These terms of use ("Terms of Use") describe the terms and conditions under which use can be made of the mobile application ("the App") of My Little Plastic Footprint (MLPF).
The App is operated and managed by the Plastic Soup Foundation, Ocean Recovery, EA and Smäll (together: “MLPF” or “We”). If you have any questions about the App or these Terms of Use, please contact us via email.
The App allows a user to benefit from services in the licensed application that includes three modules:
Discover – By playing the quiz, you discover the extent of this environmental challenge we are facing.
Footprint – By pledging, and following up to that pledge, you can diminish your own plastic footprint.
Get Inspired – By following different Heroes you get inspired to reduce your own plastic footprint and go out to inspire others as well.
By accessing and using the App, you acknowledge that you have read and understood this agreement and that you accept and agree to be legally bound by the Terms of Use. If you do not agree to these terms, you should not access or use the App.
2.1 These Terms of Use apply to the use of the App.
2.2 By using the App (which also includes downloading and installing the App) you as user of the App ("User") accept these Terms of Use and our Privacy Policy.
2.3 These Terms of Use and our Privacy Policy can also be viewed, downloaded and printed via our website (www.mylittleplasticfootprint.org).
2.4 If the App uses services of third parties, also any terms and conditions and/or privacy and cookie policies of those third parties may apply. MLPF is not responsible for the services and the privacy and cookie policies of third parties. In case of any contradiction, these Terms of Use and our Privacy Policy prevails.
2.5 If participation in (promotional) campaigns is possible via the App, additional terms may apply. In so far as those additional terms are in conflict with these Terms of Use, these Terms of Use prevail.
2.6 MLPF may amend these Terms of Use from time to time.
3.1 The use of the App is for the account and at the risk of the User.
3.2 If the User is under 16 years old, he has to have the permission of his parent or his legal representative to use the App. By accepting these Terms of Use, you confirm and guarantee that you are 16 years or older, or have permission from your parents or representative.
3.3 After the User has downloaded the App, the User has to register via the App. To the processing of personal data via the App the Privacy Policy of MLPF applies. Only fully and truthfully completed registrations will be considered by MLPF. In case of any changes of personal data, the User has to inform MLPF immediately via email.
3.4 In order to be able to make use of the App, the User will for his own account have to provide the necessary equipment, system software, and (internet) connection.
3.5 If the User via the App can contribute information, data, images, video and/or audio clips and/or other content ("Contribution"), that Contribution must in no manner or way have any illegal or offensive (including sexist, pornographic, racist and/or discriminatory) content, or (otherwise) violate the privacy of third parties. The User guarantees that the Contribution via the App does not infringe any (intellectual property) rights of third parties, and indemnifies MLPF and holds MLPF harmless from and against any claims of third parties resulting from submitting a Contribution via the App.
3.6 By submitting a Contribution via the App, any intellectual property rights and/or similar rights regarding the Contribution ‑ in so far as those rights are vested in the User ‑ are transferred to MLPF, without MLPF owing the User any fee or compensation for that. In so far as for that transfer a further deed is required, the User will cooperate fully to that end at the first request of MLPF. In so far as the transfer of intellectual property rights and/or similar rights in respect of the Contribution of the User is not possible, the User herewith grants to MLPF an exclusive, perpetual, sublicensable and transferable license to use the Contribution. The User herewith towards MLPF waives any and all moral rights accruing to him, in so far as the applicable laws and regulations allow such waiver. By the transfer or licensing of your Contribution, MLPF is entitled to unrestricted use of the Contribution, and to (let others) commercially exploit the Contribution via any media and in any form, including via television programs, social media and websites.
4.1 MLPF grants the User a non‑exclusive, non‑sublicensable and non‑transferable license to use the App. The User is not allowed to use the App for commercial purposes.
4.2 You may not:
Modify, disassemble, decompile or reverse engineer the App’s software.
Rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App’s software to any third party or use the App’s software to provide time sharing or similar services to any third party.
