This agreement is between you and Litter Aware Limited, who are the company behind the LitterLotto mobile application. (LitterLotto, us, our or we). Please read the following terms and conditions carefully before using the service.

These terms, along with the Privacy Policy, set out important information regarding your rights and obligations in connection with the LitterLotto mobile application (the App) and and any related interactive, supplemental and informational services made available to you as a consumer (Services) on any media platform (as described below) (together, the Application and Services are called the Platform).

Please read them carefully before using the Platform as your access to and use of the Platform requires your compliance with and agreement of these Terms. By downloading the App, or accessing and/or using any part of the Platform, you agree to be bound by this Agreement. If there is anything in this Agreement which you don’t understand, please contact us at [email protected] and we will try to answer your questions.

If you do not agree with any of the Terms, do not continue to use the Platform, create a User Account, or enter any Competitions.

What we do

We operate the Platform in accordance with these Terms which allows you to win Prizes and earn Rewards for disposing of waste responsibly. Other rewards and offers may also be available from our Partners from time to time.

You are able to collect Rewards and win Prizes in accordance with these Terms by simply taking a photo within the App of you disposing of litter responsibly.

Registration

You are only allowed to have one Account.

The Platform is not intended for use by children under the age of 13. If you are under the age of 13 you must not use the Platform. If we discover that any such use is taking place we will immediately terminate any relevant user account(s) facilitating such use.

If you are below the age of 16, you must have obtained the consent of your parent or legal guardian to your use of the Platform.

If you are located in an Excluded Territory, you are not permitted to create an account.

You will need to provide certain information when opening an Account to help us establish whether or not you are eligible. This information may include, for example, your name, address, date of birth, phone number and email address. LitterLotto reserves the right to carry out checks to establish the above and to verify (or ask an authentication agency to carry out checks to verify) your age and identity and any other details provided (for example your bank account details), and to ask you for further documentation to verify the same.

We may also request further information from you or carry out checks after you have opened an Account, to ensure that you still meet the criteria set out in this section.

In the event you win a Prize, we reserve the right to carry out further checks to prevent fraud. This may include verification of identity documents and other relevant checks.

If we subsequently discover that you were not or are no longer eligible to open, hold and use an Account, We reserve the right to take all appropriate steps in relation to you and your Account (including, without limitation, suspending or terminating your Account and investigating any security issues).

We will not be liable to pay a Prize to anyone that does not meet the criteria set out in this section and may (at our discretion) refuse to pay a Prize to anyone that has more than one Account. If a Prize is paid to anyone who does not meet those criteria, that person will be required to repay the Prize immediately if we request it.

Content

For purposes of these Terms of Use, the term "Content" includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).

User Content

All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You retain ownership of any and all User Content created and/or uploaded by you. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.

Notices and Restrictions

The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

Use License.

Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content (other than your User Content) for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content (other than your User Content) for commercial use or in any way that violates any third party right.

License Grant.

By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, manipulate, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the App, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the App or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. For the sake of clarity, to the extent any User Content you submit includes your name, likeness, voice, video, or photograph, you acknowledge and agree that the foregoing license shall apply to the same.

You also hereby do and shall grant each user of the App and/or the Services a non-exclusive, perpetual license to access your User Content through the App and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services. For clarity, the foregoing license granted to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

Availability of Content.

We do not guarantee that any Content will be made available on the App or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify or otherwise manipulate any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms), or for no reason at all and (ii) to remove or block any Content from the Services.

Rules of Conduct

As a condition of use, you agree not to use the Platform for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Platform. Violation of our rules may result in the termination and cancellation of your Account and forfeiture of your winnings. You acknowledge and agree that we may terminate any Account at any time for any reason (including, but not limited to, our independent assessment or the receipt of claims or allegations from third parties or authorities).

