Please read these terms and conditions carefully before using this application
Terms of application use
Other applicable terms
- Our End User Licence Agreement, which sets out the permitted uses and prohibited uses of our application, as well as the terms of the agreement entered into between us and our customers. When using our application, customers must comply with the End User Licence Agreement.
Information about us
Ibilive is an application operated by Telepresenza Limited (we). We are registered in England and Wales under company number 09830516 and have our registered office at c/o CREASEYS, BROCKBOURNE HOUSE, 77 MOUNT EPHRAIM, TUNBRIDGE WELLS, KENT, TN4 8BS, UNITED KINGDOM. Our main trading address is c/o CREASEYS, BROCKBOURNE HOUSE, 77 MOUNT EPHRAIM, TUNBRIDGE WELLS, KENT, TN4 8BS, UNITED KINGDOM. Our VAT number is 236 5823 94. We are a private company limited by shares.
Changes to these terms
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
Changes to our application
We may update our application from time to time, and may change the content at any time. However, please note that any of the content on our application may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our application, or any content on it, will be free from errors or omissions.
Accessing our application
We do not guarantee that our application, or any content on it, will always be available or be uninterrupted. Access to our application is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our application without notice. We will not be liable to you if for any reason our application is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our application.
Our application is directed to users worldwide. However, we do not represent that content available on or through our application is appropriate or available in all locations. We may limit the availability of our application or any service or product described on our application to any person or geographic area at any time.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at firstname.lastname@example.org.
Our Sites may, from time to time, contain links to and from the websites of our partner networks and affiliates. If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services.
Your account and password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our application, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our application for your personal use and you may draw the attention of others within your organisation to content posted on our application.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our application must always be acknowledged.
You must not use any part of the content on our application for commercial purposes without obtaining a licence to do so from us or our licensors.
No reliance on information
All content on our application is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our application.
Although we make reasonable efforts to update the information on our application, we make no representations, warranties or guarantees, whether express or implied, that the content on our application is accurate, complete or up-to-date.
Limitation of our liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our application or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- Use of, or inability to use, our application OR use of or reliance on any content displayed on our application.
- Loss of profits, sales, business or revenue.
- of anticipated savings.
- Loss of business opportunity, goodwill or reputation OR any indirect or consequential loss or damage.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your device, equipment, programs, data or other proprietary material due to your use of our application or to your downloading of any content on it, or on any application or website linked to it.
We assume no responsibility for the content of applications or websites linked on our application. Such links should not be interpreted as endorsement by us of those linked applications or websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the user’s status as a user under our End User Licence Agreement.
Uploading content to our application
Whenever you make use of a feature that allows you to upload content to our application, or to make contact with other users of our application, you must comply with the content and acceptable usage standards set out in our End User Licence Agreement.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our application will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our application constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our application.
We have the right to remove any content you upload to our application if, in our opinion, your content does not comply with the content and acceptable usage standards set out in our End User Licence Agreement.
The views expressed by other users on our application do not represent our views or values.
You are solely responsible for securing and backing up your content.
We do not guarantee that our application will be secure or free from bugs or viruses.
You are responsible for configuring your device, information technology, programmes and platform in order to access our application. You should use your own virus protection software.
You must not misuse our application by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our application or any server, computer or database connected to our application. You must not attack our application via a denial-of-service attack or a distributed denial-of service attack. Breaching this provision is a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our application will cease immediately.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer or device if you agree. Cookies contain information that is transferred to the hard drive of your computer or device.
We use the following cookies:
- Strictly necessary cookies. These are cookies that are required for the operation of our application. They include, for example, cookies that enable you to log into secure areas of our application or make use of e-commerce services.
- Analytical/performance cookies. These allow us to recognise and count the number of visitors and to see how visitors move around our application when they are using it. This helps us to improve the way our application works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognise you when you return to our application. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
You block cookies by activating the setting that allow you to refuse the setting of all or some cookies. However, if you use block all cookies (including essential cookies) you may not be able to access all or parts of our application.
Except for essential cookies, all cookies will expire after 15 May 2017.
Ibilive is a trade mark of Telepresenza Limited.
To contact us, please email firstname.lastname@example.org.
Thank you for using our application.
End-user licence agreement
Please read carefully before downloading or streaming the app from this website.
