i1. What is GetOutside?
The ‘GetOutside’ initiative was founded by Ordnance Survey, (Britain’s national mapping agency), to help more people to get outside more often. We firmly believe that an active outdoor lifestyle helps you live longer, stay younger and enjoy life more.
The GetOutside mobile application (hereinafter referred to simply as the GetOutside App) is designed to help you discover the best that Britain has to offer, to give you inspiration for a wide range of activities available nearby and provide enough information for those activities to be enjoyable, accessible and safe.
‘GetOutside’ is for everyone, just as the outdoors is for everyone.
2. Introduction to these Terms and Conditions
Please read them carefully. Please do not use the GetOutside App if you do not accept this EULA.
We may update this EULA (or any other terms relating to your use of the GetOutside App), from time to time, so it’s a good idea to come back and read them regularly to stay up to date. You may wish to print off a copy for your own reference. Your continued use of the GetOutside App constitutes your agreement to the then-current amended and updated EULA.
3. Information about Us
a. The GetOutside App (and any related website pages), are operated and managed by Ordnance Survey Leisure Limited, which is a company registered in England and Wales (registration number 06894550), whose registered address is at Explorer House, Adanac Drive, Southampton, SO16 0AS, UK (VAT Number is 973 4648 80).
b. Ordnance Survey Leisure Limited is a subsidiary company of Ordnance Survey Limited, Britain’s national mapping agency. Ordnance Survey Limited is a company registered in England and Wales (registration number 09121572) whose registered address is at Explorer House, Adanac Drive, SOUTHAMPTON, SO16 0AS.
c. The above organisations are referred to in this EULA as OS, we, us and/or our.
If you have any questions about the GetOutside App , or you otherwise wish to get in contact with one of the above mentioned organisations please email email@example.com
4. Other general information
In the introduction at paragraph 2 above , we referred to some other additional information which applies to your use of the GetOutside App. By way of further explanation:
c. Our Accessibility Statement provides information about browser support, screen resolution, document types, access keys, text sizing, images, forms and frames, scripting and links.
5. Registration and passwords
a. You must register with the GetOutside App to become a user.
b. Registering with the GetOutside App does not automatically create an account with our other OS Sites and/or Services.
c. Any username, email address, password or other piece of security information registered or provided as part of our registration processes, must be treated as confidential and must not be disclosed to anyone.
d. If you know or suspect that anyone other than you knows your username, email address, password, or other piece of security information, you must promptly notify us at firstname.lastname@example.org.
e. In the event that you forget or need to change your username, email address, password or other security information, some changes will require you to be directed from a link on the GetOutside App to an OS registered account holder’s page on the OS online shop. In these circumstances, updating your details will automatically create an account with the OS online shop. This is simply the existing technical process for changing security details.
f. Before registering for the GetOutside App, you are responsible for ensuring that your device meets the minimum operating requirements.
6.Using the GetOutside App
a. Once registered, you may access and use the GetOutside App and content solely for your own personal, non‑commercial use.
b. Commercial use of the GetOutside App content is not permitted under this EULA. If you would like to use any part of the content in the GetOutside App for commercial purposes this may, in some circumstances, be possible, but you will need to contact OS in advance to seek an appropriate licence or other express written permission from us. Without such permission, your use will amount to a breach of this EULA and an infringement of copyright and intellectual property rights.
c. When using the GetOutside App, you must:
- not make multiple copies, digital copies or scans of the GetOutside App content;
- not use any personal, photographs, video or audio material or graphics separately from the accompanying text;
- not modify, publish, sell, hire, lend, copy or disseminate any GetOutside App content;
- not email, upload to the internet (including to your social media sites), or otherwise communicate any GetOutside App content, for access or use by anyone else (except by using the built-in sharing or uploading functions of the GetOutside App to provide a link to its original location);
- not alter or remove any trade marks or the copyright or personal use notices appearing on the GetOutside App;
d. The GetOutside App user interface allows you to interact with the user interface of our other OS Sites and/or Services in certain circumstances, as follows:
- For the purposes of changing certain personal details (see paragraph 5(e) above); and
- If you wish to zoom down into a mapping route which is displayed in the GetOutside App, you will be able to access the route in our OS Maps app if you are already an OS Maps registered user. (If you are not already an OS Maps registered user you will be directed to the applicable app store to enable download of the OS Maps app should you so wish.)