By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Platform, including without limitation any User Content, that:

  1. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty

  2. uses the Platform for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;

  3. uses algorithms, or any other automated technological means to interpret, analyze, research, or gain information about a question or submit an answer to a question;

  4. you know is false, misleading, untruthful or inaccurate, including, but not limited to, providing inaccurate contact or Account information;

  5. illicitly acquiring benefits by providing inaccurate information, buying or selling such benefits, creating multiple accounts, or other means;

  6. results in the creation or operation of multiple user accounts;

  7. logs an Account into multiple devices simultaneously;

  8. logs an Account into more than five different devices over the course of the history of the Account;

  9. logs multiple Accounts into a single device over the course of the history of any of the Accounts;

  10. enters you into a contest for which you are not eligible, whether by multi-accounting, providing misleading information, masking or altering your IP address or geo-location, or other means;

  11. results in the sale or transfer of your Account;

  12. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, otherwise violates any law or right of any third party, or is otherwise inappropriate as determined by us in our sole discretion;

  13. constitutes unauthorized or unsolicited advertising, junk or bulk email ("spamming");

  14. contains software viruses or any other computer codes, files, content, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;

  15. is designed or intended to obtain password, Account, or private information from any LitterLotto user;

  16. impersonates any person or entity, including any of our employees, representatives, or users;

  17. promotes or links to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content; or

  18. includes identification documents or sensitive financial information relating to a third party.

Third-Party Services.

The Services may permit you to link to or otherwise access other websites, services or resources on your device and the Internet, and other websites, services or resources may contain links to or be accessed by the Services or the App.

These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link or access does not imply our endorsement or any association between us and their operators.

You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

Location-Based Services.

We may offer features that are based on the location of users and which may report on the locations of those users as they use the Services (the "Location-Based Services"). You may partake in using these Location-Based Services solely at your own discretion, and may opt out of providing such information by turning off those features. Should you use Location-Based Services, you are consenting to our collection and dissemination of your location information through the Services.

Under no circumstances shall we be liable for claims or damages therefrom arising out of your informed decision to disseminate your location information through the Service.

Termination.

We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Services.

If you wish to terminate your Account, you may do so by removing the App from your device and following the instructions on the App or through the Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty.

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:

  • which users gain access to the Services;

  • what Content you access via the Services; or

  • how you may interpret or use the Content.

You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.

THE SERVICES AND CONTENT ARE PROVIDED "AS IS", “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

Indemnification

You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable legal fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

iOS App Terms

The following terms also apply where you acquire our Application from the iTunes Store (iTunes-Sourced Software):

  • You acknowledge and agree that our Terms are solely between you and us and not Apple Inc (Apple) and that Apple has no responsibility for the iTunes-Sourced Software or content whatsoever

  • Your use of the iTunes Software must comply with the Apple app store Terms of Service

  • You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software

  • In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will (if applicable) refund the purchase price for the iTunes-Sourced Software to you (to the maximum extent permitted by applicable law). Apple will have no other obligation or liability whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to LitterLotto as the provider of the iTunes-Sourced Software.

  • You acknowledge that Apple is not responsible for addressing any claims you or any third party have relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software and all such claims are governed solely by these Terms and any law applicable to LitterLotto.

  • You and LitterLotto acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms and have the right to rely on these Terms as it relates to your license of the iTunes-Sourced Software.

  • You agree that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and you are not listed on any U.S. Government list of prohibited or restricted parties.

Android App Terms

The following terms also apply where you acquire our Application from the Google Play Store (Google Play-Sourced Software):

  • You acknowledge and agree that our Terms are solely between you and us and not Google Inc (Google) and that Google has no responsibility for the Google Play-Sourced Software or content whatsoever

  • Your use of the GooglePlay-Sourced Software must comply with the Google Play app store Terms of Service

  • You acknowledge that Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Google Play-Sourced Software

  • In the event of any failure of the Google Play-Sourced Software to conform to any applicable warranty, you may notify Google, and Google will (if applicable) refund the purchase price for the Google Play-Sourced Software to you (to the maximum extent permitted by applicable law). Google will have no other obligation or liability whatsoever with respect to the Google Play-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to us as the provider of the Google Play-Sourced Software.

  • You acknowledge that Google is not responsible for addressing any claims you or any third party have relating to the Google Play-Sourced Software or your possession and/or use of the Google Play-Sourced Software and all such claims are governed solely by these Terms and any law applicable to LitterLotto.

  • You and LitterLotto acknowledge and agree that Google and Google’s subsidiaries are third party beneficiaries of these Terms and have the right to rely on these Terms as it relates to your license of the Google Play-Sourced Software.

  • You agree that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and you are not listed on any U.S. Government list of prohibited or restricted parties.

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