Website Terms of Use and Member Terms

THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE WEBSITE, WWW.DUBBLE.ME (THE “SITE”) AND THE DUBBLE APP (“APP”) AND YOUR RELATIONSHIP WITH DUBBLE PHOTOS LIMITED (“WE”, “US” OR “DUBBLE”). PLEASE READ THEM CAREFULLY AS THEY AFFECT YOUR RIGHTS AND LIABILITIES UNDER THE LAW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER AS A MEMBER OR USE THE SITE OR APP. PLEASE ALSO SEE OUR PRIVACY AND DATA PROTECTION POLICY FOR INFORMATION ABOUT HOW WE COLLECT AND USE YOUR PERSONAL DATA.

Introduction

The Site and App allow registered members to contribute photographs, images and other content (“Images”) and interact with other registered members and their Images.

These terms will apply to registered members and those who simply view the Site ("you").

By using the Site and App, you agree to be bound by these Terms and Conditions.

You are responsible for ensuring that all persons who access our Site through your internet connection or the App through your smart phone, tablet or other device are aware of these Terms and Conditions, and that they comply with them.

Please note that these terms and conditions may be amended from time to time. Notification of any changes will be made via the e-mail address provided by you on registration (if applicable) or by us posting new terms onto the Site and making them available through the App. In continuing to use the Site and App you confirm that you accept the then current terms and conditions in full at the time you use them.

Registration

You can browse the Site without registering but if you wish to contribute Images to the Site or through the App, leave comments (“Comments”) and interact with other members you need to register with us.

When you register as a member we will ask for some of your personal information. Any personal information you provide us with will be handled in accordance with our Privacy and Data Protection Policy which can be seen here.

If you register as a member you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting help[at]dubble.me immediately.

If we have reason to believe that there is likely to be a breach of security or misuse of the Site or the App through your account or the use of your password, we may require you to change your password or we may suspend your account. Until you have changed your password or we have reactivated your account you will not be able to access your membership profile.

You agree that all personal information that you supply to us will be accurate, complete and kept up to date at all times. We may use the information provided to us to contact you.

You must be at least 16 years old to register as a member.

We reserve the right the cancel your membership at any time and for any reason including, without limitation, circumstances where you have been reported by other users for uploading inappropriate Images or Comments.

Images and Dubbling

The Site and App will enable you to take, upload and share Images. Once taken or uploaded, you will be able to merge your Images with the Images of other registered members to create a new single Image. When your Image is Dubbled it will be merged with a random image from another user. Where you create a new single Image in this way, we call this Dubbling and the new image is a “Dubbled Image”.

When you dubble with another member to create a Dubbled Image, all intellectual property rights in the Dubbled Image (including copyright) will belong to the members whose Images have been used equally. This is regardless of the actual proportions of the original Images from which the Dubbled Image is composed.

If one of your Images is used to create a Dubbled Image you cannot exploit, sell, put to any kind of commercial use or transfer your rights in the Dubbled Image without the express consent of the other member whose Image has been used.

If we are approached by a third party who wishes to use, buy or otherwise exploit or put to commercial use a Dubbled Image in which you have rights we will contact you and the other member who owns the Dubbled Image to notify you of the third party’s interest. If both members agree, we will act as your agent for the purposes of any negotiations or discussions with the third party and if you subsequently derive any income as a result of entering into any agreement to license, transfer or otherwise allow the third party to use the Dubbled Image you agree to pay us 15% of such income. We shall collect the income from the third party as your agent and pay you and the other member 42.5% each of income received within 28 days of the end of the month in which the income is received.

If you do not instruct us to act as your agent for the purposes of any negotiations or discussions with a third party regarding the use of your Dubbled Image then we shall not collect any income on your behalf and shall not collect a 15% commission as referred to in clause 3.4.

We may remove Images, including Dubbled Images, from the Site for any reason and without notifying you in advance.

