End User Terms of Service
1 September 2020
End User: an individual that is using the zoomguide Service to access Content.
Content: the information on specific objects or places of interest, provided in the form of multimedia material, such as text, images, video and audio and any other form, developed by content providers with or without the assistance of zoomguide's content management system and made available to the End User through the zoomguide Service;
Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
- The Terms of Service apply to all agreements between zoomguide and the End User and to each and every use made by the End User of the zoomguide Service.
- zoomguide is at all times authorized to amend or supplement these Terms of Service. The most up-to-date Terms of Service can always be found on https://zoomguide.app/legal/terms . If the End User continues to use the zoomguide Service after these Terms of Service have been amended or supplemented, by such action the End User irrevocably accepts the amended or supplemented Terms of Service. If the End User does not agree to the amended or supplemented Terms of Service, the only option open to the End User is to cease using the zoomguide Service.
- If at any time any provision of these Terms of Service is or becomes illegal, void or invalid for any reason whatsoever, including but not limited to overriding mandatory consumer protection law, such invalidity shall not affect the validity of the remainder of the Terms of Service and such invalid provision shall be replaced by such other provision which, being valid in all respects, shall have an effect as close as possible to that of the replaced provision.
- The zoomguide Service
- The zoomguide Service gives the right to the End User to access and use the zoomguide web app, which enables the End User to capture a digital image of an object using a smartphone camera, upload the image to zoomguide’s servers and access Content of the specific object.
- zoomguide shall perform the zoomguide Service to the best of its ability. However, the End User accepts that the zoomguide Service contains only the functionalities that he finds at the moment of use. Except as expressly provided in these End User Terms, zoomguide makes no warranties of any kind, whether express, implied, statutory or otherwise, including but not limited to any warranties of merchantability or fitness for a particular purpose, quality, safety, integrity, reliability or accuracy of the zoomguide Service, or that any part of the zoomguide Service will be uninterrupted, error-free, timely, secure, nor is it warranted either implicitly or expressly that any Content is safe in any manner for download.
- Access to and availability of the zoomguide Service
- To use the zoomguide Service the End User will be required to enter an access code specific to the Content being accessed.
- To use certain functionalities of the zoomguide Service the End User will be required to create an account, by following the registration process in the zoomguide web app. The End User guarantees that all provided information is correct, complete and up-to-date. If the data of the End User is at any point no longer up-to-date, correct or complete, the End User shall adjust or add the data required. The End User is not allowed to create an account in someone else’s name.
- If the End User is under the age of 18, he must have parent or legal guardian permission to create an account and use the zoomguide Service.
- During the registration, the End User must supply login information. The End User is responsible for maintaining the login information for his account secret. If the End User knows or has reason to suspect that his login information is compromised, the End User must immediately modify his login information and inform zoomguide.
- zoomguide may at all times implement functional, procedural or technical changes to the zoomguide Service, including the zoomguide web app and Content, including removal (temporarily or permanently) of the functionalities and Content offered.
- The End User is solely responsible for the purchase and/or the proper operation of the infrastructure necessary to use the zoomguide Service, such as a smartphone device that possess adequate performance to handle zoomguide web app, including access to an internet connection and digital camera.
- zoomguide is in no way liable to the End User for any damage or costs resulting from (parts of) the zoomguide Service being (temporarily) unavailable or for failures or outages of the zoomguide Service.
- Use of the zoomguide Service
- Each and every use of the zoomguide Service by the End User is for the risk and responsibility of the End User.
- The End User is not permitted to:
- republish Content;
- sell, rent or sub-license Content from zoomguide;
- reproduce, duplicate or copy Content from zoomguide;
- redistribute Content from zoomguide;
- harm the interests and reputation of zoomguide;
- infringe the rights of zoomguide and/or third parties, including intellectual property rights and rights that relate to the protection of privacy;
- collect data from End Users through the zoomguide Service and use this data for other purposes than those that are listed or intended in the End User Terms;
- use the zoomguide Service for advertisement purposes, other than with the express permission of zoomguide.
- The zoomguide Service offers End Users various Content by using the zoomguide web app.
- Content may be offered under additional terms and conditions, such as but not limited to, payment obligations and restrictions to use, for instance to a certain time limit, or area or from a certain age. Upon fulfillment of any payment obligations to the extent required, the End User may access the Content through his smartphone.
