Please read these terms and conditions carefully before using this application, they contain important information about your rights and obligations.
In the following text “We”, “we”, “us”, “Our” or “our” means The Jockey Club, UK Company registration number RC000287, “User” means you, “Content” means text, pictures, graphics, 2D/3D models, audio, videos and links, “Viewmaker” or “Platform” means the client application and remote server software used to deliver and receive Content, “Publisher” means a third party provider of Content and “Your Content” means Content created by you.
1. Intended Use
Viewmaker enables the receiving, viewing and transmitting of Content between you the User and The Jockey Club or other Publishers, and other applications, features, software, databases and services, including but not limited to the provision of interactive maps and augmented reality layers.
2. Your Obligations
Using Viewmaker may require you to interact with your mobile device while outdoors. You must take all reasonable care to ensure that you are in a safe place before interacting with Viewmaker or any Content provided through Viewmaker.
Viewmaker is an internet-based service and you recognise that you may incur mobile data costs from your network operator in the same way as with any other mobile internet activity. You acknowledge that you are responsible for any such costs.
You are solely responsible for any Content that you upload or otherwise share via Viewmaker. You shall not upload or share any Content which is offensive, degrading, indecent, libelous, obscene, pornographic or otherwise objectionable to others or that violates the privacy, intellectual property or other rights of third parties or is in violation of legislation or regulation, including international treaties – in particular content containing material that is protected by intellectual property rights, without the written consent of the owner of such rights, other than excerpts permitted legally.
You acknowledge that The Jockey Club is not responsible for Your Content or for Content that Publishers publish on the Platform. You indemnify us from and hold us harmless against any and all claims from third parties that Your Content is in contravention of any (international) laws, regulations or is otherwise considered unlawful or harmful.
You accept that you may be exposed to Content from others that is offensive, indecent or otherwise objectionable. Content may also contain material that violates the privacy, intellectual property or other rights of third parties. We do not represent or imply that we approve of the Content and we cannot review or verify whether the Content is accurate, useful or harmless.
You acknowledge that the Platform and Content may be protected by intellectual property rights. You may not modify, copy, sell, create derivative works or distribute the Platform or Content in any way.
The Platform and Content may contain links to other websites/sources. You acknowledge that we do not control these, we are not responsible for any information contained therein and we disclaim any responsibility for these websites/sources.
You agree that neither The Jockey Club, its affiliated companies, suppliers nor its licensors are liable to you for any form of damages or loss which may be in incurred by you in relation to your use of Viewmaker.
3. Intellectual Property Rights
You retain any and all rights you already hold in Your Content.
You grant The Jockey Club a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to reproduce, adapt, modify, translate, publish, display and distribute Your Content. This license is to enable us to make Your Content available on Viewmaker. Your license includes a right for The Jockey Club or its affiliated companies to make Your Content available and sublicense it to Publishers. You represent and warrant to The Jockey Club that you have all necessary rights, power and authority to grant the license.
We grant you a personal, worldwide, terminable, non-assignable, royalty-free and non-exclusive right to use Viewmaker and the Content provided through it.
4. Modifications to Viewmaker
We reserve the right to alter, suspend or discontinue any aspect of the Platform or the Content available through it, including your access to it. Unless explicitly stated any new features including new Content shall be subject to these terms and conditions.
5. Availability of Viewmaker
We will try to make the Platform available but cannot guarantee that it will operate continuously or without interruptions or be error free and can accept no liability in the event that it is unavailable.
6. Termination of this Agreement
The Jockey Club may terminate the agreement with you, wholly or in part, if you breach any provision of this agreement or if we are obliged to do so by law or through an order of any competent authority or if we permanently discontinue operation of the Platform. All provisions of this agreement regarding intellectual property, warranty exclusions, indemnity and limitations of liability and applicable law shall survive such termination.
Your use of Viewmaker and any dispute arising out of such use is subject to the laws of England, Northern Ireland, Scotland and Wales.We may at any time and without giving notice to you assign our rights under any agreement with you.