7. User Generated Content
a.The GetOutside App includes an interface which allows you to upload photos and other content, such content is referred to as User Generated Content.
b. We do not claim any ownership of any intellectual property rights which arise in your User Generated Content. However You grant us a royalty-free, non exclusive perpetual licence to store, reproduce, use, and make your User Generated Content available to others as follows (and you waive any moral rights arising in this respect):
- To display to you, and in future versions of the GetOutside App to other GetOutside App users for their personal, non-commercial use;
- In / on our other Sites and/or Services;
- In connection with our promotional and marketing activities,
- For our internal business use for the purposes of research, learning more about user activities and improving our products / services to the public.
c. For the avoidance of doubt, in this version of the GetOutside App, your User Generated Content will not be publicly accessible by other GetOutside App users. However you may share a link to such User Generated Content with others by using the built-in sharing or uploading functions of the GetOutside App to provide a link to its original location.
d. Where the User Generated Content is a photograph, we will automatically collect the location and direction information from the photo’s metadata, to determine where it was taken and which way the camera was pointing, unless you have indicated to us (via the pop-up message appearing upon first opening the app or the privacy settings on your device) that you do not wish us to do so.
e. We are not responsible for any User Generated Content, but we may vet it and we may remove or edit any User Generated Content at our entire discretion.
f. User Generated Content must not include any of the following:
i. Material which is illegal or promotes illegality;
ii. Misleading information;
iii. Material which is threatening, abusive, offensive or indecent;
iv. Defamatory material;
v. Material which breaches copyright or any other intellectual property rights;
vii. Personal information about you or a third party; or
viii. Material which contains a virus or other harmful component.
g. We have the right to disclose your identity to any third party who claims that any User Generated Content submitted by you constitutes a violation of their intellectual property or other legal rights.
8. Takedown Procedure
a. OS may remove any User Generated Content from the GetOutside App, in its absolute discretion, either in whole or in part, (a ‘Takedown’) including (but without limitation) where it is notified, or otherwise becomes aware or believes that the User Generated Content:
i. Has been posted in contravention of paragraph 7(f) above;
ii. Infringes the intellectual property rights or any other rights of any third party;
iii. Breaches any applicable law, regulation, code of practice or is subject to an injunction or other action by a third party; or
iv. Its display is not in keeping with the ethos, spirit or integrity of the GetOutside initiative;
v. Its display is impacting on the technical performance of the GetOutside App;
vi. Is generating complaints from other users or any third parties; or
vii. Should not be made available for any other reasons.
b. Where we conduct a Takedown, we will email the user who created the User Generated Content to inform them of our action and the reason why.
9. Intellectual Property Rights
a. The copyright and all other intellectual property rights in the GetOutside App and the material included within and published on the GetOutside App, (including mapping data) is owned by OS and/or our licensors (including the Crown). This EULA sets out what you can do as far as copying and using such materials. You may not otherwise copy, reproduce, modify, reverse-engineer, transmit or publish any part of the GetOutside App.
b. All of the brand, product and/or service names used in the GetOutside App are trade marks of OS or their respective third party holders and/or are protected by other intellectual property rights.
c. Please see a non-exhaustive list of OS’s trade marks at the following url: os.uk/trade-marks.
d. No trade marks, brand, product or service names may be used without our express permission in writing.