This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and TELEPRESENZA LTD c/o CREASEYS, BROCKBOURNE HOUSE, 77 MOUNT EPHRAIM, TUNBRIDGE WELLS, KENT, TN4 8BS, UNITED KINGDOM (Licensor, us or we) for the IBILIVE mobile application software (App).
We license use of the App to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator (including the Apple App Store and the Google Play store) (Appstore) from whose site the End-user downloaded the App (Appstore Rules). We do not sell the App to you. We remain the owners of the App at all times.
Operating system requirements
THIS APP REQUIRES AN IOS (minimum version 8.0) or ANDROID (minimum version 4.1) AND INTERNET ACCESS. THIS APP CAN ALSO BE ACCESSED IN “CUSTOMER MODE” ON THE CROME AND FIREFOX WEB BROWERS.
- IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, WE WILL NOT LICENSE THE APP TO YOU, YOU WILL NOT BE ABLE TO COMPLETE THE SIGN-UP PROCESS AND IT WILL NOT BE POSSIBLE FOR YOU TO USE THE APP.
You should print a copy of this EULA for future reference.
- The terms of this EULA apply to the App and to the services accessible through the App (Services), including any updates or supplements to the App or the Services, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or the Services, the terms of an open-source licence may override some of the terms of this EULA.
- We may change these terms at any time by sending you an SMS with details of the change or notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
- From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
- You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 2.2 (Devices) and to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or the Services on or in relation to any Device, whether or not it is owned by you.
- Certain Services, will make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, processing and use of your location data. You may withdraw this consent at any time by turning off the location services settings.
- Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
Grant and scope of license
- You may download a copy of the App onto the Devices and view, use and display the App on the Devices for your personal purposes only.
- You may access the Services through the App:
(in either case, an Individual User); or
- (a) as a customer user, whereby you request an on-demand live video connection with another user;
- (b) as a non-professional service provider user, who has not been subject to any background checks undertaken by us, whereby you provide an on-demand live video connection to another user upon request,
as a professional service provider user, who has been subject to certain background checks undertaken by us, whereby you provide an on-demand live video connection to another user upon request (a Business User).
- The Services accessible through the App allow you to initiate an on-demand live video connections with another user of the App using geo-location technology. Where a user requests an on-demand live video connection with another user, the user requesting the connection may direct the other user to a chosen location allowing a live virtual presence in that location.
- You may request an on-demand live video connection with another user in three ways:
- Via a post published by that other user appearing on the “Discovery” page on the App;
- Via a location-based crowd request sent to all users appearing on the “Map” page on the App; or
- Via your network list on the App.
- We may amend or withdraw the App from any or all users for any reason and at any time.
Services (Individual Users)
- If you register as an Individual User, you will be required to provide the following information upon registration:
- A nickname of your choice; and
- A picture of your choice,
and you may also choose to provide the following information upon registration:
- Your age;
- Your gender;
- Your city;
- Your profession;
- Other information including reference links and search tags.
- If you are an Individual User, you may not request a recording of any on-demand live video connection with any other user and recordings of on-demand live video connections between Individual Users can never be recorded.
Services (Business Users)
- 5.1(a) If you register as a Business User, you will be required to provide the following information upon registration, which will be verified and approved by us before your registration as a Business User is complete:
- (i) Trading name
- (ii) Person in charge of the account
- (iii) Industry/category of the business
- (iv) City
- (v) Telephone number
- ((b) If you are a Business User, you may request a recording of any on-demand live video connection with another user (Recording), which will be verified and approved by us for compliance with the Terms of Service before release.
- ((c) If a Business User requests a Recording, the relevant Individual User will have the option to give or withhold consent to the Recording being released. Customer Users may negotiate a higher price for the Services where Recordings are requested by Business Users.
- 5.2. Pricing, payment and VAT
- 5.3 There are no fees for initiating an on-demand live video connection with another user. However, fees may be negotiated and agreed between parties on an ad hoc basis after the connection has been made.
- 5.4 If a user requests an on-demand live video connection with another user, the user requesting the connection sets a time limit within which the request may be accepted or rejected by the other user. If the other user is willing to accept the request, that user proposes a price for the user requesting the connection to accept or reject. If the Services are not delivered the user requesting the connection may report the abuse and the payment will be stopped. At the end of the connection, the user requesting the connection may rate and review the other user.
- 5.5 Payment may be made via the App using PayPal or any credit card. If a user earns credits in the App by providing the Services to other users, those credits will be used before any charge is applied via PayPal or any credit card. Earned credits may be withdrawn as cash via the “Payments and Credit” page on the App. Promotional credits may not be withdrawn as cash and must be spent within the App.
