1.1 The Agreement
So please do take some time to read the Terms before enjoying the App! If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the App.
- any terms disclosed and agreed to by you if you buy additional products or services we offer on the App.
2. YOUR ACCOUNT
By creating an account and using the Berry App, you confirm and warrant that:
You can create an account by using your Facebook or Google login details, or via manual registration. If you create an account using Facebook or Google login details, you authorise us to access, display and use particular information from your account (e.g. profile pictures, location and education).
You are free to terminate your account, for any reason, by following the instructions in ‘Settings’ within the App. To prevent additional billing you will need to manage any purchases made through your mobile device platform (e.g., iTunes, Google Play). If we have reason to believe you have violated this Agreement we may delete your account at any time, after which you will not be entitled to any refund for purchases. Although the Agreement is terminated following the termination of your account, you will still be bound to certain legal constraints within the Agreement, specifically:
- You are at least 18 years old; and
- You are legally permitted to use the App by the legal requirements of your jurisdiction
You agree that your Berry account is non-transferable and all of your rights to your account and its Content cease to exist upon your death.
- Section 2
- Section 4
- Sections 9 - 12
3. MODIFYING THE APP
For the benefit of all our users, Berry will constantly look for ways to enhance the App. To do so we may automatically add or remove app features through downloads and install upgrades, keeping up to date with innovative technology and improving the overall user experience. We may not provide you with advance notice before making such changes, if they do not materially affect your rights or obligations. You may be able to adjust these automatic downloads through your device’s settings.
In the event we suspend the App completely, we will be sure to notify you in advance barring any extenuating circumstances.
4. SAFETY AND PRIVACY
Berry is not responsible for the behaviour of any user on or off the App. However we have created Berry Safety Guidelines to promote a considerate and safe user experience. You agree to read and follow Berry’s Safety Guidelines before using the App, and take caution if you decide to interact with other users off of the App.
You are also responsible for maintaining the privacy of your login details for your Berry account, and you are solely responsible for all activities that occur under your account. If at any point you believe your account has been wrongfully accessed, contact us immediately at email@example.com.
First and foremost, we hope our users are able to express themselves freely and creatively with posts of all kinds. However, there is specific content we cannot allow on the App which:
We genuinely hope the App grows to be place for all to feel completely comfortable regardless of their preferences or individual qualities. Therefore we will act with zero tolerance for anyone who feels the need to pollute this environment with any of the content above.
5.2 Your Content
‘Your Content’ is any content uploaded and presented by you, which makes it unique. As a result you are responsible and liable for ‘Your Content’ and will indemnify, defend, release, and hold Berry Corp Ltd harmless from any claims made in relation with ‘Your Content’. You also agree not to express or imply that any statements you make are endorsed by Berry.
You agree that any Content you place or authorize us to place on the App may be viewed by other users and may be viewed by any person with access to the App. Please be aware that individuals may view shared content or a user’s profile without being registered to the app. Given this, it is important you are comfortable sharing Your Content before you post.
Uploading ‘Your Content’ to Berry, means you represent and warrant to us that you have all required rights and licences to do so and automatically grant us a royalty free, non-exclusive, perpetual, world-wide non-exclusive licence to use Your Content in any way without limitation. You agree that we may observe and review any Content you post. Following this process you agree we have the right to delete, alter, limit or block access to any of ‘Your Content’ at any time, if we make the judgment that it violates this Agreement or may harm the reputation of the App, and we have no obligation to display or review Your Content.
By submitting suggestions or feedback to Berry regarding our Services, you agree that Berry may use and share such feedback for any purpose without compensating you.
You agree that Berry may access, preserve and disclose your account information and Your Content if legally required to do so or in a good faith belief that such access, preservation or disclosure is reasonably necessary, in order to:
- is defamatory, abusive, insulting, threatening or encourages discrimination in ANY form
- displays another person which was made and distributed without their permission;
- holds any form of malicious code (e.g. spyware, corrupt files, viruses) that could interfere with, disrupt or negatively affect the App or the servers or networks connected to the App;
- any data or personal information whether from Berry or otherwise;
- involves the broadcast of "junk" mail or "spam";
- itself, or the posting of which infringes any third party's rights which may include but is not limited to, intellectual property rights and privacy rights;
- is associated with commercial or profitable activities (including, but not limited to, sales, competitions and marketing & advertising, links to other applications);
- promotes any kind of illegal activity or constitutes committing a criminal offence through its submission;
- contains offensive language or imagery likely to harass, upset, embarrass or alarm any other user;
- is pornographic, violent, obscene or can otherwise offend human dignity
5.3 User Content
Berry is an App that encourages interaction between users in a positive and safe manner, so other users of Berry will also share content through the App. User Content is owned by the individual who posts the content, which is stored on our servers and shown through the App at the discretion of the individual providing the ‘User Content’.