10. Accuracy and availability of Content
a. The GetOutside App delivers content from OS, along with third party content licensed to OS.
b. OS and its licensors have taken reasonable steps to ensure that the information on the GetOutside app is correct, however it is possible that the information may contain errors, or be incomplete, or out of date. We therefore make no representations, warranties or guarantees (express or implied) regarding accuracy, completeness or currency of the information.
c. The walking, cycling and other routes available on the GetOutside App are taken from our OS Maps app, some being created by users of that OS Maps app. OS has taken reasonable steps to ensure that the mapping, walking and other routes authored by us and/or our commercial partners for the OS Maps app are accurate and as up-to-date as possible, but we do not guarantee absolute accuracy or currency. We do not check the accuracy, feasibility or safety of routes uploaded and made available from users of our OS Maps app.
d. The average times shown for walking, running or cycling routes are rough estimates based on Naismith’s Rule. This rule assumes you are reasonably fit and travelling on typical terrain in normal conditions. You should estimate your own route time making allowances for your own circumstances.
e. For safe outdoor navigation, we recommend that you allow a reasonable margin for error, refer to local signage and take particular care in poor visibility.
f. The content delivered on the GetOutside App is provided for general information only and is used at your own risk. It is not intended to amount to instructions or advice on outdoor activity participation, risk assessment or health and safety on which you should rely. It is not intended to replace the information presented in your physical environment (i.e. hazard signage or the Highway Code) and the GetOutside App content should not be relied on when this is in conflict.
g. We cannot guarantee the ongoing supply of any content sourced from third parties, including certain points of interest and leisure route information, and we may change all or any part of the third party content we provide via the GetOutside App at any time.
11. General Disclaimers
a. Access to the GetOutside App is provided on an ‘as-is’ basis, and we do not provide any guarantees or warranties as to its availability, accuracy, completeness or performance.
b. We will always try to notify users of downtime in advance. However, we may have to suspend, withdraw, discontinue or change all or any part of the GetOutside App without notice and we will not be liable if for any reason it is unavailable.
c. All equipment, devices, wifi, internet, Bluetooth, mobile or other connections and service plans that are necessary for you to access and use the GetOutside App shall be provided by you at your own risk and expense. We do not guarantee that the GetOutside App is available or accessible on all devices, wifi, internet , Bluetooth, mobile or other connections, or in all geographic locations.
d. You acknowledge that:
i. As a result of the access and use of the GetOutside App by your device, your wifi, internet , Bluetooth, mobile or other communication service provider may charge you additional fees for data usage, messaging and/or other wireless internet features, and you are solely responsible for such fees;
ii. It is your responsibility to confirm with your wireless internet service provider whether, and to what extent, any such fees apply to you; and
iii. We can not guarantee that the GetOutside App, or the servers that makes it available are free from viruses or bugs. It is your responsibility to implement any procedures and virus checks to satisfy your own requirements.
12. Limitation of Liability
a. Nothing in this EULA seeks to exclude or limit our liability for fraud, fraudulent misrepresentation, death or personal injury caused by our negligence, any breach of the obligations implied by the Consumer Rights Act 2015, or any other liability which cannot be excluded or limited under applicable law.
b. Subject to paragraph 12(a), we exclude to the maximum permitted by law all conditions, warranties, representations and other terms (whether express or implied by law); and we exclude to the maximum permitted by law any liability for any loss or damage incurred by any user (including any loss of data, loss of profits, reputation or goodwill, anticipated savings, business, or losses suffered by third parties), whether direct, indirect, special, incidental or consequential, even if foreseeable, and whether caused by tort (including negligence), breach of contract or otherwise.
13. Termination / Suspension
a. OS shall monitor your use of the GetOutside App.
b. We have the right to disable your username, email address, password, or other security information, at any time; and block, suspend or terminate your registration to the GetOutside App , if we reasonably suspect that you have failed to comply with any of the relevant terms and conditions set out in this EULA.