By uploading, sharing or publishing any Images on the Site you confirm that: you took or created the Image; you own the Image and have not transferred, sold or assigned it to any other person; and you own all of the intellectual property rights in the Image. Any Images that you upload to the Site or Comments you place on the Site will be your personal responsibility. You will be personally liable for all claims relating to infringement of intellectual property rights, defamation, privacy, breach of contract or any other claim arising from your Images or Comments.

You agree to indemnify us in relation to any liability we may suffer as a result of any claims relating to infringement of intellectual property rights, defamation, privacy, breach of contract or any other claim arising from your Images or Comments.

You agree that you will not publish any offensive, inaccurate, misleading, defamatory, fraudulent or illegal Images or Comments.

In particular you agree not to upload (or otherwise use the Site to distribute) any Image or place any Comments on the Site which: promote racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses any person or advocates harassment of any person; displays or promotes pornographic or sexually explicit material of any kind; do anything or promotes any conduct that is abusive, threatening, obscene, defamatory or libellous; are illegal, infringe intellectual property rights, defame any person, breach confidentiality or promote any illegal activities; promote illegal or unauthorized copying of another person's copyright work; provide instructive information about illegal activities, such as making or buying illegal weapons, violating someone else's privacy or providing or creating computer viruses; which involve the transmission of “junk mail”, “chain letters” promote information that you know to be false or misleading; or contain personal information e.g. names or contact details. You may remove your Images from your own profile (“Profile”) at any time. A Dubbled Image will remain on the Profile of the other owner of that Dubbled Image even if removed from your own Profile unless and until the other owner removes it as well. If a Dubbled Image is removed from their Profile by both owners you consent to us retaining and grant a licence to us to retain a copy on our own servers unless and until we receive a written request from both owners to delete it permanently.

Profiles

You are responsible for the information displayed on your Profile.

You are not entitled to allow any other person to use or borrow your profile. Any other person who wishes to be a member must register separately and create their own profile.

You may not impersonate any other person in any profile whether or not that other person is a user of the Site.

The information you place on your on your profile will be displayed on the Site and will be available to the general public.

Use and Abuse of the Site

We grant you a limited licence to access and make personal use of the Site and the App, but not to download (other than page caching) or modify it, or any portion of it, except with our express written consent.

If you come across any offensive, inaccurate or damaging Image, Comments or other material on the Site or if you are subject to any form of abuse or harassment we ask that you contact the Site administrator immediately to report the abuse in accordance with our Reporting Policy which can be seen here.

You agree that you will not: upload any Image or files or post or publish any on the Site that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another's computer. access the Site using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission. solicit log-in information or access an account belonging to someone else. bully, intimidate, or harass any user of the Site. do anything unlawful, misleading, malicious, or discriminatory. do anything to disable or impair the proper working of the Site, such as a denial of service attack. do anything to suggest, express or imply that statements made by you are endorsed by us. impersonate any other person in any profile whether or not that other person is a user of the Site. directly advertise any goods or services or other business venture with which you are connected without our express written consent.

Viruses, hacking and other offences

You agree not to upload any files or post or publish any on the Site that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another's computer.

You must not misuse our Site 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 Site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this clause 6, you would commit a criminal offence under the Computer Misuse Act 1990. 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 membership and right to use our Site will cease immediately.

We will not be liable for any loss or damage caused by viruses, a distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

Availability of the Site

Although we aim to offer you the best service possible, we make no promise that the services at this Site will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with this Website you should report it to help[at]dubble.me and we will attempt to correct the fault as soon as we reasonably can.

Your access to this Site may be occasionally restricted or interrupted 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. Access to the Site may be restricted whether or not you have registered with us. Any such restrictions or interruptions shall not constitute a breach by us of these terms.

Our Liability

We will operate the Site and App with reasonable skill and care. The services provided do not extend to detailed monitoring or supervision of Images, Comments or membership of the Site. We do not exercise any editorial control over members or their Images or Comments.

