Terms and Conditions

Terms of Use

We welcome you to the Passporter mobile and web application (hereinafter, the“App”). The purpose of this App is to assist users with their travels—before, during, and after their trips—by allowing them to create itineraries and describe places, as well as post reviews on any topics and experiences related to those trips. It may also simply serve as a source of inspiration for other travelers planning future trips, fostering a community where experiences can be shared. It will also allow users to access exclusive itineraries created specifically for Passporter and provide them with information, content, and benefits regarding services they can use on their trips.

For the purposes of this document, please note that the terms“we,” “us,” “our,”and“Passporter”refer to the App, website, or Google Chrome extension, while the terms“you,”“your,”and“User”refer to the customer who uses the App and/or contributes content to it.

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This Application is provided to you on the condition that you accept, without any modifications, each and every one of the terms and conditions set forth below (the“Terms and Conditions”or the“Terms of Use”), as well as all other legal notices. By accepting these Terms and Conditions, you are bound by them and acknowledge that you have read and understood their terms. For this reason, we advise you to read these Terms and Conditions carefully, as they contain information regarding your legal rights and their limitations, as well as the applicable law and jurisdiction in the event of disputes. Therefore, if you do not accept these Terms and Conditions, you are not authorized to use the App. We also recommend that you visit our “Frequently Asked Questions” section to supplement the information provided in this document.

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These Terms and Conditions may be modified in the future, which means that you understand and agree that your continued access to and use of the App after such changes constitutes your acceptance of the modified Terms and Conditions. We will indicate the date on which the Terms and Conditions were last revised, and all revisions will take effect immediately upon publication. In any case, we will notify you of any significant changes to the Terms and Conditions by sending a notice to the email address you provided at the time of registration. Be sure to review the Terms and Conditions periodically to stay up to date with the most current version.

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1-TERMS AND CONDITIONS
1.1. Purpose

These terms and conditions of use govern access to and use of the App, as well as the content you may upload to it. Furthermore, these Terms of Use, together with the Privacy Policy, the website’s Legal Notice, and our cookie policy, establish the terms and conditions governing the App. The “Frequently Asked Questions” section of our website, www.passporterapp.com, is considered a supplement to these legal documents, and it is important to read it to clarify any details that may not be covered in these texts.

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In compliance with the provisions of Article 10 of Law 34/2002, of July 11, on Information Services and Electronic Commerce, the following identifying information regarding the owner of the Application is provided: PASSPORTER TECHNOLOGIES, S.L., is a Spanish commercial company with its registered office in Valencia, at Calle Doctor Gil y Morte, No. 22, Door 12, ZIP Code 46007. It is registered in the Valencia Commercial Registry, in Volume 10169, Folio 171, Page V-172373, and holds Tax Identification Number (N.I.F.) B-98846298.

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Furthermore, the Terms and Conditions constitute a contract between the User and Passporter regarding the Application and supersede any prior contracts or agreements between the parties, whether oral or written.

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1.2. User Obligations

As a prerequisite for using this App, you warrant that:

