Terms and conditions
TERMS AND CONDITIONS OF USE FOR THE APPLICATION "DATS"
These terms and conditions of use (hereinafter the “Terms and Conditions”) govern the use of the mobile application “DATS” (hereinafter “DATS”) provided and owned by the company DATS APP LTD., Company number 10246447, with registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom (hereinafter “DATS APP”), which allows users who have downloaded DATS to their mobile device and created a profile (hereinafter the “Users”) to carry out the following activities: research information regarding places and activities in different cities, save bookmarks, publish their tips and share them either with selected Users or with DATS’ community, pursuant to these Terms and Conditions and its relative limitations. By installing DATS on your mobile device, you accept these Terms and Conditions. If you violate these Terms and Conditions for any reason, DATS APP may remove your profile and take any other necessary actions to protect its rights and interests.
Access to and Use of DATS
In order to use DATS, after downloading this application onto your mobile device, you must register with it by creating your profile. Through your profile, you will be able to research information regarding places and activities in different cities, save bookmarks, publish your tips and share them either with selected Users or with DATS’ community. In order to create your DATS profile, you must fill out the registration form. The personal information requested in the registration form is the following: first and last name, email address and date of birth. Through your profile settings, you can also provide optional information regarding your sex and city. You may also fill out the form and register your profile by using the Facebook “Facebook Connect” or Twitter “Twitter Connect” function, provided that you give your consent to access your Facebook and/or Twitter profile and to your contacts thereto. DATS may also access your IPhone contacts details, provided that you give your consent to such access.
By accessing DATS, registering your profile, and using DATS, you represent and warrant that:
i. you are older than 18 years old;
ii. you have read DATS Terms and Conditions carefully;
iii. you have agreed to be bound by DATS Terms and Conditions;
iv. you possess the necessary faculties to respect these Terms and Conditions;
v. you agree to be solely and exclusively responsible for your use of DATS and any activity on your DATS profile;
vi. you commit to observe DATS Terms and Conditions as well as any regulation that applies to your relationship to DATS APP and/or other DATS Users.
You are solely responsible for the security of your profile; therefore, you will be solely responsible for the activities conducted by and on your profile. You must immediately inform DATS APP of any unauthorized use of your profile by sending a notification to the email address firstname.lastname@example.org. The download and use of DATS is free, but you must sustain all costs associated with your Internet connection (including those for the instruments that provide an Internet connection), since you can use DATS only by accessing Internet networks.
How DATS Works
Once you have downloaded the application, accessed DATS, completed your registration, and created your profile, you may use DATS functionalities. Please note that DATS will locate your mobile device, provided that you have given your consent to such geolocation, in order to show your distance to the places and activities of your interest. In particular, you may research information regarding places and activities in different cities, save bookmarks, publish your tips.
The text of any tips may be of a maximum length of 160 characters. You can share any opinion published on DATS either with selected Users or with DATS’ community; you can also share your tips on your Facebook and Twitter profile.
You are solely responsible for your use of DATS and for any contents published therein. By using DATS, you acknowledge that the texts of the opinions published and accessible to other DATS Users are the sole and exclusive responsibility of the Users with whom such content originates. By using DATS, you undertake not to publish or share any contents, statements or representations that is or may turn out in any way to be inappropriate, offensive, discriminatory, obscene, vulgar, and/or sexually explicit, or that is otherwise likely to violate or harm the rights of other Users and/or of third parties.
By using DATS, you acknowledge and accept that, despite what DATS APP prescribes, you may encounter content that is offensive, indecent, or otherwise subject to censure. As a provider of interactive services, DATS APP takes no responsibility and assumes no liability for any contents, statements or representations posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is DATS APP liable for any mistakes, defamation, slander, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
Although DATS APP has no obligation to screen, edit or monitor any of the contents posted to or distributed through DATS, DATS APP reserves itself the right to remove, upon notification by other Users to email@example.com, any contents that violates DATS’s Terms and Conditions or that violates any applicable law.
DATS APP’s Industrial and Intellectual Property Rights
DATS and all its content (including but not limited to any copyright and related rights, business names, trademarks and any associated goodwill, rights in relation to domain names databases and other intellectual property rights, whether registered or unregistered, existing now, in the future or anywhere in the world, with the sole exclusion of the contents that are generated, published and/or distributed by the Users and that belong to them, hereinafter “Users Generated Content”) are the property of DATS APP and are protected by the applicable laws governing copyright and industrial and intellectual property.
Solely for the purpose of using DATS, DATS APP grants you a limited, personal, non-transferable, non-exclusive, and revocable license to use DATS in accordance with these Terms and Conditions and all applicable laws. Recall that this license will be immediately revoked in case of any breach of these Terms and Conditions and/or the law.