- zoomguide has the right to alter or delete Content, or to limit the utilization of the Content, or subject the access to the Content to additional terms, without becoming liable to the End User.
- The End User acknowledges that the Content contains only the functionalities and information that he finds at the moment of use. Aside from as explicitly provided in these End User Terms, zoomguide and/or its Content providers makes no warranties of any kind, whether express, implied, statutory or otherwise, including but not limited to any warranties of merchantability or fitness for a particular purpose, quality, safety, integrity, availability or accuracy of the Content. In addition, zoomguide does not guarantee that the Content will be available in the language preferred by the the End User.
- zoomguide accepts no liability for incorrectness, incompleteness or the inactuality of the Content that is made available in the zoomguide web app.
- If an End User is of the opinion that certain Content is inadequate and/or infringes his rights and/or the rights of other End Users, the End User should notify zoomguide promptly by sending an email to [email protected].
- Personal data
- zoomguide processes Personal Data of the End User in the course of providing the zoomguide Service, including the information entered when creating an account, images of the objects you upload, information you add to your user profile and information collected on the use of the zoomguide Service.
- To the extent necessary, the End User agrees in advance to all processing by or on behalf of zoomguide of the Personal Data referred to under article 9.1 for the purposes of:
- allow you to use the web app;
- allow you to purchase services offered by zoomguide;
- configure the web app to your preferences;
- communicate with you about the web app and respond to any complaints and/or questions;
- communicate with you about zoomguide and/or its products;
- analyze the use of the web app;
- protect zoomguide’s information systems from safety threats, fraud, spam, and abuse.
- To the extent necessary, the End User agrees in advance that zoomguide may also process information collected via the web app to share aggregated information with certain third parties if it is not possible to identify particular users from this aggregated data.
- zoomguide shall implement appropriate technical and organizational measures to protect the Personal Data referred to in article 9.1 against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access.
- Indemnities and warranties
- The End User warrants and guarantees that he is entitled to use the Service and that he will act in accordance with the End User Terms.
- The End User agrees to indemnify, defend and hold harmless zoomguide, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, actions, proceedings, damages, obligations, losses, expenses and costs, including reasonable attorneys’ fees and other litigation expenses, resulting from a breach by the End User of the provisions of the End User Terms or from any claim by any third party against the zoomguide.
- The Service may contain links to third party websites that are not controlled by zoomguide. zoomguide assumes no responsibility or liability for the Content, privacy policies, or practices of any websites not controlled by zoomguide.
If you choose to use the zoomguide, you do so voluntarily and at your sole risk. The zoomguide Service is provided “as is”, without warranty of any kind, either express or implied. The foregoing disclaimer apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the zoomguide Service remains with you. Neither zoomguide nor any other party involved in creating, producing, or delivering the zoomguide Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the zoomguide Service.
- Force majeure
zoomguide shall have no liability to the End User if it is prevented from performing its obligations by acts, events, omissions or accidents beyond its reasonable control, including illness of employees and/or absence of key employees needed for zoomguide, power failures, strikes, riots, government measures, fire, war, malicious damage, natural disasters, floods, failure of suppliers or content providers of zoomguide, limitations by third parties which were engaged by zoomguide, disruption of the internet connection, hardware failures and failures in telecommunication networks.
- Duration and termination
- The agreement between the End User and zoomguide comes into effect at the moment the End User accesses zoomguide web app and starts using the zoomguide service.
- The End User is at any moment entitled to discontinue the use of the zoomguide Service.
- zoomguide reserves the right to terminate the End User’s account (temporarily or permanently) or to delete Content, specifically in but not limited to cases in which the End User, in zoomguide’s opinion, has breached any of the provisions in these End User Terms.
- The End User cannot invoke a statutory cooling off period because zoomguide provides the zoomguide Service immediately with the consent of the End User.
- Upon termination of the agreement for the use of the zoomguide Service, the End User’s right to use the zoomguide Service terminates immediately and zoomguide may eliminate the End User’s account.
To the extent that national or international rules of law do not prescribe mandatory conditions to the contrary, any and all disputes arising from or related to the zoomguide Service, the Content or the End User Terms will be brought before the competent court in Portugal.