  1. All the information you have provided in the App is true, accurate, current, and complete;
  2. If you have registered for the App, you will protect your account information, monitor your account, and be fully responsible for any use of the account by anyone other than yourself;
  3. You must be at least fourteen (14) years old to register an account and use our App, and at least eighteen (18) years old to purchase any product or service that may be offered now or in the future through our App.
  4. You have the legal capacity to accept these Terms and Conditions and to use the Application in accordance with these Terms and Conditions;
  5. You are responsible for the activities carried out through your account and agree not to sell, transfer, license, or assign your account, followers, username, or any rights to your account. With the exception of companies or individuals expressly authorized to create accounts on behalf of their employers or clients, Passporter prohibits the creation of an account for anyone other than yourself, and you agree not to create such an account. Furthermore, you represent that all information you provided at the time of registration, as well as at any other time, is true, accurate, current, and complete, and you agree to update your information as necessary to maintain its truthfulness and accuracy;
  6. You agree not to request, collect, or use the login credentials of other users of the App.
  1. You are solely responsible for the information you add to the app, whether privately or publicly, as well as for refraining from uploading locations, references, experiences, images, or memories of places subject to restrictions of any kind—whether regarding the location itself or the resources you used to gather information (photos, stories, itineraries, accounts, etc.); The content you upload to the app must always comply with applicable laws, such as those regarding the protection of reputation, privacy, personal image, intellectual property, and confidentiality.
  2. This also includes responsibility for the copyrights of any images or content you add to the app via the platform’s channels (via the app or website). In this regard, we understand that any content you add publicly will either be owned by you as its author, be in the public domain, no longer be subject to any copyrights, or have been added with the permission of its rightful owners.
  3. Similarly, by stating that you are responsible for the content you publicly contribute to the app, you also have the legal right to grant us a license to use that content.
  1. If you link to third-party content—which can be done using the Google Chrome extension—you must always respect the third party’s copyright, right of attribution, and any other moral or economic rights that such third party may hold with respect to the content cited. In any case, this must always be done on a private basis and for nonprofit purposes.
  2. You are solely responsible for not uploading any memories featuring a third party unless you have that person's express consent for their publication and use by Passporter, in accordance with these Terms and Conditions;
  3. You agree that under no circumstances will you defame, harass, intimidate, abuse, threaten, or impersonate any person or entity, nor will you post private or confidential information through the App, including, without limitation, credit card information, Social Security numbers or national ID numbers, or private phone numbers or email addresses belonging to you or another person;
  4. You will not use the App for any unauthorized or illegal purpose. You agree to comply with all applicable laws, rules, and regulations (including, but not limited to, state, local, and provincial laws) governing the App, including, without limitation, copyright laws.
  1. You are solely responsible for your conduct and for the data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, creative works, applications, links, and any other type of content or materials that you submit, post, or display on the App.
  2. You must not change, modify, adapt, or alter the Application, nor change, modify, or alter any other website in a way that could mistakenly lead others to believe it is associated with the Application or Passporter.
  3. You must not send emails, comments, "likes," or other unsolicited commercial or harassing communications (i.e., "spam") to any user of the App.
  4. You must not harm or interfere with the Application, its servers, or the networks connected to the Application, including by transmitting worms, viruses, spyware, malware, or any other code of a destructive or harmful nature. You may not insert content or code, or alter or interfere with the way any Passporter page is presented or displayed in a User’s browser or device.
  5. You must not create accounts on the App through unauthorized means, including, but not limited to, the use of automated devices, scripts, robots, crawlers, spiders, or scrapers.
  1. You must not attempt to restrict another User's use or enjoyment of the Application, nor encourage or facilitate violations of these Terms and Conditions.
  2. A violation of these Terms and Conditions may result in the closure of your account on the App, which is at our sole discretion. You understand and agree that Passporter is not responsible for content posted on the App, and you use the App at your own risk. If you violate the letter or spirit of the Terms and Conditions, or otherwise put us at risk of legal liability, we may cease to provide you with all or part of the service we offer. This is without prejudice to the right of Passporter or any affected third parties to defend their interests through legal proceedings.
  3. You are solely responsible for your interactions with other App Users. You agree that Passporter is not responsible for the conduct of Users. Although we are under no obligation to do so, we reserve the right to monitor or intervene in disputes that may arise with other users. However, please use common sense and exercise good judgment when interacting with other users, including when sharing your Memories or any personal or other information. It is prohibited to crawl, scrape, cache, or access any content on the App through automated means, including, without limitation, User profiles and photos (except where such actions result from standard search engine protocols or technologies used by a search engine with Passporter’s express consent).
  1. Whether you open an account in your own name or on behalf of a third party who has authorized you to do so, both of you agree to defend (at Passporter’s request), indemnify, and hold harmless the App’s Users from any damages caused by or arising from claims, liabilities, losses, and expenses—including, without limitation, reasonable attorneys’ fees and costs— arising out of or in any way related to any of the following circumstances (including as a result of the App’s direct activities or those you have carried out through your account): (i) your content or your access to or use of the App; (ii) your breach or alleged breach of these Terms and Conditions; (iii) your infringement of a third party’s rights, including, without limitation, property or privacy rights; (iv) your violation of any law, rule, regulation, code, statute, ordinance, or order of any governmental or quasi-governmental authority, including, without limitation, all regulatory, administrative, and legislative authorities; or (v) any false statement made by you. You will cooperate to the extent required by Passporter to defend against any claim. Passporter reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and under no circumstances will you bring any claim without Passporter’s prior written consent.
  2. Likewise, if you are the one contributing content to the app—by sharing your experiences so that Passporter can design high-impact itineraries that can be marketed, or any other product or service in which you may participate and for which you may be compensated— you will be responsible for complying with the legal and tax obligations arising from such commercialization—whether as part of your professional or business activity, or as a private individual not engaged in business—resulting from the transfer of copyright and image rights to Passporter for the creation of a new derivative work.
1.3. Reservation of Rights

