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Bucharest City App

Service Terms of Use

 

Effective as of:January 20, 2015

Last update: 21 January, 2015

 

Welcome to Bucharest City App!

Thanks for using our products and Service!

 

By accessing or using the Bucharest City App website, the Bucharest City App service, or any applications (including mobile applications) made available by Bucharest City App (together, the “Service”), however accessed, you agree to be bound by these Terms of Use. The Service is owned or controlled by SC Eventur Events SRL (“Provider”). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

Terms of Use represent contractual document intervened between Provider and the users who are using and accessing Bucharest City App.

 

Your Service Account

You must be at least 18 years old for using the Service.

You may create your own Service Account, or your Service Account may be assigned to you by an administrator, such as your employer. If you are using a Service Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.

To protect your Service Account, keep your password confidential. You are responsible for the activity that happens on or through your Service Account. Try not to reuse your Service Account password on third-party applications.

 

Your Content in the Service

Some components of the Service allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

When you upload, submit, store, send or receive content to or through the Service, you give Provider (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with the Service), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the Services, and to develop new ones. 

This license continues even if you stop using the Service. Some components of the Service may offer you ways to access and remove content that has been provided to that Service. Also, in some components of the Service, there are terms or settings that narrow the scope of our use of the content submitted in those components of the Service. Make sure you have the necessary rights to grant us this license for any content that you submit to the Services.

Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.

If you have a Business Account, we display your Profile name, Profile photo, locations, offers, events and other actions you take on the Service, including displaying in ads and other commercial contexts.

You can find more information about how Service uses and stores content in the privacy policy or additional terms for particular services. If you submit feedback or suggestions about the Service, we may use your feedback or suggestions without obligation to you.

 

Using the Service

You must follow any policies made available to you within the Service.

Don’t misuse the Service. For example, don’t interfere with the Service or try to access them using a method other than the interface and the instructions that we provide. You may use the Service only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing the Service to you if you do not comply with our Terms of Use or Policies or if we are investigating suspected misconduct.

Using the Service does not give you ownership of any intellectual property rights in the Service or the content you access. You may not use content from the Service unless you obtain permission from its owner or are otherwise permitted by law. These Terms of Use do not grant you the right to use any branding or logos used in the Service. Don’t remove, obscure, or alter any legal notices displayed in or along with the Service.

The Service display some content that is not Provider’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

In connection with your use of the Service, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Do not use the Service available on mobile devices in a way that distracts you and prevents you from obeying traffic or safety laws.

 

Intellectual property rights (IPR)

Intellectual property rights (IPR) are all intangible rights, such as copyright, know-how, database rights, design rights, model rights, patents, trademarks and domain name registrations.

The Service is protected by international conventions and national law on copyright as well as international trade provisions.

All content, including graphic layout, text, images, illustrations, graphics, audio or video clips are parts of the trademarks, service marks, copyright and/or other intellectual property rights or parts of the licenses held by Provider or his partners or other third parties who have licensed their materials to Provider. 

Logos, names of goods and Service as well as offers that belong collaborators of Provider are the property of respective owners and they have full rights and obligations on them.

The user of Service cannot copy, download, reproduce, modify, distribute, transmit, transfer or create derivative works from the content of Service without direct written permission from Provider.

By accessing the website, the user of Service agrees to protect, to ensure, to defend and to consider Provider innocent against all losses, expenses, damages and costs resulting from failure to follow these Terms of Use by him.

If the user of Service notifies or believes that any material on this website, published by Provider or by someone else, violates copyright or any other rights, may contact Provider at email address contact@bucharestcityapp.com, in order to take a decision as quickly as informed.