Although Berry reserves the right to review and remove Content that violates this Agreement, we cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the App or via firstname.lastname@example.org.
You do not have any rights in relation to others User Content and we reserve the right to remove your Account if you misuse this’ information.
User Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998.
5.4 Berry Content
So, all that’s left is Berry Content, which you could probably guess belongs to us! All other Intellectual Property (IP) displayed on the App including but not limited to, text, imagery, trademarks and logos, sounds and content are owned, controlled or licensed by us and protected by copyright, trademark and other IP law rights.
Berry Corp Ltd grants you a non-exclusive, personal, limited, non-transferable, revocable license to access and use Berry Content, without the right to sublicense. This license is for the sole purpose of allowing you to enjoy the App and all its benefits as intended by Berry as permitted by our Terms. Therefore, you agree not to:
- comply with legal process;
- enforce this Agreement;
- respond to claims that Your Content violates the rights of third parties;
- respond to your requests for customer service; or
- protect the rights, property or personal safety of the Company or any other person.
Berry Corp Ltd may probe and take legal action against any unlawful deeds in relation to the App, which may also include the deletion of your account.
- use, sell, modify, transmit, create any secondary/derivative works from or reproduce Berry Content except as permitted by the functionality of the App;
- use metatags or other devices containing any reference to the App and its content (including but not limited to any trademark, trade name, service mark, logo or slogan of Berry);
- use the App or any content contained in the App for any commercial purposes without our written consent;
- use the App in any way that could interfere with, disrupt or negatively affect the App or the servers or networks connected to the App;
- use or develop any third-party Applications that interact with the App or User Content or information without our written consent;
- use, access, or publish the Berry Application programming interface without our written consent; and
- encourage or promote any activity that violates this Agreement
6. THIRD PARTY SERVICES
Some parts of the App may rely on and or/ work together with third party owned and/or operated platforms and services, and may also require you to register as a member of these Third Party Services, as well as provide certain account details and other information to access the App. An example is described in Section 2. YOUR ACCOUNT, where Facebook login details can be used to create a Berry account. By using the App, you agree to fully comply with all applicable terms, conditions or stipulations made effective by any of our third party affiliates publicly.
Advertisements and promotions may also be offered by third parties in the App, with links to their own online platforms or websites. Berry is not responsible or liable for:
If you choose to interact with a third party via our App, the party’s terms will govern their relationship with you. You acknowledge sole responsibility for and assume all risk arising from your use of any such online platforms or websites.
- accessibility or accuracy to these online platforms or websites; or
- the content or products and services made available from these online platforms or websites
- Provide maintenance/support with respect to the App
- Address any claims you or any third party has with regards to the App
7. PREMIUM SERVICES / IN APP PURCHASES
7.1 Third Party Software (TPS) store
To make your Berry experience as fruitful as possible, we may offer In-App Purchases and/or Premium Services for you to purchase for a fee via iTunes, Google Play or direct billing to Berry. Some Premium Services or In App purchases may be subject to one-time purchases as well as an auto-recurring periodic subscription.
If you decide to make an in-app purchase, you will be prompted to enter details for your applicable payment provider alongside your payment method, whether by card or a Third-Party Software account (e.g. iTunes, Google Play, etc.) This account can be otherwise referred to as your TPS account. Your selected payment method will be charged for the in-App purchase and/or Premium Service in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in-app purchases that apply to your TPS Account.
Please be aware that Premium Services or In App Purchases made on a subscription basis will automatically renew for an additional corresponding period, at the price you agreed to when subscribing (e.g., if you made an In-App Purchase for a monthly subscription, your subscription will be automatically renewed for an additional month continuously). If you do not want your subscription to renew automatically, or if you want to amend or stop your subscription, you will need to log in to your TPS account and follow the instructions to cancel your subscription. Deleting your account on Berry or deleting the App itself from your device will not terminate or cancel your subscription. If you choose to cancel your subscription, you can still use your subscription until the end of the existing subscription period, and it will not be renewed following the final day of the period. Berry will retain all funds charged to your TPS Account until you cancel your subscription through your TPS Account.
In all cases, we are not responsible and have no liability whatsoever for any payment processing errors (including card processing, identity verification, analysis and regulatory compliance) or fees or other service-related issues, including those issues that may arise from inaccurate account information, or products or goods you obtain through your Third Party Software store.
