End User License Agreement
1. About these terms
These terms create a legal agreement between you (“you” or “your”) and TISTIS, registered in The Netherlands with KvK-registration number 62288490 and VAT number 116880740B01 (“Company”, “we”, “us” or “our”) in relation to our website at www.theseboots.nl (“Website”), app TheseBoots (“App”) that is made available via our Website, and any related services (together with the Website and App, the “Service”). You agree that by accessing and/or using our Service, you are agreeing to these terms.
You agree that you are at least 18 years old or that if you are less than 18 years old, your legal guardian has reviewed and agreed to these terms and allows you to access and use our Service.
You can access these terms at any time at http://www.theseboots.nl/eula. We can make changes to these terms at any time in accordance with paragraph 11 below and your continued use of our Service shall confirm your acceptance of the updated terms.
2. User Account
To open an account, you must complete the registration process by providing us with a valid and unique (case insensitive) nickname between 2 and 20 characters. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords with your account: passwords that use a combination of upper and lower case letters, numbers and symbols.
An account may only be used on a single device at the same time. You may never use another User’s account without permission.
You can deactivate an account by uninstalling this App on your device deliberately or as a consequence of another activity. In that case, the data belonging to your deactivated account remain available on the Website.
We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you will no longer be able to add data to the Website.
You have the possibility to add a profile Image to your account.
Certain content for names and images have no place in our Service due to their extremely offensive, annoying or inappropriate nature. The following list is only a summary, but it gives some idea of names and images which are not accepted in our Service environment:
Names and Images ….
a) that contains insults, personal attacks, abuse or harassment.
b) that contains unprintable words or abbreviations, or which are unattractive and/or unreadable.
c) which have (in any way) racist or nationalistic implications which may create offense to a certain nation, ethnic, religious or racial group.
d) that contain an allusion of racial or national supremacy, as well as discriminative propaganda on any level.
e) which are derogatory discriminative or offensive to people with a disability or illness.
f) which have an association with sexuality, pedophilia, sexual abuse; or have an offensive connection to the human body or bodily functions.
g) which contain excessive gore or violence, or are obscene/vulgar.
h) which make reference to addictive or illegal substances or their use, or any other illegal activities.
i) which either in whole or partly contain copyrighted or registered trade mark elements.
j) that contain reference to current mainstream religions that may create offense, i.e. names such as God, Jesus, Allah, etc.
k) that contain logotypes, symbols, emblems or figures connected in one way or another with organizations, that violate or were violating existing laws and rules (for example, using different variations of Nazi symbolic, abridgements and signs (88, 14, 420, SS), or similar stylization (such as, 55) as well as credentials, names and surnames of Nazi leaders) which may provoke strong negative reaction/association or promote national/ethnic/religious hatred.
l) that are connected with negative historical or political personalities, first of all those who are judged by international courts for crimes against humanity, those that generally arouse feelings of suffering or disgust in the majority of people, as well as members of currently existing terrorist organizations;
m) that negatively portraits the projects moderators, staff or administration;
n) which in any other manner violates the End User License Agreement or local laws;
……. either implicitly or explicitly are prohibited (this also contains links to websites containing the above). If names or images within the Service violate these rules the offending account may be changed and/or the accounts may be sanctioned or suspended. Moreover, the Company reserves the right to terminate an account with an inappropriate name or image.
3. User Conduct
As a condition of use, you promise not to use the Service for any purpose that is prohibited by these terms. You are responsible for all of your activity in connection with the Service.
You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run any form of auto-responder or “spam” on the Service; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website; (vi) harvest or scrape any content from the Service; (vi) supply false input or supply actions that bend the truth; or (viii) otherwise take any action in violation of our guidelines and policies.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
You specifically agree that we shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that we are not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that we are not responsible for any content sent using and/or included in the Service by any third party.
We and/or our respective suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the Service for any purpose. The Service is provided “as is” without warranty of any kind. We and/or our respective suppliers hereby disclaim all warranties and conditions with regard to the Service, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
In no event shall we and/or our suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Service or related Website, with the delay or inability to use the Service or related Website, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Service, or otherwise arising out of the use of the Service, whether based on contract, tort, negligence, strict liability or otherwise, even if we or any of our suppliers have been advised of the possibility of damages. Furthermore, we are not responsible for technical failures or the lack of availability of our Website. There may also be times when our Service or any part of our Service is not available for technical or maintenance related reasons, whether on a scheduled or an unscheduled basis.
5. Features of the Service
The location information features are designed to collect and share location information, about you and other individuals who use the Service. These features require the corresponding App to be installed on the device for which location data will be provided, and the features may not work if the corresponding settings to allow the collection and sharing of information and location information are not enabled. In addition, the features may not work for a variety of reasons, such as if the device that the App is installed on is not powered on and connected to the wireless service provider’s network, if location services are suspended or turned off, if the Service is not being used or is blocked on the device, etc.
If you use features designed to collect and share location information, the Service will periodically access and collect information about your device and location. By using the features designed to collect and share information, you represent and warrant that you have consented, to use the service and to allow it to access and collect such information.
If you accept an invitation of another person, then you agree with transferring your profile image and your location information to that person.
6. Our Communications With You
By providing Company your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service.
7. Pricing and Payment Terms
i. Subscription fees are payable in advance.
All subscription and access charges for the Subscription Features (denoted as Premium Account) are payable in advance. Company is not responsible for any charges or expenses you incur resulting from charges billed by Company in accordance with this Agreement (e.g. overdrawn accounts, exceeding credit card limit, etc.).
ii. Subscription accounts may have a trial period.
After initial registration of certain Subscription Features, you may be given an initial trial period. You may cancel your account at any time during the trial. If you do not cancel your account during the trial, you will be charged based on the account type you selected during registration. You are able to cancel a subscription to a Subscription Feature at any time via Google Play Store (https://play.google.com/store/account?hl=en).
iii. Pricing changes
Prices for Subscription Features may change from time to time, in Company’s sole discretion. If they do, and you currently have Subscription Features, Company will provide you with notice of the change through the Service or in email to you, at Company’s option, at least 30 days before the change is to take effect. Your continued use of the Subscription Features after price changes become effective constitutes your agreement to pay the changed amount. If you do not agree to the new prices, you must cancel a subscription to a Subscription Feature by yourself.
iv. No refunds.
You may cancel your account at any time; however, there are no refunds for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else. Upon cancelling any Subscription Features, your subscription will be valid until your paid period is completed.
v. Payment information and taxes.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
We care about the privacy of our Users. You understand that by using the Service you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as follows:
i. Registration and Profile Information.
When you create an account, we may collect your personal information such as your nickname, email address, device identification and a profile image, if you chose to have an image associated with your account. We may also collect billing information when you sign up for a Premium Account.
We collect your location information through GPS, WiFi, or wireless network triangulation in order to obtain your location for the purposes of providing our Service. We collect the (accepted) invitations to other persons. We collect the coordinates of your designated areas to provide alerts when you or another person enters and/or leaves a designated area. We do not share location information with third parties for advertising, research, and/or analytic purposes. You are enabled to delete (parts of) your own location information on your device and on the Website.
Company cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
For reasons to improve security the payload of messages are transferred encrypted between device and Website, and passwords are stored encrypted on the Website.
10. Governing Law
This agreement shall be governed by the law of The Netherlands applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of The Netherlands therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this agreement and not affect the validity and enforceability of any other provisions.
11. Changes to these terms
You can find these terms at any time by visiting http://www.theseboots.nl/eula. We reserve the right to update these terms from time to time by posting the updated version at that address. You are responsible for regularly reviewing the terms. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using our Service.