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We welcome you to the application for mobile and web devices, Passporter (hereinafter, the "Application"). The application aims to help users before, during, and after their trips: creating itineraries and discovering locations, as well as posting opinions on issues and experiences related to travel, it is a source of inspiration for other travelers and for planning future trips, developing a travel community where everyone shares their experiences. The user can also get access to exclusive itineraries created specifically for Passporter which provide them with information, content and perks for services that they could use on their trips.
For the purposes of what you will be able to read in this document, we are informing you that the terms "we", "us", "our" and "Passporter" refer to the Application, website or Google Chrome extension, while the terms "you", and "User" refer to the client who uses the Application and/or who contributes content into it.
This Application is offered on the condition that you accept without any modification of all the terms and conditions set out below (the "Terms and Conditions"), as well as all other legal texts. By accepting these Terms and Conditions, you are subject to, and you declare that you have read and understood its terms. For this reason we recommend you to read all the terms and conditions, as they contain information related to your legal rights, as well as limitations, we also advise on the legislation and jurisdiction that will be applicable in case of conflicts. In this way, if you do not accept these Terms and Conditions, you are not authorized to use the Application. We also recommend that you visit our "frequently asked questions" section to complement the information provided in this document.
These Terms and Conditions may be modified in the future, which means that you understand and accept that access to the Application and its continued use after significant changes means the acceptance of the modified Terms and Conditions. At the bottom of the document we will show the date in which the last term and condition revision took place, and all the revisions will take place immediately after the publication. In any case, we will notify all the important changes that are made in the Terms and Conditions by sending a notice to the email address that you have provided to us at the time of the registration. Make sure to periodically check the Terms and Conditions to be aware of its most current version.
These terms and conditions of use (the "Terms and Conditions") regulate the access and use of the Application, as well as the contents that you can upload in it. Likewise, these Terms of Use, together with the Privacy Policy, Legal Notice of the website and our cookies policy, establish the terms and conditions governing the Application. The "frequently asked questions" section of our website www.passporterapp.com is considered a complement to these legal texts and is important to read in order to resolve any details that may not be reflected in these texts.
In compliance with the provisions of article 10 of Law 34/2002, of July 11, on Information Services and Electronic Commerce, we indicate the following identifying data of the holder of the Application:PASSPORTER TECHNOLOGIES, SL, is a mercantile company of Spanish nationality, whose registered office is in Valencia, Doctor Gil y Morte street, number 22, door 12, CP 46007, is registered in the Mercantile Registry of Valencia, in Volume 10169, Folio 171, Page number V-172373 and is provided with N.I.F. B-98846298.
Likewise, the Terms and Conditions constitute a contract subscribed by the User and Passporter in relation to the Application, and supersedes any other contracts or prior agreements between said parties, whether verbal or written.
As an indispensable condition to use the present Application, you guarantee that:
(i) All the information you have provided in the Application is true, accurate, current and complete;
(ii) If you have registered in the Application, you will protect the information in your account, supervising and being totally responsible for any use of the account made by a person other than you;
(iii) You are older than fourteen (14) to register an account and participate in our Application and eighteen (18) or over to be able to buy any type of product or service that is available now or in the future on our application.
(iv) You have the legal capacity to accept these Terms and Conditions and use the Application in accordance with these Terms and Conditions;
(v) You are responsible for the activities that are carried out through your account and you agree not to sell,transfer, grant licenses or assign your account, followers, name of and user or the rights of your account. With the exception of those companies or persons that are expressly authorized to create accounts on behalf of their employees or customers, Passporter prohibits the creation of an account for anyone other than yourself and you agree not to create it. Likewise, you state that all the 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 veracity and accuracy;
(vi) You agree not to request, collect or use the login credentials of other users of the Application.
(vii) You are solely responsible for the information you add to the application, whether privately or publicly, including not uploading places, references, experiences, images or memories of places on which there are restrictions of any kind, either on the place itself or on the resources you have used to document it (photos, descriptions, itineraries, comments, etc.); The content you upload to the application will always be respectful of current regulations, such as those relating to the protection of credit, self-image, intellectual property and privacy.
(viii) This also includes responsibility for the copyright of the images or content that you add to the application from the platform's media (via app, website). In this sense, we understand that the content you add publicly will be owned by you as its author, or it is freely disseminated content, or that you already have rights over it, or that it has been added with the permission of its legitimate owners.
(ix) Likewise, by declaring that you are responsible for the content you publicly contribute to the application, you also have the legitimate ability to provide us with a licence to use it.