Passporter reserves the right to modify or terminate the services offered through the App or access to it for any reason, without prior notice, at any time, and without any liability to you. You may deactivate your account at any time. If we stop providing you with access to the App or you deactivate your account, then your photos, videos, comments, “likes,” contacts, and all other data will no longer be accessible through your account (for example, Users will not be able to access your Passport or view your username and images, but such materials and data may be retained and appear on the App (for example, if other Users have shared your Memories).

We reserve the right to deny access to the App to any person, for any reason and at any time.

We reserve the right to require the revocation of any username for any reason.

Although we are under no obligation to do so, we may remove, edit, block, and/or monitor Memories uploaded to the App or accounts that are created, provided that we determine, in our sole discretion, that they violate the Terms and Conditions.

The App User, for their part, will not incur any charges for using the App in accordance with these Terms and Conditions. Should this circumstance change, the User will be duly notified in advance so that they may choose to remain registered or cancel their registration prior to the new condition taking effect.

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1.4. Limitation of Liability

Passporter is a free app that does not require users to be of legal age; therefore, the data collected may be provided by individuals aged 14 or older, in accordance with Organic Law 03/2018 of December 5 on the Protection of Personal Data and Digital Guarantees. Passporter does not knowingly collect information from any person under the age of fourteen (14). However, we reserve the right, in our sole discretion, to deny any person access to the App and the services we offer at any time and for any reason, including, but not limited to, if we detect that the user is not of legal age to provide personal data on their own or if they violate the Terms and Conditions.

Passporter is not liable under any circumstances for content you upload—whether to a public or private profile within the app—that includes private locations or locations subject to restrictions of any kind regarding the reproduction of images.

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Furthermore, Passporter is not liable under any circumstances for content you upload that features third parties if you do not have their consent for its publication and use by Passporter, in accordance with these Terms and Conditions.

Passporter shall not be liable for financial losses (including loss of revenue, data, profits, contracts, business, or savings); or loss of image or reputation; or indirect losses.

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Passporter will not be liable for, nor will it tolerate, any content that may be abusive, inappropriate, or questionable; nor will it tolerate the use of the application by users whose activity is abusive, inappropriate, or similarly questionable, whether or not it causes harm to third parties. Such conduct, in accordance with the provisions of subsection (xvii) of Section 1.2 regarding user obligations, will result in the user being reported, and we will proceed to close the corresponding account at our discretion, and may cease providing the service to said user in whole or in part. Passporter undertakes to report such users, as well as any questionable content, within twenty-four (24) hours.

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Any failure by the user to comply with their obligations or, more generally, with the provisions set forth in our legal documents may also result in the closure of their account, as well as the initiation of any legal actions Passporter deems appropriate to defend its interests.

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1.5. Intellectual and Industrial Property. Content Management and License Granted to Passporter

Our app uses both our own content and content uploaded by our users.

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Passporter owns the intellectual and industrial property rights related to the app itself (that is, the software development, source code, backend, frontend, design, logos, imagery, button layouts, layout, etc.) as well as the original visual content it uploads to the app (itineraries and locations prepared by the Passporter team, articles, etc.).

