“CHORUS” iOS App: Terms & Conditions of Use

IN ORDER TO POST CONTENT YOU MUST INDICATE YOUR AGREEMENT TO THESE TERMS BY CLICKING ON THE POP-UP “ACCEPT” BUTTON WHEN PROMPTED. IF YOU DO NOT AGREE TO THESE TERMS, YOU WILL NOT BE ABLE TO USE THE APP.

Who we are

We, Talking Places Limited of Eden House, Reynolds Road, Beaconsfield HP9 2FL license you (User) to use:

The CHORUS mobile application software (the App), the data supplied with the software, and any updates or supplements to it.

The service you connect to via the App and the content we provide to you through it (the Service).

What we do

CHORUS is a new iOS location-based application that allows Users to connect with other Users and places based on their shared interests and their whereabouts at a specific point in time. CHORUS allows you to post content, including photos, comments, links and other information concerning local social, retail, dining, entertainment, sporting and cultural activities (User Content). CHORUS also allows local businesses the option of using the networking ability of the App to promote special events and offers, interconnecting them with the community and enhancing customer visibility and footfall.

Your Privacy

Under the Data Protection Act 2018, we are obliged to provide you with certain information about who we are, how we process your personal data, for what purposes, and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy and we recommend that you download and store a copy of this notice for future reference.

Please be aware that online transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Who Can Use Chorus

Chorus is an open and inclusive community platform. To ensure that it is safe, secure, and in accordance with the law, users of Chorus must commit to the following:

User Content

The following principles apply to your use of the App:

Posting User Content

There are two main ways to add Content on CHORUS: Posts and Stories.

Posts

A Post is the short-form content type within Chorus App. These posts exist for a limited period of time, dependent on their popularity. A time limit on the post can also be set by the original publisher.

Posts can contain:

Stories

Stories are longer-form pieces of material that contain 150-300 words and 2-3 images. Before stories may be published, they must be verified by the Chorus team.

Stories can contain:

  • Location of the featured establishment (exact or generalised)

  • 2-3 images

  • Written summary of 150 words minimum

  • Links to other Businesses

  • Related categories

  • Web links

    Stories can be submitted within the Chorus App, or from the Chorus Voices web interface.

    All images submitted within Stories must be high quality and either created by the author, have a copyright belonging to the author, or be stock-free/free for editorial and commercial use. The author will be exclusively held responsible for any copyright infringements.

    All Stories are reviewed and approved by the Chorus App editorial team before they are published.

    By posting Public Content via CHORUS, you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Public Content in any and all media or distribution methods (now known or later developed). This licence authorises us to make Public Content available to all Users of CHORUS, irrespective of location, and to let others do the same. This use of Public Content may be made without payment of compensation with respect to the Public Content that you submit, post, transmit or otherwise make available through the Service.

    Business Accounts

    A Business account is a user type on CHORUS created for businesses to employ.

    Within each Business account is the ability to provide business-specific details such as the Business Name, Logo, Tagline, Description of business activity, Location, Website, Contact details and Social media links.

    Business accounts receive exclusive access to publish Offers and Spend-To-Save Offers, a CHORUS pay-it-forward scheme, with 0% commission taken by CHORUS.

    Business accounts will also receive exclusive access to shopping data for their local area.

    A Business account is a subscription-based service. For prices relevant to specific territories, please refer to the app or visit the CHORUS website.

    Business account subscription payments are taken via the Apple App Store and the standard Apple App Store subscription policies apply, including the ability to cancel a subscription at any time.

    If the subscription to a Business account is cancelled, the account becomes inactive and content can no longer be added to CHORUS from that account. However, none of the content published prior to subscription cancellation will be deleted, and the account can be reactivated at any time by resuming subscription payments.

    A single user can have multiple Business accounts if desired.

    Founding Members (Lifetime Membership)

    Founding Members are a limited number of invite-only Business accounts eligible for a free lifetime membership.

    For Founding Member to maintain their business account, they must make sure that they have live content on the platform by posting on a regular basis, i.e. around every 14 days.

    We reserve the right to cancel any Founding Member accounts at any time, either for the account not being kept active or for not abiding by the rules setup within this document without being held liable in any form.

    If a Founding Member account becomes inactive, it will revert to Business account status and can only be reactivated via a Business account subscription.

    Chorus Voices

    The Chorus Voices are verified content creators on CHORUS. These accounts receive exclusive access to the Chorus Voices dashboard and the ability to write and submit longer-form Story posts, including multiple images, links, and more.

    Chorus Voices are encouraged to regularly write about small businesses in their local area, with popular Stories being featured on the What’s Trending tab.

    In order to become a member of the Chorus Voices, users must apply through the Chorus app, alongside submitting their first Story for review.

    By applying to become a member of the Chorus Voices, users acknowledge that their information will be held by Chorus App for processing. A user’s email address is required for communications regarding the application to become a Chorus Voice, and subsequent notifications relating to Chorus Voice posts. Users’ email addresses will subsequently be linked to the Chorus App account they apply with.

    For successful applicants, the Chorus App account they applied with will be upgraded to a Chorus Voice account, with a verified badge and access to the Chorus Voices dashboard. All successful Chorus Voice applications will have their Story post published for the designated local area.

    All data included on unsuccessful applications will be destroyed 30 days after rejection.