- 5.6 The Ibilive services charges are available at www.ibilive.com/prices (all service charges are stated exclusive of VAT which shall be paid at the rate and from time to time in the manner prescribed by law).
- 5.7 If any payment made under or in accordance with this agreement or the Services constitutes the whole or any part of the consideration for a taxable or deemed taxable supply of goods or services, the fee or service charge (as the case may be) may be increased by an amount equal to the VAT which is chargeable in respect of the taxable or deemed taxable supply, provided that a valid VAT invoice shall have been delivered in respect of such VAT.
- 5.8 This EULA will not affect any agreement entered into between you and your mobile network provider (including any payment obligations) and any such agreement will continue to apply when you access the App through your mobile network.
- Except as expressly set out in this EULA or as permitted by any local law, you agree:
- (a) not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
- (b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
- (c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
- (d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
- (i) is used only for the purpose of achieving inter-operability of the App with another software program;
- (ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
- (iii) is not used to create any software that is substantially similar to the App;
- (e) to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
- (f) to include our copyright notice on all entire and partial copies you make of the App on any medium;
- (g) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
- (h) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or the Services (Technology),
- together Licence Restrictions.
Acceptable use restrictions
- You must:
- (a) not use the App or the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, the Services or any operating system;
- (b) not infringe our intellectual property rights or those of any third party in relation to your use of the App or the Services (to the extent that such use is not licensed by this EULA);
- (c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or the Services (including, without limitation, the transmission of any illicit, violent or pornographic material, the transmission of material containing children under 14 years of age, the transmission of material in violation of privacy laws);
- (d) not use the App or the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- (e) not collect or harvest any information or data from the Services or our systems or attempt to decipher any transmissions to or from the servers running the Services.
- together Acceptable Use Restrictions.
Intellectual property rights
- 8.1 You acknowledge and agree that all intellectual property rights in the App and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with the terms of this EULA.
- 8.2 You acknowledge and agree that all intellectual property rights arising in relation to the Services anywhere in the world belong to us, and that you have no rights in, or to, any materials created in relation to or arising out of the Services.
- 8.3 Notwithstanding clause 9.2, you acknowledge and agree that all intellectual property rights arising in relation to any Recording anywhere in the world, shall, subject to the payment of all applicable fees and charges and subject to all relevant consents being obtained, belong to the Business User requesting the Recording.
- 8.4 You acknowledge that you have no right to have access to the App in source-code form.
Limitation of liability
- 9.1 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.
- 9.2 You may use the App for commercial purposes, but we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- 9.3 Except as expressly provided in this EULA, to the extent possible, we offer the App as-is and as-available, and we make no representations or warranties of any kind concerning the App, the Services or any Recording, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable.
- 9.4 Except as expressly provided in this EULA, to the extent possible, in no event will we be liable to you on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this EULA or use of the App, even if we have been advised of the possibility of such losses, costs, expenses, or damages.
- 9.5 Except as expressly provided in this EULA, the disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.
- 9.6 Nothing in this EULA shall limit or exclude our liability for:
- (a) death or personal injury resulting from our negligence;
- (b) fraud or fraudulent misrepresentation; and
- (c) any other liability that cannot be excluded or limited by English law.
- 10.1 We may terminate this EULA immediately at any time by giving notice to in writing to you:
- (a) without cause; or <
- (b) if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; or
- (c) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
- 10.2 On termination for any reason:
- (a) all rights granted to you under this EULA shall cease;
- (b) you must immediately cease all activities authorised by this EULA, including your use of the Services;
- (c) you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so; and
- (d) we may remotely access the Devices and remove the App from all of them and cease providing you with access to the Services and the Appstore.
Communication between us
- 11.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to TELEPRESENZA LTD c/o CREASEYS, BROCKBOURNE HOUSE, 77 MOUNT EPHRAIM, TUNBRIDGE WELLS, KENT, TN4 8BS, UNITED KINGDOM and email@example.com. We will confirm receipt of this by contacting you in writing, normally by e-mail.
- 11.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App.
Events outside our control
- 12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
- 12.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
- (a) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
- (b) we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
Other important terms
- 13.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
- 13.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
- 13.3 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- 13.4 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- 13.5 Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.
This agreement has been entered into on the date stated at the beginning of it.