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By using our services, you agree and acknowledge that all intellectual and industrial property rights—including trademarks, inventions, and copyrights—in all materials and content made available to you when you use this website are owned by us or by third parties who have authorized or licensed such use to us. You may only use these materials in the context of the services you have contracted for and/or with our express prior consent or that of the respective rights holders.

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In addition, Passporter is the legitimate owner of the copyrights to the content it creates for use both on and off the platform, whether on its own or third-party websites, media, or social media channels.

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In turn, the user is responsible for the content they upload to the app; therefore, if the content is from a third party, the user is responsible for ensuring they have the necessary permissions from the rightful owner to upload and distribute such content.

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If Passporter detects that its own copyrights or those of third parties have been infringed, it may deactivate the account of the user who is alleged to have committed the infringement, and reserves the right to take appropriate legal action.

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Similarly, Passporter will investigate any information provided by a third party regarding this matter in order to protect the copyrights of their rightful owners.

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If you believe that intellectual property rights related to any content in question may have been infringed, you can contact us at the following email address: info@passporterapp.com

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On the other hand, by uploading content to the app, users represent that they are the owners of the intellectual property rights to their own content—which they voluntarily choose to upload to the app and share with the rest of the community—or that they have authorization from the rights holder, or that the content is in the public domain, which implies the transfer of copyright to such content, except for those rights that the law may classify as inalienable at any given time.

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Should you be offered the opportunity to engage in any type of commercial activity involving such works, you are free to decide whether or not to grant the rights of use under the terms agreed upon.

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The user is fully aware that any content uploaded to the app and posted on a public profile may be viewed and used by other users, which expressly authorizes these third parties or Passporter to use such content within the app itself—whether through the app, the website, its Google Chrome extension, or on Passporterapp’s social media accounts.

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Similarly, by marking content as public, you are granting us a license to use it:

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By publishing their Content, which is rated for general audiences, on our web platform, app, or Chrome extension, the user grants Passporter an international, non-exclusive, royalty-free, transferable license—which may be sublicensed—to host, use, distribute, modify, execute, reproduce, publicly display or perform, translate, and create derivative works of their Content.

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In light of the foregoing, the user may revoke this license at any time by sending an email to info@passporterapp.com, specifying the content for which the user wishes to revoke the license to use and exploit. Whenever technically possible, Passporter will cease using such content and will instruct any third parties to whom it may have transferred the license—with whom it has commercial agreements and who hold such licenses—to do the same.

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Passporter shall not be liable for any use that third parties may have made of the content for which the user has granted a license for use and exploitation.

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Passporter will not use your content in advertisements for third-party products and services displayed to other users without your separate consent (including Sponsored Content), although you agree and acknowledge that such companies may include advertising and promotions in our app, next to or near your content or that of other users, or otherwise in close proximity to it.

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Passporter will not grant any third party the right to publish a user's public content anywhere other than on the Passporter platform; however, this is something it cannot control, since any user with access to the app could use techniques to capture the image and share it outside the platform.

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However, if you share your Public Content, it will be displayed publicly, and we will enable a feature that allows other users to share it. In addition, we will allow search engines to index it.

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User content associated with company accounts or content, or content subject to sponsorship:

The fact that a user contributes content and marks it as public means that it may be featured, depending on the type of content, its relevance, etc. This may also mean that such content could be featured in itineraries or locations sponsored or endorsed by third parties. If you do not want your content to be featured in locations or itineraries sponsored or endorsed by third parties, you can send us an email at: info@passporterapp.com

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1.6. Terms of Use for the App

The purpose of Passporter and its App is to create a tool that accompanies users through all stages of a trip, allowing them to share their travel and tourism experiences by posting multimedia content related to trips they wish to take, are taking, or have taken, thereby creating a community of travelers (the“Passporter Community”). To this end, several stages can be identified:

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  1. Registration phase:

(i) Personal account

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If you wish to use the App, you must register through the form created for that purpose, following the instructions provided therein and entering the required information (the“Registration Form”). Specifically, the information that may be required on the Registration Form includes: an email address, a username, a password, and a profile picture, for the sole purpose of identifying you.