With regards to the contents that are DATS APP’s property, you shall only consume them on DATS. Without prejudice to the specific provisions in these Terms and Conditions, you may not: (i) use, reproduce, copy, modify, adapt, publish, transmit, distribute, execute, download, enter into a database, create derivative works, decode, transfer, distribute, or sell DATS, any of its parts, or any of its content that is the property of DATS APP; (ii) use “robots”, “spiders,” and other programs, algorithms, or methods to access, acquire, or copy any part of DATS; (iii) use DATS for commercial purposes or, more generally, for purposes other than its own stated purpose.
Limitations to the Use of DATS
You may not use DATS, nor publish and/or share any content:
- for illegal or unauthorized purposes;
- in breach of the rights of other Users and/or of third parties;
- to process the personal information of other Users in the absence of their explicit consent;
- to upload, publish, send via email, or in any other way transmit or distribute advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized and unrequested solicitation;
- to transmit “worms” and other viruses and/or any destructive code that otherwise interferes with DATS functioning;
- for commercial purposes or for purposes other than those allowed by these Terms and Conditions;
- in breach of these Terms and Conditions or any applicable regulation of law.
Your Personal Information
Limitation of Responsibility
DATS is provided “as is” and “as available.” DATS APP does not accept any liability regarding the use and availability of DATS, and it does not guarantee that DATS and its functionalities will be provided uninterruptedly, punctually, securely, and/or free of errors, nor that any errors will be corrected. Likewise there is absolutely no guarantee of DATS’s marketability or suitability for particular purposes or qualities.
Any content is accessible from or through DATS at your sole, exclusive risk, and you are solely responsible for any damage to your computer or for the loss of data obtained by downloading such materials or by using DATS. DATS APP does not control and cannot control the Users Generated Content, and, therefore, it is not responsible and does not guarantee that DATS will meet your needs. The contents accessible from or through DATS is not meant to constitute DATS APP’s recommendation or advice, nor DATS APP will be responsible for the use that you make of Users Generated Contents or of any other contents.
By using DATS, you declare and agree: (i) to indemnify and hold harmless DATS APP, as well as any entities connected to it or controlled by it, its representatives, employees, and any commercial and other types of partners against any obligation to compensation, including legal expenses, that may derive from content transmitted or sent via DATS by other DATS users, and more generally from any use thereof, against any violation of regulations governing such use and/or any violation of the rights of third parties that you may commit as a result of using DATS; (ii) that DATS APP, as well as any entities connected to it or controlled by it, its representatives, employees, and any commercial and other types of partners will not be responsible for any direct and/or indirect damage, including, merely as an example, damage for loss of data resulting from the use or inability to use DATS.
You may delete your profile at any time by contacting DATS APP at firstname.lastname@example.org. DATS APP reserves itself the right to deactivate profiles that remain inactive for a continuous, uninterrupted period of time exceeding 1 (one) year, as well as all profiles that violate any of these Terms and Conditions or any regulation of law applicable to the relationship with DATS APP. Should you decide to delete your personal information and/or your DATS profile, or if DATS APP decides to remove your profile in accordance with the foregoing provisions, DATS APP will delete any of your personal information in its possession.
Amendments to the Terms and Conditions
DATS APP reserves itself the right, at its sole discretion, to amend, suspend, and/or terminate these Terms and Conditions, as well as to amend, suspend, and/or cease to provide the service offered through DATS and/or any part thereof at any moment, for any reason, with or without advance notice. DATS APP will not have any responsibility for the suspension, amendment, and/or termination of DATS and its related services.
DATS APP will notify you in the case of substantial amendments to these Terms and Conditions by sending an email message to the address provided upon registering your profile. Any amendments and/or new conditions shall come into force starting from the date of their publication. Users are therefore invited to read the most recent version of the Terms and Conditions.
The continued use of DATS constitutes acceptance of any amendments to DATS’s Terms and Conditions; if you do not want to accept these amendments, you must immediately stop using DATS.
These Terms and Conditions, together with the statement on the processing of personal information, constitute the sole agreement between you and DATS APP regarding the purpose contemplated therein, and they prevail over any other agreement, written or oral, that may have been previously made between you.
Should any part of these Terms and Conditions be declared invalid, unenforceable or not effective by a competent court or regulator, this shall not affect the validity of any remaining portion which (if legally permitted) shall remain in full force and effect as if the invalid portion of the Terms and Conditions had been eliminated. DATS APP’s failure or delay in exercising a right granted it by the law or attributed to it by these Terms and Conditions does not in any way constitute a waiver of that right.
By accepting these Terms and Conditions, you consent to DATS APP’s transfer of its own obligations to companies belonging to its same group or to affiliated, subsidiary, or parent companies, without your having to be notified of this transfer beforehand. You may not transfer your obligations arising from these Terms and Conditions to third parties without DATS APP’s prior written consent.
These Terms and Conditions are governed by English law. To the maximum extent legally permitted, any dispute that may arise over these Terms and Conditions will be subject to the exclusive jurisdiction of the Courts of England and Wales. You may require any clarifications on these Terms and Conditions, ask for assistance or submit complaints, by contacting DATS APP at email@example.com.