14.2 To use District, you will create a profile. You can manage the public display of your profile within District, and we will respect your chosen settings. You acknowledge that if your profile is completely private, there may be some aspects of District that you cannot use.
14.3 We may also collect certain usage statistics relating to your use of District, including but not limited to version numbers of software and statistical information on how the features in the app are being used. This information is completely anonymised.
14.4 Our automated systems analyse your use of District, including your content, to provide you with products and services that may be personally relevant to you.
15. CHANGES TO DISTRICT
15.1 We will notify you of available updates to District via the App Store and/or on our website.
15.2 You acknowledge that if you do not install updates to District promptly the functionality and security of District may be affected.
15.3 You agree District Tech may stop (permanently or temporarily) making available District (or any components of it) to you or to end users generally, at our sole discretion, without prior notice to you.
16.1 Your access to District or products or services accessed through it may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
17. DISTRICT SUPPORT
17.1 District Tech will use reasonable endeavours to provide technical or other support for District. Any support which District Tech provides will be limited to the then current release of District and the release before that as determined by District Tech.
17.2 If District Tech chooses to provide any technical or other support to you, you agree that with respect to any technical or other information that you provide to District Tech, District Tech has an unrestricted right to use such information for its business purposes, including for marketing, support and development.
18. INTELLECTUAL PROPERTY
18.1 District is protected by copyright, trade marks, database right and other intellectual property rights, some of which are owned by District Tech and some of which are licensed to us from third parties. Except as required to use District or otherwise permitted by law, you may not reproduce, modify, copy or distribute or use for commercial purposes any of the code or content of District without written permission from District Tech or its licensors.
18.2 Some parts of District may contain open source software, and be subject to the applicable open source software licence. There may be provisions in an open source licence that override these Terms.
18.3 Nothing in these Terms gives you a right to use any of District Tech’s trade names, trade marks, service marks, logos, domain names, or other distinctive brand features.
18.4 You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be contained in District.
19. THIRD PARTY CONTENT
19.1 District may display content that is not District Tech’s. This content is the sole responsibility of the person that makes it available. We may review content to determine if it meets our requirements for District, but we don’t review all such content. We may choose to remove such content at our discretion.
20. UPLOADED CONTENT
20.1 District allows you to upload content, for example to build your profile. We do not control or review your upload, but we do reserve the right to delete, move and edit any content submitted by you.
20.2 You are solely responsible for content you upload to District.
20.3 When you upload, submit, store, send or receive content through District, you give us (and those we work with) a worldwide licence to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations, or other changes we make so that your content works with District), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this licence are for the limited purpose of operating, promoting, and improving District, and to develop new products and services. This licence continues even if you stop using District.
20.4 District also contains content uploaded by other users over which District Tech has no control. We have asked all users to follow these Terms but cannot guarantee the accuracy, integrity or quality of their content.
21. RIGHT TO SUSPEND OR END YOUR USE OF DISTRICT
21.1 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms.
21.2 We may also suspend or cancel your registration where we reasonably believe that you are in breach of these Terms, or that there is a risk of harm to us, the District Platform, the Building Manager, other users or third parties.
22. RESPONSIBILITIES AND LIMITATIONS
22.1 District Tech tries to provide District with a reasonable level of skill and care. However, there are certain things that District Tech cannot promise, as described below.
22.2 Except as expressly set out in the Terms, neither District Tech nor its suppliers, distributors, or investors, make any specific promises about District or any products or services available through it.
22.3 District Tech will use a reasonable level of skill and care to try to ensure its own content within the app is correct, but it does not make any warranties or guarantees in relation to that content.
22.4 You acknowledge that software can never be really totally free from bugs and security vulnerabilities. District Tech does not warrant that use of District will be secure, accurate, uninterrupted or error free or that it will meet your specific requirements. District Tech provides the app “as is” and “as available”.
22.5 You understand that all third party data, products and services you may access through District are the sole responsibility of the person, company or organisation from which they originated. District Tech is not responsible to you for them.
22.6 District may include links to third party websites and/or apps which are beyond our control. District Tech is not responsible for any data, products or services available outside of District.
22.7 Part of District may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that their material complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
22.8 Some countries provide for certain warranties, such as the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, District Tech excludes all such warranties.
22.9 If we are in breach of these Terms, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you downloaded District. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.
22.10 This section 22 shall not limit or affect our liability if something we do negligently causes death or personal injury or for any other liability which by law cannot be excluded or limited.
23. DISPUTED AND APPLICABLE LAW
23.1 These Terms will be subject to the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the United Kingdom.
24. INTERNATIONAL LAW
24.1 We make no promise that materials on District are appropriate or available for use in locations outside the United Kingdom, and accessing District from territories where its contents are illegal or unlawful is prohibited. If you choose to use District from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
25. NON-CONSUMER USE OF DISTRICT
25.1 If you use District not as a consumer but on behalf of a business or other organisation (for example, you are a Customer), that business or organisation accepts the obligations in these Terms, including this section.
25.2 To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless District Tech, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable lawyer fees) arising out of or accruing from your use of District in breach of these Terms or any applicable law.
25.3 District Tech will be entitled, at its expense, to participate in the defence and settlement of the claim or action with lawyers of its own choosing. You may not settle any claims that limit District Tech’s rights without District Tech’s prior written consent (which will not be unreasonably withheld).
25.4 This section does not apply to non-business consumer users of District.
26.1 Sections 8, 10, 13,18, 20, and 22 to 26, will survive the termination of these Terms along with any other term which by its nature is intended to survive.
26.2 You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these Terms to another business where we reasonably believe your rights will not be affected.
26.3 If you breach these Terms and District Tech chooses to ignore this, District Tech may still use its rights and remedies at a later date, or in any other situation where you breach the Terms. No waiver by District Tech is effective unless made in writing and signed by the CEO.
26.4 These Terms, including the Acceptable Use Policy, will be enforced to the fullest extent permitted by law.
26.5 District Tech shall not be responsible for any breach of these Terms caused by circumstances beyond its reasonable control.
26.7 District is owned and operated by District Technologies Limited, 59 Dalston Lane, London E8 2NG.