You are solely responsible for choosing a password with an adequate level of security. To that end, we recommend that you avoid using combinations that are obvious and could be easily guessed by a third party. If you suspect that a third party has learned your password, you must change it immediately.

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You can register for the App either through the Gmail API or the Facebook API. Once registered, you will have a personal account called“Passporter,”through which you will carry out activities under the terms described below. Registering for the app using either of these options may involve you providing us with personal data that you have shared with these apps, such as your email address or profile photo, as indicated during the registration process and before you confirm your registration.

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Once you've completed this process, you'll have access to your personal account, through which you'll be able to access all the services provided by Passporter as well as its Community.

You are solely responsible for maintaining the confidentiality of your password, and for your own security, you agree not to disclose this information to third parties.

If you discover that your account has been compromised by a third party, you must notify Passporter as soon as possible so that appropriate measures can be taken.

Any fraudulent use of a personal account by the User or a third party will result in the loss of the right to continue using the Application's features.

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(ii) Creating a user profile

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Your profile should be consistent with the content and theme of the App's purpose. For this reason, profiles that contain the following will be removed from the App:

  • Images or language of a violent nature;
  • Sexually explicit language or suggestions;
  • Defamatory, discriminatory, abusive, aggressive, and/or violent content; and
  • Offensive and/or obscene language.
  • Images that Passporter can identify as being for which the user does not have the rights to use, reproduce, or claim authorship.

Passporter may immediately suspend or terminate an account that violates any of the conditions set forth in these Terms and Conditions, without prior notice.

Passporter will allow you, through a search engine, to search for travel destinations identified by tags, location via geolocation, or hashtags used by Users who have uploaded their photos and videos related to a specific trip (the“Memories”).

You can control how your travel information is shared through your itinerary or location settings (public or private profile). In addition:

  • With regard to the intellectual property rights in texts, images, or videos uploaded to the App for public viewing, you specifically grant us a non-exclusive, transferable, worldwide license of unlimited duration to use, communicate, publish, distribute, or modify such content on media and social networks in which Passporter participates.
  • When you publish an itinerary or location on the App publicly, it will be accessible to everyone—not just App users, but anyone, even those who are not users of the App.

In addition:

  • Passporter reserves the right to post itineraries, locations, or portions thereof that the user has made public (i.e., that the user has chosen to share) on our Instagram or Facebook accounts, as you agreed to this when you registered as a user of our app.

In turn, any Facebook or Instagram user who is not part of the Passporter community but would like us to post or share certain images published on those same platforms need only use our brand hashtags or tag us in their post.

In this way, you will be granting us the right to use and distribute the publication on that same social media platform. This grant of rights is understood to be provided free of charge, without any form of compensation, without geographic restrictions, and for an unlimited period of time.

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(iii) Services Offered by Passporter

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To ensure that accessing and using the App is as simple and secure as possible, we’ve outlined below the services we offer, as well as the essential terms and conditions you must follow for the benefit of the entire Passporter Community. Membership in the Passporter Community grants you access to the following services:

  • Discover destinations around the world through recommendations, itineraries, and reviews posted by other users;
  • Add the destinations you've visited or plan to visit to the app, sharing your opinions and recommendations, places to stay, eat, have fun, relax, or find inspiration, and upload your daily memories to it; and
  • Comment on and react to other users' photos and videos.
  • Create itineraries and places based on content you find interesting—whether it comes from other users who have chosen to share it, your own past experiences, or publicly available sources (in these cases, you must be especially careful not to infringe on the rights of third parties, such as intellectual property rights, copyrights, privacy, honor, public image, and personal privacy).

The services offered by Passporter may vary or change. Passporter will provide you with timely information about new services that will be offered or those that will no longer be available. This information will be updated in our legal notices, but you may also receive notifications through various channels, such as push notifications, emails, etc. Sending this type of information does not require prior consent, as it is directly related to the service provided by Passporter.

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  1. Route or location creation phase:

During this phase, you can search among existing destinations or create a new destination in the app.