(x) In the event that you link content from third parties, which could be done through the Google Chrome extension, you must always respect their copyright, acknowledgement and any other moral or economic rights that the third party may hold over the content that is cited. In any case, it will always be done on a private and non-profit basis.
(xi) You are solely responsible for not uploading any memory in which a third party appears if you do not have the express consent of this person for publication and use by Passporter, in accordance with these Terms and Conditions;
(xii) You agree that under no circumstances you will defame, harass, intimidate, abuse, threaten or impersonate a person or entity, nor publish confidential or private information through the Application, including,without limitation, information related to the credit card, social security or national identity document numbers, telephone numbers or private email addresses that belong to you or another person;
(xiii) You will not use the Application for any purpose that is unauthorized or illegal. Thus, you agree to comply with all laws, rules and regulations (for example, state, local and provincial) that may be applicable to the Application, including, without limitation, copyright laws.
(xiv)You are solely responsible for your conduct and data, texts, files, information, user names, images, graphics, photos, profiles, audio and video clips, sounds, musical works, authorship work, applications, links and any other type of content or materials that you send, post or show in the Application.
(xv) You must not change, modify, adapt or alter the Application, or change, modify or alter another website so that it is wrongly inferred that it is associated with the Application or Passporter.
(xvi) You should not send emails, comments, indications that you like something or other unwanted commercial or intimidating media (ie, "spam") to any user of the Application.
(xvii) You must not harm or interfere in the Application or servers or networks connected to the Application, including the transmission of worms, viruses, spyware, malicious software or any other code of a destructive or harmful nature. You may not insert content or code, or alter or interfere with the manner in which any Passporter page is displayed or displayed in a browser or device of the User.
(xviii)You must not create accounts in the Application through unauthorized means, including without limitation,the use of automated devices, scripts, robots, trackers, spiders or scrapers.
(xix) You must not try to restrict the use or enjoyment of the Application to another User, or encourage or facilitate the infractions of these Terms and Conditions.
(xx) The violation of these Terms and Conditions may result in the closure of your account in the Application, which is at our sole discretion. You understand and agree that Passporter will not be responsible for the content published in the Application and will use the Application at your own risk. If you infringe the essence or spirit of the Terms and Conditions, or otherwise cause the risk that we may be legally exposed, we may stop providing all or part of the service we offer. This is regardless of whether Passporter or affected third parties wish to exercise their rights to defend their interests in legal proceedings.
(xxi) You are solely responsible for the interaction you establish with other Users of the Application. You agree that Passporter is not responsible for the conduct of Users. Although we are not obligated, we reserve the right to monitor or involve ourselves in conflicts that may arise with other users. However, act with commonsense and use your best judgment when interacting with other users, even when you share your Memories or share any type of personal or other information. It is prohibited the tracking, scraping, caching or access to any content in the Application through automated means, including without limitation, User profiles and photos (except if they may be the result of standard search engine protocols or of technologies used by a search engine with the express consent of Passporter).
(xxii) In the event that you open an account in your own name or a third party that has given you authorization, both authorize to defend (at the request of Passporter), indemnify and prevent Users of the Application from suffering damages caused or derived from the lawsuits, liabilities, losses and expenses, including without limitation, attorneys' fees and reasonable costs, derived from any of the following assumptions or related to them in some way (including as a consequence of the direct activities of the Application or the ones you have made in your account): (i) the content of your property or the access or use you make of the Application; (ii)the breach or alleged breach by you of these Terms and Conditions; (iii) the infringement by you over the right of a third party, including without limitation, the rights of property or privacy; (iv) your violation of any law, rule, regulation, code, statute, ordinance or request 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 that Passporter requires, in order to defend any claim. Passporter reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification on your part and, under no circumstances, will you file any claim without the prior written consent of Passporter.
(xxiii) In addition, in the case of you bringing content to the application, by means of providing your experiences in order for Passporter to create high impact itineraries that can be commercialized, or any other product or service in which you can participate and for which you could be compensated, you will be responsible for complying with the legal and fiscal obligations deriving from the commercialization, either as part of your professional or business activity, or as an individual without activity, deriving the transfer of image rights to Passporter for the creation of a new derivative work.
Passporter reserves the right to modify or terminate the services offered through the Application or access toit at any time, without prior notice, at any time and with no liability to you. You can deactivate your account at any time. If we stop offering access to the Application or deactivate your account, then the photos, videos, comments, indicators that something you like, contacts and all other data will not be accessible through your account (for example, Users cannot access to your Passport or see your user name and images, but that materials and data can be retained and appear in the Application (for example, if other users have shared your memories).
We reserve the right not to allow access to the Application of any person, for whatever reason and at anytime.
We reserve the right to enforce the confiscation of any username for whatever reason.
