End User Licence Agreement (EULA) for the Secret Stories Mobile App
1. What is Secret Stories?
OS operates a number of different consumer websites, web apps and mobile apps (including social media sites), along with our online retail shop. We refer to these collectively as the ‘OS Sites and/or Services’.
This End User Licence Agreement (or EULA for short) relates to our Secret Stories app.
Our Secret Stories app has curated tours filled with hidden stories about a location around you that unfold as you follow the tour, all brought to life through pictures, audio, video and augmented reality.
2. Introduction to these Terms and Conditions
We would ask that you read this EULA (and the other documents we have referred to) very carefully. Please do not use this Licensed App if you do not accept the matters set out in these documents.
We may update this EULA from time to time, as we add functionality to the Licensed App or for other reasons. So please come back and read it regularly to stay up to date. You may wish to print off a copy for your own reference. Your continued use of the Licensed App constitutes your agreement to the then-current amended and updated EULA.
3. Information about Us
This Licensed App, its content and any related website pages, are operated and managed by 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 (referred to in this EULA as OS, we, us and/or our).
If you have any questions, complaints or claims about the Licensed App, or you otherwise wish to get in contact with us, please can you fill out our contact form and we will get in touch.
This Policy describes how we collect, use and look after any personal data that we collect from you, or that you provide to us, when you use our OS Sites and/or Services, and what choices you have about the information we may ask you for.
This Notice provides information about how we use ‘cookies’ in our OS Sites and/or Services and how you can control and delete them.
'Cookies' are little files that websites put on your computer to make visits quicker, easier and more relevant.
In addition to cookies OS uses analytics and tracking software tools in its OS Sites and Services. Analytics and tracking software allows application providers to gain insights on how their users engage with the mobile / web app – for example, how they navigate through the app and what functionality and content is used. This enables app providers to make better decisions about services, improving performance and appropriate marketing.
The tracking technology we use is Google Firebase and Adjust. With the exception of analytics which are strictly necessary for us to be able to deliver the Licensed App, we will only use tracking technology with your consent.
Our Accessibility Statement provides information about browser support, screen resolution, document types, access keys, text sizing, images, forms and frames, scripting and links.
5. Access to the Licensed App
The Licensed App is made available to download from both the ‘App Store’ (for IOS phones) and the ‘Google Play Store’ (for android phones).
The Licensed App is free to download but you must register within the Licensed App before you can use the content and functionality within it.
6. Registration and passwords
Any username, password or other piece of security information registered or provided as part of the registration processes, must be treated as confidential and must not be disclosed to anyone.
If you know or suspect that anyone other than you knows your username, password, or other piece of security information, we ask that promptly notify us at email@example.com.
In the event that you forget or need to change your username, email address, password or other security login information please follow the relevant link provided in the Licensed App.
Please note that registering with the Licensed App does not automatically create an account with our other OS Sites and/or Services.
The Licensed App can be downloaded free of charge.
Tours, stories and content can be downloaded and used via the Licensed App either:
- Free of charge;
- For a fixed fee (as stated in the Licensed app); or
- Under an online ‘Tip Jar Arrangement’.
Where content is labelled as subject to a Tip Jar Arrangement, this means that instead of users having to pay a fixed sum to download / use the tour or story, users are invited to give an online donation. The decision to give a donation, and the amount, will be at the absolute discretion of the user.
Your purchase of content within the Licensed App will also be subject to the terms of the applicable online app store.
8. Permitted Use of the Licensed App
You may access and use the Licensed App and its content solely for your own personal, non‑commercial use. No commercial use is permitted under this EULA.
If you would like to use any part of the content in the Licensed App for commercial purposes you will need to contact OS. This may be possible in some limited circumstances under an appropriate licence or other express written permission from us. Without obtaining such permission, any commercial use will amount to a breach of this EULA and an infringement of copyright and/or other intellectual property rights.
When using the Licensed App, you must NOT:
- make multiple copies, digital copies or scans of any content;
- use any photographs, video or audio material or graphics separately from the accompanying text;
- modify, publish, sell, hire, lend, copy or disseminate any content;
- alter or remove any trade marks or the copyright or personal use notices appearing in/on the Licensed App.
The Licensed App includes a built-in sharing function which allows you to email a link, or upload a link to the internet (including to your social media sites), which then allows direct access to the Licensed App to others. You must not email, upload to the internet, or otherwise communicate any Licensed App content, for access or use by others, except by using this built in sharing functionality.
9. User Generated Content
The Licensed App allows you to upload and share your own stories for your chosen locations, such as hidden histories, local legends, nature or other interesting information about the area of your choice that might not be immediately apparent. Such content (being the text and any photos) is referred to as User Generated Content in this EULA.
Please note that your User Generated Content will be publicly accessible by other Licensed App users. Therefore, please do not upload any photos or other content that you consider to be private or confidential.
Please ensure that you either own or have appropriate permission to upload any User Generated Content before doing so.
