roaming or other charges you incur when accessing the internet through your mobile or other Device.

We only supply the App and Content for domestic and private use. You agree not to use the App and Content for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence up to the limit specified below, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time you accepted these Terms.

Our maximum aggregate liability under or in connection with these Terms (including your use of any App) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to allowing you to download another copy of the App.

Nothing in these Terms shall limit or exclude our liability for:

  1. (a) death or personal injury resulting from our negligence;
  2. (b) fraud or fraudulent misrepresentation; and
  3. (c) any other liability that cannot be excluded or limited by Northern Irish law.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of Northern Ireland. The exclusive jurisdiction and venue of any action related to the App or these Terms will be the courts of Northern Ireland and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

General Terms

These Terms constitute the entire and exclusive understanding and agreement between Ulster University and you regarding the App and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Ulster University and you regarding the App and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. `We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided to us under these Terms, including those regarding modifications to these Terms, will be given via email to info@theinspiredapp.com

For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Ulster University.  Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information

If you have any questions about these Terms or the App, please contact us at info@theinspiredapp.com