You can search for your chosen destination and, from there, begin to build your travel experience—either by using content already created in the app for that destination or by adding your own. First, enter your travel dates; then, you can select places that have already been documented on the platform or add them yourself to the destination, enriching both your own user experience and that of other travelers in the Passporter community.

Once you've created the trip, you can add travel companions to it—either by entering the usernames of companions who are already registered or by easily inviting them via WhatsApp.

In "Memories," you can perform the following actions:

  • Specify the location of the place, either by geotagging it using metadata (if this option is enabled on your device) or by entering the location manually.
  • Optionally, you can enter a description for each location you upload; this description will be visible to the entire Passporter Community if you set the profile of the location or itinerary you're creating to public.
  • Add tags or hashtags to photos so that they reach a larger number of users and clearly indicate the nature of each trip.
  • Edit and organize each location, reference, or itinerary prior to its final publication.
  1. Discovery Phase:

You can also use Passporter to discover places or itineraries uploaded by other users, our team, or third parties.

The app lets you search for places or itineraries within a single selected destination, as well as look up information, connect with other travelers, and link them to that search, which you can save once it's set up.

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  1. Multiplatform experience:

The Passporter app is compatible with various platforms, so you can get the most out of it whether you're using our app on your mobile device or accessing it through a web browser.

In addition, when using the web browser option, Google Chrome users can install our extension to import content from any website and enhance their trip planning experience. To do so, simply download the extension from the Google Chrome Web Store and then sign up for Passporter.

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  1. Passport Phase:

As we mentioned earlier, when you log in to the app, you'll create a profile and add a profile picture. You can edit, delete, or replace that picture at any time.

Regarding your passport:

  1. It will include a series of numerical values that reflect your activity within the Passporter Community, related to:
    • Number of users who follow you and/or whom you follow.
    • Number of places that other users have saved from you.
    • Number of shared itineraries worldwide.
  2. Your profile is divided into two tabs: “My Itineraries” and “My Places.” In the “My Places” section, you can view the specific places you’ve either created or saved. In the “My Itineraries” section, you can view both the itineraries you’ve saved and those you’ve created.
  3. In the section on “My Itineraries” We found 3 subsections:
    • Section I: “Visited". This section will display the itineraries you have created and completed, along with their respective locations. In this section, you can:
      • Save a location or an entire itinerary from another user;
      • Share a location or itinerary on social media.
      • View and edit your own itineraries.
    • Section II: “"To visit". This section contains the itineraries from other users that you have saved, and the user who created each itinerary is always listed. In this section, you can:
      • Share a location or itinerary on social media.
      • Edit the itineraries you've saved and add places to them.
    • Section III: “Visiting*” refers to the section where the itineraries valid as of the established travel date will be listed.*
  4. In the “My Places” section , there are two subsections:
  • Section I: “Visited". This section will display the places you have created. In this section, you can:
    • Save a location or an entire itinerary from another user;
    • Share a location on social media.
    • View and edit your own locations.
  • Section II: “"To visit". This section lists the locations from other users that you have saved, and always includes the name of the user who posted those locations. In this section, you can:
    • Share a location on social media.
    • Edit the places you've saved and add information to them.
  1. In your Passport, you can:
    • Report photos and videos posted by other users that contain inappropriate content.
    • Delete any itinerary or location, whether "Visited" or "To Visit."
    • Report or delete comments posted by other users when they are inappropriate.
  1. Notification phase:

Passporter will send you the following notifications:

  1. Subscription notifications regarding:
    • New users who have subscribed to your Passport; and
    • Users you follow who subscribe to a new destination, including links to the user and the destination.
  2. Notifications regarding comments received, including a link to the user and the date the comment was posted.
  3. Notifications regarding your itineraries or places that have been saved in other users' Passports.
  4. Notifications regarding users you follow who have posted a new itinerary.
  5. Notifications regarding platform service information, improvements, new services and features, significant changes to our terms or policies, and agreements with partner companies that offer benefits for using the platform—all of which are related to the service and will be sent to you as long as you are a user of the app.

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1.7. Legislation

These Terms of Use are governed by Spanish law, and the courts of the city of Valencia shall have jurisdiction.

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