If you contribute User Generated Content, you must NOT include any of the following (‘Restricted Content’):
- material which is illegal or promotes illegality;
- misleading information;
- material which is threatening, abusive, offensive or indecent;
- defamatory material;
- material which breaches copyright or any other intellectual property rights;
- personal information about you or a third party; or
- material which contains a virus or other harmful component.
You will be liable to us, and agree to indemnify us, to the fullest extent permitted by law for any loss or damage we may suffer as a result of you contributing any Restricted Content to the Licensed App.
We do not claim any ownership of the intellectual property rights which arise/subsist in your User Generated Content. However, you grant us a worldwide, royalty free, non-exclusive licence to store, reproduce, use and make your User Generated Content available as follows (and you waive any moral rights arising in this respect):
- to display it (in whole or in part) to you and to other users of the Licensed App for personal, non-commercial use;
- to use it in / on our other OS Sites and / or Services,
- to use it in connection with our promotional and marketing activities; and
- for our internal business use for the purposes of research, learning more about user activities and improving our products / services to the public.
Where the User Generated Content is a photograph, we may 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 Licensed App or the privacy settings on your device) that you do not wish for us to do so.
OS is not responsible for any User Generated Content, but we may vet it and we may remove or edit any and all User Generated Content pursuant to our Take Down procedure referred to in paragraph 10 below.
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.
10. Take Down Procedure
OS may remove any User Generated Content from the Licensed App, in its absolute discretion, either in whole or in part, (a ‘Takedown’). This will include (but without limitation) where we are notified, or otherwise become aware or believe that the User Generated Content:
- Includes any Restricted Content as set out in paragraph 9 above;
- Breaches any applicable law, regulation, code of practice or is subject to an injunction or other action by a third party;
- Its display is not in keeping with the purposes, themes or integrity of the Licensed App;
- Its display is impacting on the technical performance of the Licensed App;
- Is generating complaints from other users or any third parties; or
- Should not be made available for any other reasons.
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.
11. Intellectual Property Rights
The copyright and all other intellectual property rights in the Licensed App and the material included within and published on the Licensed App, (including any mapping data, but excluding User Generated Content) are owned by OS and/or our licensors (including the Crown).
This EULA sets out what you can do as far as copying and using the content made available in the Licensed App. You may not otherwise copy, reproduce, modify, reverse-engineer, transmit or publish any part of the Licensed App content.
All of the brand, product and/or service names used in the Licensed App are trade marks of OS or their respective third party holders and/or are protected by trade mark and other intellectual property rights. Please see a non-exhaustive list of OS’s trade marks at the following url: https://www.ordnancesurvey.co.uk/governance/trademarks
No trade marks, brand, product or service names may be used without our express permission in writing.
12. Accuracy, availability and limitations of Content
The Licensed App delivers content created / owned by OS; content which has been created by, supplied to and licensed to us by third party providers; and User Generated Content.
OS and its licensors have taken reasonable steps to ensure that the routes, accompanying ‘secret stories’ and other information created / supplied by them for use in the Licensed App are accurate and as up to date as possible. However, it is possible that the information may contain errors, or be incomplete, or out of date. OS therefore makes no representations, warranties or guarantees (express or implied) regarding accuracy, completeness or currency of the information.
The views expressed in User Generated Content are those of individual contributors and not necessarily those of OS. It is possible that the information found in User Generated Content contains errors, or is incomplete, or out of date. We OS therefore makes no representations, warranties or guarantees (express or implied) regarding accuracy, completeness or currency of any User Generated Content.
Please note that where a ‘secret story’ passes by any tourist attraction which requires an entry fee to be paid, it is your responsibility to pay such fees if you wish to enter the attraction. These are not included within any fee that you may have paid to access the ‘secret story’ within the Licensed App.
Any times shown for the tours are estimates based on a leisurely walking pace and approximately 10 minutes taken at each story. You should estimate your own tour time making allowances for your own circumstances.
For safe outdoor navigation of any kind, we recommend that you allow a reasonable margin for error, refer to local signage and take particular care in poor visibility.
The content delivered on the Licensed App is used at your own risk. It is not intended to amount to instructions or formal 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 Licensed App content should not be relied on when this is in conflict.
We cannot guarantee the ongoing supply of any content sourced from third parties and we may change all or any part of the third party content we provide via the Licensed App at any time.
13. Availability of the Licensed App
Access to the Licensed App is provided on an ‘as-is’ basis, and we do not provide any guarantees or warranties as to its availability, accuracy, completeness, performance, or other matter.
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 Licensed App without notice and we will not be liable if for any reason it is unavailable.
We have no responsibility for the equipment, devices, wifi, internet, Bluetooth, mobile or other connections and service plans that are necessary for you to access and use the Licensed App. These are solely your responsibility, risk and expense.
We cannot guarantee that the Licensed App is available or accessible on all devices, wifi, internet, Bluetooth, mobile or other connections. You are responsible for ensuring that your device meets the minimum operating requirements.