The Site and App will contain Images and Comments from a variety of members. While we put systems in place to allow members to report offensive, inaccurate, misleading, defamatory, fraudulent or illegal Images or Comments, we do not make any warranties or guarantees in relation to those Images or Comments. If we are informed of any such Images or Comments we will attempt to remove them as soon as we reasonably can if we believe it is correct to do so. Please see clause 12 below for our ‘Notice and Take Down’ procedure.

We do not endorse any views or opinions made, shared or published by the members of the Site and App.

We will not be liable for any business, financial, or economic loss nor for any consequential or indirect loss (such as lost reputation, lost profit or lost opportunity) arising as a result of your use of the Site whether such loss is incurred or suffered as a result of our negligence or otherwise. We will not be liable if Images, Comments or other content you have posted and stored on the Site is lost, corrupted or damaged.

Nothing in these terms will limit our liability for fraud or for death or personal injury caused as a result of our negligence.

In the event that you have a dispute with any other member arising from their use of the Site or App, you agree to pursue such claim or action independently of us, and you release us from all claims, liability and damages arising from any such dispute.

Cancellation and Termination

If you wish to cancel your membership you can delete your Profile through the settings page on the Site. Once your membership is cancelled all your Images will be removed from the Site but Dubbled Images may remain on the Site in accordance with clause 3.12. Please note that content may continue to be accessible in search engine caches or on other sites and we cannot agree to delete such content.

We reserve the right to terminate your membership immediately without notice if in our opinion you have breached these terms. In the event of termination, we will delete your member profile and may remove Images and Comments which you have placed on the Site.

Data Protection Policy

We request that all personal information that you provide is accurate, current and complete. Any Image and Comments published on the Site including sensitive and personal information is publicly available and by posting any such content you are expressly consenting to its public display.

All notices sent to you will be sent to the email address provided with your registration details (as updated by you). By accepting these terms you give your consent to receive communications from us by email and you agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.

Any personal information that you provide to us in using the Site or as a member will be handled in accordance with our Privacy and Data Protection Policy which can be seen here.

Intellectual Property

By publishing Images and Comments on the Site you expressly grant us a royalty-free, perpetual, irrevocable licence to use such Images or Comments for the purposes of displaying them on the Site, our newsletters, publicity material (including printed material, externally published material, advertisements and press releases) and any other social media platforms owned and operated by or through Dubble. This clause shall not affect the ownership of the Intellectual Property rights in any Images (including Dubbled Images) or Comments as described in clause 3 above.

The format and content of this Site is protected by United Kingdom and international copyright and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on this Site.

This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Site without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Site without our express written consent.

Notice and Take-Down

We will make all reasonable efforts to identify and remove content that is defamatory or infringing on intellectual property rights when notified but cannot be responsible where you have failed to provide the relevant information to enable us to do so.

In the event that you believe that any Images or Comments on the Site are infringing on intellectual property rights or defamatory you should notify us in writing either by email to help[at]dubble.me or by post to dubble photos ltd, 8 Alexander Street, London W2 5NT, England. Your notice should include the following information: Your full name and contact details, including postal address, telephone number and e-mail address; The exact URL at which the infringing or defamatory Image or Comment appears; The Comment or Image that you believe is infringing on intellectual property rights or is defamatory; The reasons that you believe the Image or Comment infringes on intellectual property rights or is defamatory; A statement confirming that you are authorised to act on behalf of the claimant or rights holders; and A signed declaration of truth in respect of the information in the notice. Any statement made under this clause 12 may be used in court proceedings.

International Use

We make no promise that materials on this Site are appropriate or available for use in locations outside the United Kingdom, and accessing this Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so at your own initiative and are responsible for compliance with local laws.

You shall comply with all foreign and local laws and regulations which apply to your use of our Site or our simple randomisation service in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.

General

These terms and conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.

If you breach these terms and conditions and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.

We will not be responsible for any breach of these terms and conditions caused by circumstances beyond our reasonable control.

We may make changes to the format or content of the Site and App and services provided by us at any time without notice.