    Chorus App reserves the right to review, approve, verify, and remove Chorus Voices members as we see fit.

    Competitions

    CHORUS may run competitions and giveaways from time to time.

    All competitions will be run and governed by specific rules, as clearly set out with each iteration. Not all user types are eligible for all competitions; please refer to each specific competition rules for more details. For all competitions, entry is taken to be express agreement to all competition rules by participants.

    CHORUS reserves the right to promote its competitions, all approved entries, and the winning entries on all forms of media, at any time, from the start date onwards.

    All CHORUS users are eligible to enter CHORUS competitions, with the exception of individuals involved in judging the entries, existing Chorus Voices members, employees of Chorus App, and their immediate families.

    All entry submissions linked to competitions become property of CHORUS, however unsuccessful entries will remain unpublished and will be destroyed 30 days after the specific competition has closed and winning entrants have been notified.

    The author of competition entries retains the copyright to their submissions, but grants Chorus App use and publication upon submission, with no restrictions whatsoever.

    CHORUS, its partners, and sponsors, shall not be liable for any loss or damage or for any personal injury sustained as a result of entering competitions.

    CHORUS reserves the right to close or cancel any competition at anytime with no prior notice and will not be liable in any way for doing so.

    Fair Use Policy

    • You must be over seventeen years of age to use the App.
    • You represent and warrant that you have obtained all rights, consents, permissions, power and/or authority necessary to publish any User Content you make available via the Service, and that all such User Content is reasonably accurate as to its description and location.
    • Please respect other members of the CHORUS community and be conscious of what other Users may find offensive. We will not tolerate use of the App to promote terrorism, violence or harming others, promotion or glorification of self-harm, adult content, violent content, threatening behaviour, hate speech, bigotry, or racism or sexism of any kind.
    • You must not use the App or the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, the Service or any operating system.
    • You must not infringe our intellectual property rights or those of any third party in relation to your use of the App or the Service, including by the submission of any Public Content.
    • You must not transmit any User Content which is defamatory, offensive or otherwise objectionable in relation to your use of the App or the Service.
    • We reserve the right to remove any User Content without notice if we have reason to believe it breaches our Fair Use Policy or any other provision of these terms.

    Processing of Technical and Location Data

    By using the App and the Service, you agree to our collection and use of technical information about the devices you use the App with and related software, hardware and peripherals to improve the performance of the App and the User experience.

    The use and sharing of location data is an essential part of the functionality of the App. Your access and use of the App and the Service constitutes your acknowledgement that we will make use of location data sent from your devices. For as long as you make use of the App, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data submitted to use with User Content and in order to provide and refine location-based data provided to other Users. Although you may stop us collecting location data at any time by disabling the location service settings on your devices, the functionality of the App will be impaired and you may be restricted from posting location-based User Content.

    Third Party Websites and Services

    The App may feature links to third party websites, advertisers, services, special offers or other events or activities that are not owned or controlled by CHORUS. We do not endorse or assume any responsibility for any such sites, or information materials, products or services offered by them. You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them, and if you choose to do so it will be at your own risk.

    Getting in Touch

    We value receiving feedback from our Users, and are always interested in learning about ways we can make CHORUS better.

    If you think the App or the Service are faulty or incorrectly described, if you want to suggest improvements, or you wish contact us for any other reason please email our customer service team at Chorus Support. If we have to contact you we will do so by email or by SMS, using the contact details you have provided to us on registration.

    If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you.

    Updates

    From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.

    If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Service.

    Intellectual Property Rights

    All intellectual property rights in the App, the Documentation and the Service throughout the world belong to us [(or our licensors)] and the rights in the App and the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Service other than the right to use them in accordance with these terms.

    Our Liability

    We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

    When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

    We are not liable for business losses. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

    Limitations to the App and the Service. The App and the Service are provided for general information and entertainment purposes only. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

    We are not responsible for events outside our control. If our provision of the Service or support for the App or the Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays or losses caused by the event.

    Apple AppStore’s Terms apply

    The ways in which you can use the App and the Service are also subject to the Apple AppStore’s rules and policies in the United Kingdom [LINK], and these rules and policies will apply instead of these terms to the extent of any conflict between the two.

    Terminating this Licence

    You may terminate this licence and end your account with CHORUS at any time by permanently deleting the App from your devices and any attachments uploaded with it. Within a reasonable time thereafter, all your User Content will be deleted from our servers and it will not be available to other Users, subject to any location-based information or promotional material published prior to termination, which will remain available to Users for the timeframe provided elsewhere in these terms.

    We may terminate this licence and your rights to use the App and Service at any time for any reason by notice in writing via email.

    If we end your rights to use the App and the Service:

    You must stop all activities authorised by these terms, including your use of the App and the Service.

    You must irretrievably delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.

    We also reserve the right to notify the appropriate law enforcement agencies or the police in the event of any breach of our Fair Use Policy which amounts to an illegal act.

    No Rights of Third Parties

    This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

    Changes to these Terms

    We may need to change these terms to reflect changes in the law or to reflect additional features which we introduce in the future. Any changes to these terms will be notified via our website [INSERT] and will come into effect the next time you log on to the App. Your continued use of the App will be treated as your acceptance of the revised terms.

    Law and Jurisdiction

    These terms are governed by the laws of England and Wales and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.