Welcome to Mapflakes! I hope you will enjoy using it and that it will bring you lots of exciting moments wherever you are in the world. Share the places you love, so that no one shall miss out!
Welcome once again – and have fun!
Founder of Mapflakes
Version 3.0, effective as of March 1, 2017
General and definitions
Mapflakes is owned and operated by MapflakesApS, Danish Central Company Register # 3796 9958, with headquarters in DK 8000 Aarhus C, Denmark.
In The Agreement is described how The Provider collects, uses, discloses, transfers, protects and stores personal information related to The Providers mobile applications, websites and software provided by The Provider as Mapflakes-services, hereafter “The Service”, “Service”, “Services”.
When using The Providers Services, The User understands and accepts that The Provider is providing a Service, an application, website, or its equivalent, where The User can add content in the form of pictures, descriptions, commentaries and/or other material, hereafter “Content”. The Content is shared in public by The Service. This means, that other Users can use, search for, and share all Content that The User is adding using The Service according to The Agreement.
Access and sign-up to The Service
The User gains access to The Service by creating a user profile. The user profile can be created automatically by accessing through Facebook® or manually by using The User’s e-mail address. The User promises that any registration information The User submits to The Provider is true, accurate, and complete, and will notify The Provider should the information change.The Provider retains all rights to terminate The User’s profile in case the registration information proves incorrect.
The information The User passes on directly to The Provider is as follows:
The Provider may use The User’s information for the purposes of:
The Provider will not hand over personal User information to a third party outside Mapflakes.
The Provider retain the right to extract statistical information based on the use of The Service and hand over these statistics to third parties with whom The Provider cooperates.
Regardless of The User’s country of permanent or temporary residence, The User accepts that The Provider and/or The Providers suppliers will use, transfer and store all personal data in Denmark and/or other countries where The Provider or its associates operate.
The User can terminate the user profile by sending an email to email@example.com writing “Delete profile” in the subject line.
Confidentiality and security
The Service can only be accessed using the application. The User confirms when agreeing to The Agreement, that the used device(s) is protected properly with code word and/or biometric means to ensure, that The User alone can access the user profile used for The Service.
The Provider retains the right to gain access to The Users profile, information and/or Content in order to secure the proper functioning of The Service, including but not limited to assist The User and/or act in case of The Users and/or a third party’s abuse of The Service.
The User accepts that he or she is solely responsible for omissions or actions taken or not taken through his or her user profile. Should a User notice or suspect unauthorized use of his or her user profile, The User is obliged to inform The Provider without delay.
The User is responsible for his/her Use of The Service, for all Content added to The Service and for all subsequentconsequences. The majority of added Content is per default public and can be viewed and used by other Users and through third party services and websites.
Should The User remove or delete Content and/or his/her own user profile, copies may still be active on The Service, e.g. if other Users or third parties have copied or saved Content.
Other Users can share The User’s Content unless The User has marked it as “Private”. Other Users can furthermore share information about The User by tagging The User in The Service’s Content. The Provider cannot protect information and/or Content added by The User to The Service nor guarantee, that a backup of Content exists.
The Provider is not responsible for the functioning, protection of personal data, nor security of third party companies.
The Users employment of The Service
The Provider retains the right to change or close The Service and/or The User’s access to The Service at any time, no matter the reason, without warning and without accepting any liability to The User.
The Provider retains the right to remove, edit, block, and/or survey Content or user profiles, should material be deemed inappropriate, by The Provider’s standards. The User accepts, that it is The User,solely, who is responsible for all Content added to The Service through his/her profile. Thus, it is The User’s responsibility to ascertain that Content added to The Service does not violate the rights of third parties and that Content is not violating applicable laws in the relevant countries.
The User accepts, that The Provider is not responsible for screening, supervising, editing nor approving Content added to The Service.
The Provider cannot be held responsible nor financially reliable for any loss, inconvenience, damage, or destruction directly or indirectly connected to the use of The Service.
The Provider cannot be held responsible for The User’s actual or perceived description of experiences, places etc. If Users knowingly or unknowingly make wrong or misleading descriptions The Provider cannot be held responsible. The Provider is justified, but not obligated to correct mentioned descriptions, and may terminate The User’s profile without warning.
The User accepts that text, pictures, video, graphics, logos, icons, visual expression, and/or other material, that directly or indirectly is part of The Service, including The Providers website, is or can be protected according to Danish and/or international law regulating copyright, design, trademarks and/or other laws or statutes.
When adding Content such as text, pictures, video, graphics, logos, icons, and/or other material, The User accepts that all rights have been transferred to The Provider with the limitations described in The Agreement. The Provider thus has unlimited rights to use all Content in marketing Mapflakes.
Any unauthorized use of The Provider’s intellectual property will be pursued legally. This includes, but is not limited to, unauthorized changing, copying, reproducing, displaying, publicizing, and spreading of The Provider’s material in part or total.
The User understands and accepts, that all use of The Service is under The User’s full and sole responsibility. The Provider does not vouch for the use of The Service for any other purpose than intended. The Provider cannot be held responsible for the access, quality, and/or suitability for purposes not explicitly recognized by The Provider in The Agreement.
The Provider cannot guarantee, that The Service will or can fulfill the demands and expectations of The User. The Providercannot guaranteethat The Service shall always be delivered continuously, timely, flawlessly, nor that possible malfunctions will or can be corrected.
The Provider is not responsible for policies, practice, content and information of other websites or services, accessible through links on The Provider’s Service. If The User uses a link leading outside The Provider’s ServiceAgreement, the Provider’s protection of personal information is no longer effective. The User accepts, that The Provider is not responsible for, nor has control over thirds parties, whom The User gives access to his/her own Content.
Termination of Use
The User understands and accepts, that The Provider is justified in terminating The User’s access to The Service without prior warning in case of The User violating The Agreement.
The Provider’s transferal of rights
The Provider can without prior warning transfer all rights and/or obligations to a third party.
Third party rights
If the App is downloaded from the Apple, Inc. (“Apple”) App Store or if The User is using the App on an iOS device, The User acknowledges that The User has read, understood, and agreed to the following notice regarding Apple. This Agreement is between The User and Mapflakes only, not with Apple, and Apple is not responsible for The Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to The Service. In the event of any failure of The Service to conform to any applicable warranty, then The User may notify Apple and Apple will refund any applicable purchase price for the App to The User; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to The Service. Apple is not responsible for addressing any claims by The User or any third party relating to the Service or The Users possession and/or use of The Service, including, but not limited to: (1) product liability claims; (2) any claim that The Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim That the Service and/or The User’s possession and use of the App infringe that third party’s intellectual property rights. The User agrees to comply with any applicable third party terms, when using The Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon The User’s acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against The User as a third party beneficiary of this Agreement. The User hereby represents and warrants that (1) The User is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) The User is not listed on any U.S. Government list of prohibited or restricted parties.
Change of The Agreement
The Provider may, at The Provider’s discretion, make changes to The Agreement. In case of material changes to The Agreement, The Provider will provide The User with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within The Service or by sending The User an email. In some cases, The Provider will notify The User in advance, and the continued use of the Service after the changes have been made will constitute The User’s acceptance of the changes. The User must therefore make sure to read any such notice carefully. If The User does not wish to continue using the Service under the new version of the Agreements, The User may terminate The Agreement by sending an email to firstname.lastname@example.org writing “Delete profile” in the subject line.
Choice of law
This Agreement is subject to the law of Denmark. Any dispute, claim, or controversy that arises in connection with The Agreement must be settled by the regular courts of Denmark.
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