We cannot guarantee that the Licensed App will be available in all geographic locations, at all times.
You acknowledge that:
- As a result of the access and use of the Licensed 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;
- It is your responsibility to confirm with your wireless internet service provider whether, and to what extent, any such fees apply to you; and
- We cannot guarantee that the Licensed 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.
14. Limitation of Liability
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.
Subject to the above paragraph , we exclude to the maximum permitted by law all conditions, warranties, representations and other terms (whether express or implied by law); and 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.
15. Termination / Suspension
OS shall monitor your use of the Licensed App. We reserve the right to block, suspend or terminate your use of the Licensed App, if we reasonably suspect that you have failed to comply with any of the relevant terms and conditions set out in this EULA.
16. Contracts (Rights of Third Parties) Act 1999
With the exception of the parties listed below, 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.
Both 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.
17. Platform Distributer Terms
This Licensed App is distributed through the Apple App Store (IOS) and the Google Play Store (Android) mobile app distribution platforms. We are legally obliged to include the following Google and Apple terms in this EULA.
17.1 GOOGLE PLAY STORE (Android devices)
Where you have downloaded the Licensed App from the Google Play Store, your use of Google’s services through which you can buy, get, license, rent or subscribe to content, apps and other in-app services are governed by the following terms: https://policies.google.com/terms
17.2 APP STORE - Apple (iOS branded products)
Where you have downloaded the Licensed App from the App Store and are using it on an Apple branded / iOS product, the following terms and conditions apply:
You and we both acknowledge that this EULA is concluded between OS and you, and not with Apple, and OS (not Apple), is solely responsible for the Licensed App and the content thereof.
b. Scope of License
The licence granted to you for the Licensed App is limited to a non-transferable licence to use the Licensed App on any Apple-branded products that you own or control, and as permitted by the ‘Usage Rules’ set forth in Apple Media Services Terms and Conditions, except that such Licensed App may be accessed and used by other accounts associated with the purchaser via Apple’s ‘Family Sharing’ or volume purchasing rights.
c. Apple Media Services Terms and Conditions
Your use of Apple’s services through which you can buy, get, license, rent or subscribe to content, apps and other in-app services are governed by the following terms: http://www.apple.com/legal/itunes/us/terms.html#APPS
d. Maintenance and Support
OS is solely responsible for providing any maintenance and support services with respect to the Licensed App. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed App.
Apple excludes any warranty obligation whatsoever with respect to the Licensed App, to the maximum extent permitted by law.
f. Product Claims
Apple are not responsible for addressing any claims by you or any third party relating to the Licensed App or your possession and/or use of the Licensed App, including, but not limited to:
i. product liability claims;
ii. any claim that the Licensed App fails to conform to any applicable legal or regulatory requirement; and
iii. claims arising under consumer protection, privacy, or similar legislation.
g. Intellectual Property Rights
In the event of any third party claim that the Licensed App or your possession and use of that Licensed App infringes a third party’s intellectual property rights, we, (and not Apple) shall be responsible for the investigation, defence, settlement and discharge of any such claim.
h. Legal Compliance
You represent and warrant that:
i. 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
ii. you are not listed on any U.S. Government list of prohibited or restricted parties.
i. Third Party Beneficiary
Notwithstanding paragraph 16 above, you and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party.
18. Third Party Additional Terms
Certain functionality within the Licensed App is made possible as a result of licensing arrangements with third parties and/or is subject to copyright and other intellectual property rights owned or licensed by third parties. We are legally obliged to include the following third party terms in this End User Licence Agreement.
Terms from MAPBOX INC
The Licensed App uses services and tools owned and operated by Mapbox, who require OS to include the following terms and conditions in this EULA:
a. 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;
b. You may not distribute maps served from Mapbox to third parties;
c. You may not scrape or undertake any mass download for any purposes other than offline caching on your single end-user device;
d. 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 Licensed App if done by you; and
e. You may not use the Licensed App in any manner which could damage, disable, overburden or impair the Licensed App or interfere with any other user’s use and enjoyment of it.;
f. You may not export any coordinate information or address information derived from the results of a request to the Licensed App;
g. You must comply with any other restrictions identified by Mapbox in its Terms and Conditions from time to time, which can be found at the following url: https://www.mapbox.com/tos/#start
You shall comply with all applicable foreign and local laws and regulations which apply to your use of the Licensed 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 Licensed App.
We will not be responsible for any breach of this EULA caused by circumstances beyond our reasonable control.
You may not assign, sub-license, share or otherwise transfer any of your rights under this EULA.
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.
The waiver on a particular occasion by either party of rights under this EULA does not imply that other rights will be waived.
No delay in exercising any right under this EULA shall constitute a waiver of such right.
You may print and keep a copy of this EULA, which forms the entire agreement between you and us and supersede any other communications or advertising with respect to OS Maps.
This EULA will be governed by English law and both parties submit to the exclusive jurisdiction of the English courts.
EULA Version: 1 February 2021