14.Contracts (Rights of Third Parties) Act 1999
A person who is not a party to this EULA has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or enjoy the benefit of any term of this EULA, except that Ordnance Survey Limited; Mapbox Inc., (a Delaware corporation whose address is at 1714 14th Street, NW, Rear Entrance, Washington, DC 20009 (Mapbox) and Apple Inc., a California corporation with its principal place of business at One Infinite Loop, Cupertino, California, 95014, USA (Apple) shall be entitled to enforce this EULA under the Contracts (Rights of Third Parties) Act 1999.
a. You shall comply with all applicable foreign and local laws and regulations which apply to your use of the GetOutside App in whatever country you are physically located, including without limitation, consumer law and export control laws and regulations and you will not make unacceptable use of the GetOutside App.
b. We will not be responsible for any breach of this EULA caused by circumstances beyond our reasonable control.
c. You may not assign, sub-license, share or otherwise transfer any of your rights under this EULA.
d. If any provision of this EULA is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of this EULA, which shall remain in full force and effect.
e.The waiver on a particular occasion by either party of rights under this EULA does not imply that other rights will be waived.
f. No delay in exercising any right under this EULA shall constitute a waiver of such right.
g. You may print and keep a copy of this EULA, which form the entire agreement between you and us and supersede any other communications or advertising with respect to OS Maps.
h. This EULA will be governed by English law and both parties submit to the exclusive jurisdiction of the English courts.
16.Third Party Additional Terms
The GetOutside App incorporates visitor identification technology:
- that collects, uses, shares and stores data about you;
- which has been created using the services of Google Inc., a Delaware corporation whose principal place of business is at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States (Google); and
16.2 Apple End User Terms
These Additional Apple End User Terms apply where you have downloaded the Getoutside App on an iOS Product that you own or control and as permitted by the Usage Rules as defined in and set out in the App Store Terms of Service, which is available at the following link: http://www.apple.com/legal/itunes/us/terms.html#APPS.
Maintenance and Support
You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the GetOutside App.
Apple is not responsible for addressing any claims by you or any third party relating to the GetOutside App or your possession and/or use of the GetOutside App, including, but not limited to:
- product liability claims;
- any claim that the GetOutside App fails to conform to any applicable legal or regulatory requirement; and
- claims arising under consumer protection or similar legislation.
You represent and warrant 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.
Third Party Beneficiary
Notwithstanding paragraph 14, you and we acknowledge and agree that:
- Apple and its subsidiaries, are third party beneficiaries of this EULA; and
- upon the your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.
16.3 Mapbox End User Terms
Where you have downloaded the GetOutside App:
- your device shall populate its cache using direct requests to Mapbox and content from a cache may only be consumed by a single end-user;
- you may not distribute maps served from Mapbox to third parties;
- you may not scrape or undertake any mass download for any purposes other than offline caching on your single end-user device;
- you may not use the Mapbox services for any purpose that is in breach of this EULA or that would amount to unacceptable use of the GetOutside App if done by you; and
- you may not use the GetOutside App in any manner which could damage, disable, overburden or impair the application or interfere with any other user’s use and enjoyment of the application;
- you may not export any coordinate information or address information derived from the results of a request to the GetOutside App;
- you must comply with any other restrictions identified by Mapbox in its Terms of Service, which can be found at the following url: https://www.mapbox.com/tos/#start
You agree not to engage in unacceptable use of the GetOutside App, which includes, without limitation, use of the GetOutside App to:
- disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious;
- aid or implement practices violating basic human rights or civil liberties;
- disseminate, store, or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person;
- create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication;
- export, re-export, or permit downloading of any content in violation of any export or import law, regulation, or restriction of the United States and its agencies or authorities, or without all required approvals, licenses, or exemptions;
- interfere, disrupt, or attempt to gain unauthorised access to other accounts or any other computer network;
- disseminate, store, or transmit viruses, trojan horses, or any other malicious code or program; or
- engage in any other activity deemed by Mapbox to be in conflict with the spirit or intent of this EULA.
You agree to indemnify and hold harmless Mapbox and its subsidiaries, affiliates, officers, agents, partners, and employees from any claim or demand, including reasonable solicitors’ fees, made by any third party due to or arising out of the application or your use of the application.