Use the App for any non-personal and/or commercial purposes.
Make any copies of the App’s software or assemble infringing software.
Remove, circumvent, disable, damage or otherwise interfere with security-related features of the App’s software, features that prevent or restrict use or copying of any content accessible through the MLPF software, or features that enforce limitations on use of the App’s software.
Delete the copyright and other proprietary rights notices on the App’s software.
Use the App beyond your approved times, terms and conditions of usage.
4.3 To use the App you may have to:
Download and install new releases of the App’s software on your device and agree to the then-current Terms of Use; or
Accept alterations to Terms of Use to use the App.
4.4 MLPF owns or is licensed to use the intellectual property in and to the MLPF application, including all content, visual interfaces, information, graphics, design, compilation, computer code, products, and software. Nothing in these terms and conditions affects the ownership rights in this intellectual property.
4.5 All trademarks displayed on the App are owned by MLPF, its related bodies corporate or third-party licensors.
4.6 Except as expressly permitted by us, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create, derivate works from, or otherwise make use of MLPF or any part of the App except as permitted in these Terms of Use.
4.7 MLPF at all times has the right to adapt the App, to change or remove data or information, to deny the User the use of the App by terminating the license, to restrict the use of the App and/or to deny the User access to the App in full or in part, temporarily or permanently. MLPF will inform the User about that in the manner MLPF deems fit.
4.8 MLPF welcomes interaction, dialogue and collaboration related to the problem of plastic soup. Get in touch via email.
4.9 The User will always respect and observe the good name and reputation of MLPF, and ensure that his use of the App will in no way prejudice any rights and/or the good name and reputation of MLPF.
5.1 The App gives Users the opportunity to earn rewards, such as copies of artwork, photographs (“the Artwork”) that can be used as wallpaper on the device on which the App is installed.
5.2 All of the Artwork is copyrighted under copyright laws and is the property of MLPF and/or the individual artist (creators) of the Artwork. You may download the Artwork from the App solely for your own non-commercial use and for the use on the device on which the App is installed. Any other use, including but not limited to the reproduction (such as printing), distribution (such as sharing or uploading), display or transmission of the Artwork is strictly prohibited, unless authorized by MLPF.
6.1 Our App has been composed with the greatest care. However, MLPF cannot guarantee that the App will always be available or will always work without any interruptions, errors or defects, or that the information provided on the App is complete, correct and/or up‑to‑date. MLPF reserves the right temporarily or permanently to discontinue the App (unannounced), without the User being able to derive any rights therefrom.
6.2 MLPF is not liable for (the accuracy of) any information, Contributions and other materials or communications that Users or others post or provide via the App. MLPF reserves the right (unannounced) to remove any information, Contributions or other materials or statements that have been placed on the App.
6.3 MLPF is not liable for any damage or personal loss or injury resulting from any use of the App. The limitations of liability referred to in this Clause shall not apply if the liability for damage is caused by intent or gross negligence on the part of MLPF.
6.4 The User herewith indemnifies MLPF and holds MLPF harmless from and against any claims by third parties resulting from the use of the App, and the whether or not correct performance of legal and/or contractual obligations towards MLPF, any other users of the App or any third parties. The User will reimburse to MLPF any damages and costs suffered as a result of such claims.
The User may terminate the use of the App at any time by removing or uninstalling the App from his mobile device.
We may amend these terms and conditions from time to time without notice to you. You agree that these amendments will be binding between us and you shall in such case automatically be effective the day after they are initially posted on mylittleplasticfootprint.org. The Terms of Use set forth the entire understanding and agreement of the parties regarding the subject matter hereof, and replaces and supersedes all prior agreements or representations oral or written regarding its subject matter.
9.1 These Terms of Use are governed by Dutch law.
9.2 These Terms of Use do not prejudice your statutory rights as a consumer.
9.3 Any disputes regarding these Terms of Use will be submitted to the Court that has jurisdiction under Dutch law.
Version 0.01 Last updated on 16-10-2017