In most cases, charges for purchases are non-refundable, and there are no refunds for incompletely used subscriptions. We may make an exception if laws applicable in your jurisdiction provide for refunds.
If you reside within the EU or European Economic Area, in accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins (this period begins on the day the subscription starts).
If we remove your use of or registration to the App as a result of you violating these Terms, you will not be entitled to a refund of any unused portion of any fees, payments or other consideration.
Please note: Purchases of Virtual Items are FINAL AND NON-REFUNDABLE.
To request a refund, please contact us at email@example.com.
8. PUSH NOTIFICATIONS
To keep you updated with all things Berry, we may communicate with you via emails, push notifications or alerts as well as other messages related to the App and our Services, such as offers, products, events, improvements and general promotions.
After you download the App, you will be prompted with the option to accept or deny push notifications/alerts. Denying will stop you from receiving any push notifications and alerts. If you accept, they will be sent to you automatically. However, if you change your mind and no longer wish to receive the notifications, you will be able to opt out by amending your notification settings on the App.
Specific instructions will be included in other messages (e.g. emails, text messages), to unsubscribe/opt out of them.
You may wonder why all the text below is in capital letters. No need to panic, it’s just pretty important stuff!
BERRY CORP LTD PROVIDES THE APP, BERRY CONTENT AND USER CONTENT TO YOU “AS IS” AND “AS AVAILABLE” TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE APP, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
NO ADVICE OR INFORMATION, IN ANY FORM, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPLICITLY STATED IN THIS SECTION.
ADDITIONALLY, BERRY CORP LTD DOES NOT MAKE ANY WARRANTIES THAT THE APP WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, ANY DEFECTS OR FAULTS IN THE SERVICE WILL BE AMENDED, OR THAT ANY BERRY CONTENT, USER CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE APP WILL BE ACCURATE, CORRECT OR RELIABLE. ANY MATERIAL DOWNLOADED OR OTHERWISE ACQUIRED THROUGH USING THE APP IS DONE SO AT YOUR OWN DISCRETION AND RISK.
BERRY CORP LTD TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE APP. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND THIRD PARTIES. BERRY CORP LTD DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR LOOK INTO THEIR GENERAL BACKGROUND. WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER.
BERRY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME USING AVAILABLE PUBLIC RECORDS, WHICH YOU AGREE BERRY MAY DO.
10. LIMITATION OF LIABILITY
IN NO EVENT WILL BERRY, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM:
THIS WILL APPLY EVEN IF BERRY WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BERRY’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO BERRY FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT.
YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING FROM YOUR USE OF THE APP. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS STATED MAY NOT APPLY TO YOU.
THE LIMITATION OF LIABILITY AS DEFINED IN THESE TERMS IS A VITAL ELEMENT OF THE BASIS OF OUR RELATIONSHIP WITH YOU, REFLECTING AN EQUITABLE ALLOCATION OF RISK. THE APP WOULD NOT BE DISTRIBUTED FOR USE WITHOUT US DEFINING SUCH LIMITATIONS. YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS AS DEFINED IN THESE TERMS WILL HOLD REGARDLESS OF IF THEY ARE FOUND TO HAVE FAILED IN THEIR NECESSARY PURPOSE.
- YOUR ACCESS TO OR USE OF THE APP;
- THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH OR AFTER USE OF THE APP; OR
- UNPERMITTED ACCESS, USE OR MODIFICATION OF YOUR ACCOUNT OR CONTENT.
11. INDEMNITY BY YOU
We must stress that all actions you make as well as the content and information you upload to Berry remains your responsibility. Therefore, you agree to indemnify, defend, release and hold Berry, our partners, and their and our respective officers, directors, agents, and employees harmless from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including legal fees, due to, arising as a result of, or in relation to:
We hold the exclusive right to settle, negotiate and pay any and all claims which are brought against us without your consent beforehand. If we request, you will cooperate completely and reasonably as required by us in the defence of any relevant claim.
- your access to or use of the App;
- Your Content;
- any breach of this Agreement by you; and/or
- your violation of any law or any rights of any third party.
12. ENTIRE AGREEMENT; OTHER
12.1 Changes to the Agreement
We may make amendments to this Agreement and to our App on occasion, for a number of reasons including but not limited to:
12.2 The Agreement
- reflecting changes in requirements of the law
- reflecting changes in our business operations
- reflecting changes in features of the service
13. CONTACT US
If you have any questions or comments about this policy, please do not hesitate to contact us at firstname.lastname@example.org.
Berry Corp 20-22
Updated 20 September 2020