Version Date: 19 March 2014
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SERVICE.
1. ACCEPTANCE AGREEMENT
1.1. The terms and conditions of use (herein referred to as “Agreement” or “Terms and Conditions of Use”) represent a legally binding agreement made between you, (herein referred to as “You”) and the Service Owner (herein referred to as “Service Owner” or “We”, “Us”, “Our”, “Voyagery”), concerning the conditions of your access to and use of the Voyagery Service.
1.2. www.voyagery.com (the “Voyagery Site”), the Voyagery software, including Voyagery App (collectively, including all content provided by Voyagery through Voyagery App and the Voyagery Site, the “Voyagery Service”, or the “Service”) is property of Innobyte Solutions (herein “Service Owner”), with its headquarters in Romania, Bucharest, Regiei Bd., no. 6B, bl. 2, 4th floor, office no. 2, sector 6.
1.3. The Service Owner is registered as Operator of Personal Data under the Romanian legislation and authorities, having the following registration data:
Registration Number 14890/2009.
1.4. The services that Innobyte provides to you are subject to the following Terms and Conditions of Use. Innobyte reserves the right to update the Terms and Conditions of Use at any time without notice to you.
1.5. You affirm that you are either more than 18 years of age or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions of Use, and to abide by and comply with these Terms and Conditions of Use. BY USING THE SERVICE, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE OR TO THE MODIFICATIONS THAT THE SERVICE OWNER MAY MAKE TO THIS AGREEMENT IN THE FUTURE. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.
2. USER REPRESENTATIONS
2.1. These terms and conditions of use apply to all users of the Voyagery Service, including the users who provide information to the Voyagery Service. The Voyagery Service may contain links to third party websites that are not owned or controlled by Voyagery. Voyagery assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Service, you expressly acknowledge and agree that Voyagery shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
2.2. Subject to your compliance with these Terms and Conditions of Use, Voyagery grants you a limited, non-exclusive, non-transferable access of the Voyagery Service. You are only permitted to make personal and non-commercial use of the Voyagery Service.
2.3. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide Voyagery with your mobile phone number. You expressly acknowledge and agree that in order to provide the Service, Voyagery may periodically access your contacts list and/or address book on your mobile device to find, keep track and match mobile phone numbers with the schedule submissions of other users of the Service. When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to Voyagery to access your contact list and/or address book for mobile phone numbers in order to provide and use the Service. We do not collect names, addresses or email addresses, just mobile phone numbers and those as encrypted data which we cannot decrypt. You are solely responsible for the information that you submit and that are displayed for your mobile phone number on the Voyagery Service. You must notify Voyagery immediately of any breach of security or unauthorized use of your mobile phone. Although Voyagery will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Voyagery or others due to such unauthorized use.
3.1. By using the Voyagery Service you acknowledge and agree that you are not permitted to:
a) resell or any commercial use of any Voyagery Service, or its contents;
b) any derivative use of any Voyagery Service or its contents;
c) reproduce, duplicate, copy, sell, resell, give access to the Service, decipher, decompile, disassemble, reverse engineer, alter or modify any part of the Service or otherwise exploit any Voyagery Service for any commercial purpose without express written consent of Voyagery;
d) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Voyagery without express written consent;
e) use data mining, robots, or similar data gathering and extraction tools, including but not limited to, wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content etc;
f) regarding the Schedule Submissions under Section 4 herein, you are not permitted to gain unauthorized access to the Service or its related systems or networks;
g) send or store material containing software viruses, worms, Trojan horses, spyware, malware or other harmful computer code, files, scripts, agents or programs;
h) post advertisements or solicitations of business;
i) submit material that is unlawful, obscene, defamatory, threatening, harassing, slanderous or is otherwise inappropriate;
j) submit material that is copyrighted or otherwise subject to third party proprietary rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Voyagery all of the license rights granted herein;
k) submit false material that could damage Voyagery or any third party;
l) attempt to impersonate another person;
m) use the Username of another person;
n) use the Service in a manner inconsistent with any and all applicable laws and regulations.