 

Permissions & Responsibilities

The users of Service are directly responsible for:

  • any content that they enter via Service
  • sharing the profile of entity for which they were granted an Bucharest City App user account with other users invited through the Platform to contribute with content to their profile. In turn, these users will not be able to access the Platform only after accepting these Terms of Use
  • all activities within the Platform, as creating, editing, modifying or deleting content, that are made under their username, Provider reserving his right to intervene on such content, sending it in case of the requirements set out in this document are not met

The users of Service are not allowed:

  • to register in the Platform any content that is illegal, harmful, threatening, abusive, harassing, defamatory, pornographic, privacy invasive or affecting the minors in any way
  • to register in the Platform as events content which represents promotions or offers of Service, products or any kind of activities involving marketing of goods or Service over a period of time no matter how long it is. For this type of content, it can be used the sections of Offers, Promotions, Menu or Products within the Platform, according to the contract that they signed with Provider
  • to introduce in the Platform content which includes private information or identifies a third party without its express consent
  • to introduce content which is false, deceptive, misleading, confusing or misinformed
  • to use the Platform for illegal or unauthorized purposes
  • to modify, to adapt or to exploit the security of the Platform as well as to modify another website in order to induce false impression that is associated with Bucharest City App
  • to create and send unsolicited emails to any other users of the Platform or applications that derive from it ("SPAM").

 

If the user of Service is not a Romanian citizen or resident in Romania, he is obliged to submit to Romanian laws regarding conduct and content acceptable in online media.

The user of Service agrees that Provider take content created and edited by him in order to send it to third web and mobile applications that displays the content of Platform.

 

About Software in the Service

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

Bucharest City App gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Provider as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefits of the Service as provided by Provider, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of the Service or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Open source software is important to us. Some software used in the Service may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.

 

Modifying and Terminating the Service

We are constantly changing and improving the Service. We may add or remove functionalities or features, and we may suspend or stop a part of the Service altogether.

You can stop using the Service at any time, although we’ll be sorry to see you go. Provider may also stop providing the Service to you, or add or create new limits to the Services at any time.

We believe that you own your data and preserving your access to such data is important. If we discontinue a part of the Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

 

Our Warranties and Disclaimers

We provide the Service using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about the Service.

Other than as expressly set out in these Terms of Use, neither Provider nor its suppliers or distributors make any specific promises about the Service. For example, we don’t make any commitments about the content within the Service, the specific functions of the Service or their reliability, availability or ability to meet your needs. We provide the Service “AS IS”.

Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.

 

Liability

Provider cannot be responsible for damages of any kind, which the user of Service or any third party may suffer as a result of the fulfillment by Provider of any of his obligations under the Terms of Use as formulated and under the order.

Provider shall not be responsible if the subcontractors and/or his partners of any kind involved in executing of order, do not fulfill any of their contractual obligations.

 

Force majeure

Neither party shall be liable for failure to perform its contractual obligations if such failure is caused by an event of force majeure.

Force majeure is unforeseeable and unavoidable, beyond the parties, noted as such under the laws in force.

 

Applicable law. Jurisdiction

These Terms of Use are subject to national laws in force. Any disputes between Provider and the user of Service shall be settled amicably or, where this is not possible, disputes will be settled by the competent national courts.

 

Additional Terms of Use for Business Users

If you are using the Service on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Provider and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Service or violation of these Terms of Use, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorney's’ fees.

Price and payment method are specified in the order.

Order is the electronic document (email, invoice, etc.) that comes as form of communication between Provider and the Business User Account, whereby Business User Account expresses its intention to purchase a Business Account from Provider.

Business Account payment will be made at the beginning of each period for which the user of Service chooses to use the Business Account.

Payment is based on the invoice issued by Provider, according to the time required by the user of Service.

After payment confirmation of invoice, Provider shall issue and send the appropriate bill, which is purchase account confirmation for the time specified in the invoice.

The user of Service is obliged to provide all necessary information for invoice in accordance with law.

In case of acquisition of several months of use account by the user of Service, Provider may apply discounts, which will operate directly in the invoices.

 

Quitting Account

In the case that user of Service renounces at Business User Account after payment, the amount paid by him will not be refunded.

The user of Service could cease the payment account at any time, but without being able to request the return of any amounts previously paid.

If the user of Service does not renew the account after a period of time, the account is automatically suspended at the end of the last day of that period for which the account was purchased.

 

About these Terms of Use

We may modify these Terms of Use or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to the Service. You should look at the terms regularly. 

Changes will not apply retroactively and will become effective no sooner than 10 days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these Terms of Use and the additional terms, the additional terms will control for that conflict.

These Terms of Use control the relationship between Provider and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

For information about how to contact Provider, please visit our contact page.