TERMS AND CONDITIONS OF USE FOR THE APPLICATION “DATS”

These Terms and Conditions of use (hereinafter the “Terms and Conditions” or the “Terms”) 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 WC2H 9JQ, London, United Kingdom (hereinafter “DATS APP”), which allows users who have downloaded DATS on their mobile device and have created a profile (hereinafter the “Users”) to carry out the following activities: discover places and guides (collection of places) in different cities; search for any place around the world and access detailed information about it; save places as private (visible only to the User) or public (visible to the whole DATS community); comment a place (the text of any comment is always visible to the whole DATS community and may be of a maximum length of 160 characters); share places outside the app with any person, pursuant to these Terms and Conditions and its relative limitations.
You may use the services provided by DATS APP only if you agree to this Terms and Conditions and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 13 years old.
If you violate these Terms and Conditions for any reason, DATS APP may remove your profile and take any other necessary action to protect its rights and interests.

1. Privacy
Our Privacy Policy (hereinafter “Privacy Policy”) describes how we handle the information you provide to us when you use DATS APP. You understand that through your use of the services provided, you consent to the collection and use (as set forth in the Privacy Policy) of this information.

2. Access to and Use of DATS

2.1. In order to use DATS, after downloading the application on your mobile device, you must register by creating your profile. After you have created your profile, you will be able to carry out the following activities: discover places and guides (collection of places) in different cities; search for any place around the world and access detailed information about it; save places as private (visible only to the User) or public (visible to the whole DATS community); comment a place (the text of any comment is always visible to the whole DATS community and may be of a maximum length of 160 characters); share places outside the app with any person, pursuant to these Terms and Conditions and its relative limitations.

2.2. 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: nickname/username, email address and password. Through your profile settings, you can also provide optional information regarding your sex, bio and city. You may also register your profile by using the Facebook “Facebook Connect” function, provided that you give your consent to access your Facebook profile and to your contacts thereto.

2.3. By downloading DATS, registering your profile, and using DATS, you represent and warrant that:
➢ you are older than 13 years old;
➢ you have read DATS Privacy Policy;
➢ you have read DATS Terms and Conditions carefully;
➢ you have agreed to be bound by DATS Terms and Conditions;
➢ you possess the necessary faculties to respect these Terms and Conditions;
➢ you agree to be solely and exclusively responsible for your use of DATS and any activity on your DATS profile;
➢ 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.

2.4. 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 customercare@datsapp.com. 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).

3. How DATS Works

3.1. Once you have downloaded the application, accessed DATS, completed your registration, and created your profile, you may use DATS functionalities.

3.2.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.

3.3.In particular, you may discover places and guides (collection of places) in different cities; search for any place around the world and access detailed information about it; save places as private (visible only to the User) or public (visible to the whole DATS community); comment a place (the text of any comment is always visible to the whole DATS community and may be of a maximum length of 160 characters); share places outside the app with any person, pursuant to these Terms and Conditions and its relative limitations.

4. Your account

4.1. You must create an account to use our services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

4.2. You can control most communications from the services provided by DATS. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the services and your account, and you may not be able to opt-out from receiving them.

4.3. You are responsible for your use of the services and for any content you provide, including compliance with applicable laws, rules, and regulations. You should only provide content that you are comfortable sharing with others.

4.4. Any use or reliance on any content or materials posted via the services or obtained by you through the services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the services or endorse any opinions expressed via the services. You understand that by using the services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All content is the sole responsibility of the person who originated such content. We may not monitor or control the content posted via the services and, we cannot take responsibility for such content.

5. Your content

5.1. You retain your rights to any content you submit, post or display on or through the services. By submitting, posting or displaying content on or through the services, you grant us a worldwide, nonexclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods. This license authorizes us to make your content available to other Users registered with DATS. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you submit, post or display on or through the services. You agree that such content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant DATS APP the relevant license.

6. Contents Responsibility

6.1. 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 comments 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.

6.2. 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.

6.3. 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 customercare@datsapp.com, any content that violates DATS’s Terms and Conditions or that violates any applicable law.

7. DATS APP’s Industrial and Intellectual Property Rights

7.1. 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.

7.2. DATS gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the services. This license has the sole purpose of enabling you to use and enjoy the benefit of the services as provided by DATS, in the manner permitted by these Terms and Conditions.

7.3. The services provided by DATS APP are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms and Conditions gives you a right to use the DATS name or any of the DATS trademarks, logos, domain names, and other distinctive brand features. All rights, titles, and interests in and to the services (excluding content provided by Users) are and will remain the exclusive property of DATS APP and its licensors. Any feedback, comments, or suggestions you may provide regarding DATS APP, or the services provided by the latter is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

7.4. 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.

8. Limitations to the Use of DATS

8.1. 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.

9. Your Personal Information
DATS APP undertakes to process your personal information pursuant to the applicable law. You may find all the relevant information regarding DATS APP’s processing of your personal information in the Privacy Policy, which is available at www.datsapp.com/tc Anyone who wants to create his or her own DATS profile shall first consult and carefully read the Privacy Policy.

10. Limitation of Responsibility

10.1. 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.

10.2. 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.

10.3. 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.

10.4. 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.

11. Deleting your Profile

11.1. You may delete your profile at any time by contacting DATS APP at customercare@datsapp.com. DATS APP reserves itself the right to deactivate profiles that remain inactive for a continuous, uninterrupted period of time exceeding 1 year (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.

11.2. 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.

12. Amendments to the Terms and Conditions

12.1. DATS may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be on DATS website and on DATS APP, will govern our relationship with you. Other than for changes addressing new functions or made for legal reasons, we will notify you changes to these Terms that impact the rights or obligations of any party to these Terms, for example via a service notification or an email to the email associated with your account. By continuing to access or use the services provided by DATS APP after those revisions become effective, you agree to be bound by the revised Terms.

12.2. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. DATS’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. 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.

12.3. 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 and delete your profile registered within DATS.

12.4. DATS is constantly evolving. If in the future DATS were to provide additional services and prescribe specific terms of use for them, and if you decide to use such services, you will have to accept, and you will be subject to their relative terms of use as well.

13. Ending these Terms and Conditions

13.1. You may end your legal agreement with DATS at any time by deactivating your accounts and discontinuing your use of DATS APP. Please refer to the Privacy Policy for more information on what happens to your information.

13.2. We may suspend or terminate your account or cease providing you with all or part of the services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms and Conditions; (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct; (iv) your account should be removed due to prolonged inactivity; or (v) our provision of the services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. If you believe your account was terminated in error you can contact us by sending an e-mail at the following address: customercare@datsapp.com.

14. Miscellaneous

14.1. 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.

14.2. 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.

14.3. 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.

14.4. 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.

14.5. 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.

Last update: June 7th, 2018
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