4. INTELLECTUAL PROPERTY RIGHTS
4.1. By using the service you acknowledge and agree that the design of the Voyagery Service along with Voyagery created text, scripts, graphics, interactive features and the like, trademarks, service marks and logos contained therein are property of Voyagery, subject to copyright and other intellectual property rights under Romanian and foreign laws and international conventions.
4.2. The Service’s trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written consent of the Service Owner.
4.3. THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. VOYAGERY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR OTHER SERVICES IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. You are not permitted to use, copy, distribute any of the Service including the use, copy, distribution of the Status Submissions of third parties obtained through the Service for any commercial purposes.
4.4. Voyagery expressly disclaims any and all liability in connection with Schedule Submissions. Voyagery does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and will remove all content and Submissions if properly notified that such content or Submission infringes on another’s intellectual property rights. Voyagery reserves the right to remove content and Submissions without prior notice and also terminate a user’s access to the Service, if they are determined to be a repeat infringer, or for any or no reason. Voyagery also reserves the right to decide whether content or a Submission is appropriate and complies with these Terms and Conditions of Use for violations other than copyright infringement and violations of intellectual property law, such as, without limitation to, excessive length or limited interest. Voyagery may remove such Submissions and/or terminate a User’s access for uploading such material in violation of these Terms and Conditions of Use at any time, without prior notice and at its sole discretion.
4.5. By using the service you acknowledge and agree to waive any legal or equitable rights or remedies you have or may have against Voyagery with respect to any damages caused by exposure to Schedule Submissions from a variety of sources, including but not restricted to contacts that have your phone number.
4.6. The Service Owner has the right, in its sole and absolute discretion, to edit, revise or otherwise change any Schedule Submissions, prescreen or delete any Schedule Submissions that are determined to be inappropriate or otherwise in violation of this Agreement.
5. WARRANTY DISCLAIMER
5.1. VOYAGERY DOESN’T MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. VOYAGERY DOESN’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
5.2. YOU SPECIFICALLY ACKNOWLEDGE THAT VOYAGERY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. Voyagery is not responsible for any third party submissions accessed through the Service, including the content, accuracy, opinions, reliability, privacy practices or other policies of or contained in the third party submissions.
5.3. You agree to defend, indemnify and hold harmless Voyagery, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: your use of and access to the Service; your violation of any term of these Terms and Conditions of Use; your violation of any third party right, including without limitation any copyright, property, or privacy right; or any claim that one of your Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions of Use and your use of the Service.
5.4. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE OWNER ASSUMES NO RESPONSIBILITY, WITHOUT LIMITATION, FOR ANY:
a) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE VOYAGERY SERVICE;
b) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
c) ANY FORTUITOUS EVENT.
6. NOTICES AND GOVERNING LAW
6.1. Any notices given to the Service Owner shall be given in writing in the Romanian language or, if in another language, accompanied by a Romanian translation thereof and will be communicated at the address presented herein through written letter with confirmation upon receival.
6.2. These Terms and Conditions of Use shall be governed by the internal substantive laws of Romania, without respect to its conflict of laws principles. Any claim or dispute between you and Voyagery that arises in whole or in part from the Voyagery Service shall be decided exclusively by a court of competent jurisdiction located in Bucharest, Romania, respectively at the owner’s headquarters. Therefore, you agree to subject to the jurisdiction of Romania in the event of any legal dispute.
6.4. YOU AND VOYAGERY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE VOYAGERY SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
7. AGREEMENT TERMINATION
7.1. This Agreement shall remain in full force and effect while you use the Voyagery Service or are otherwise a user of the Service. You may terminate your use or participation at any time.
7.2. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, THE SERVICE OWNER RESERVES THE RIGHT TO, IN THE SERVICE OWNER’S SOLE DISCRETION AND WITHOUT ANY LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, WITHOUT WARNING, COURT INTERVENTION, OR ANY OTHER FORMALITY.
8. GOVERNING LAW AND SETTLEMENT OF DISPUTES
8.1. This Agreement shall be governed by and construed pursuant to the laws of Romania.
8.2. Any dispute arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the Romanian courts.
9. FINAL PROVISIONS
9.1. The failure of the Service Owner to exercise or enforce any right or provision of these Terms and Conditions of Use shall not operate as a waiver of such rights or provision.
9.2. The section titles herein are for convenience only and have no legal or contractual effect.