Although we are not obligated, we may delete, edit, block and / or monitor the Memories uploaded to the Application or the accounts that are opened, always if we determine, entirely at our discretion, that they violate the Terms and Conditions.
The User of the Application, for his part, will not incur any charge for the use of the Application according to the present Terms and Conditions. In case the circumstances change, the User will be duly informed in advance, so that they can choose to stay registered or to unsubscribe before the new condition comes into force.
Passporter does not knowingly collect information from any person who is less than fourteen (14) years old. However, we reserve the right, in our sole discretion, to deny any person access to the Application and the services we offer, at any time and for any reason, including, among others, the breach of the Terms and Conditions.
Passporter is in no way responsible for the content you upload, whether it is within a public or private profile of the application and whether it contains private places or restrictions of any kind regarding the reproduction of images.
Likewise, Passporter is not responsible in any case for the content that you upload in which third parties appear, if you do not have the consent of these users for publication and use by Passporter, in accordance with these Terms and Conditions.
Passporter will not be responsible for economic losses (including loss of income, data, benefits, contracts,business or savings); or loss of image or reputation; or indirect losses.
Passporter will not be responsible and will not tolerate any abusive, inappropriate or questionable content, and will also not accept the use of the application by users whose activity is abusive, inappropriate or questionable in the same way, whether or not it causes harm to a third party. This type of behaviour, in accordance with what is outlined in subsection (xvii) of section 1.2 relating to the obligations of the user, will cause the user to be reported, proceeding to the closing of the corresponding account at our discretion, either completely or partially ceasing the provision of the service. Passporter commits to reporting such users, as well as the apparent questionable content, in the space of twenty-four (24) hours.
Failure by the user to comply with the obligations and, in general, with the content of the provisions of our legal texts, may also result in the closure of the user's account, as well as the filing of any legal action deemed appropriate by Passporter to defend its interests.
Our application makes use of our own content and content uploaded by our users.
Passporter owns the intellectual and industrial property rights related to the application itself (i.e. software development, source code, backend, frontend, design, logos, image, button panels, distribution, etc.) as well as the visual content it uses (itineraries and places prepared by the Passporter team, chronicles, etc.).
By using our services, you accept and acknowledge that all intellectual and industrial property rights -including trademarks, inventions and copyrights - over all materials and content made available to you when you use this website and application are owned by us or by third parties that have authorized or licensed this use. You can only use these materials in the context of the contracted services and/or with the prior express consent of us or the corresponding holders.
Furthermore, Passporter is the legitimate copyright holder of the content it creates for use on or off the platform, whether on its own or third-party websites, media or networks.
In turn, the user is responsible for the content they upload to the application, for which, in the case that they are from third parties, they take responsibility for and ensure they have the necessary permissions from the legitimate owner to upload and disseminate said content.
If Passporter detects that its own or a third party's copyright has 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.
Likewise, Passporter will investigate any information provided by a third party in this regard, in defence of the copyright of its rightful owners.
If you detect that intellectual property rights have been infringed on any of the content in question, you can contact us at the following email address: info@passporterapp.com
On the other hand, by uploading content to the application, users declare that they own the intellectual property rights to their own content that they choose to upload voluntarily to the application and share with the rest of the community, or that they have the authorisation of the owner, or that the content is freely disseminated, which implies the transfer of copyright over them, except for those rights that the law may qualify at any given time as inalienable.
In the case that they are proposed any activity for their own intellectual property, they will be free to facilitate or not facilitate the transfer of exploitation rights in the conditions agreed upon.
The user is fully aware that the content that he/she uploads to the application and remain within a public profile may be known and used by third party users, which expressly implies authorisation to these third parties or to Passporter to make use of them within the scope of the application itself, either through the app, the website, its Google Chrome extension, as well as in Passporterapp's social networks.
Likewise, by classifying content as public, you are granting us the licence to make use of it:
By posting your Publicly Qualifying Content on our Web Platform, app or Chrome extension, you grant Passporter or companies with which Passporter has commercial agreements an international, non-exclusive, royalty-free, transferable, sub-licensable, royalty-free license to host, use, distribute, modify, perform, reproduce, publicly display, publicly perform, translate and create derivative works of your Content.
In relation to the above, said licence may be revoked at any time by the user, by sending an e-mail to info@passporterapp.com indicating the content for which he/she wishes to revoke said licence of use and exploitation. Whenever technically possible, Passporter will cease to use such content and will refer those third parties with whom it has commercial agreements and who have the same, to do the same.
Passporter shall not be liable for the use that third parties may have made of the content for which the user has granted the licence for use and exploitation.
Passporter will not use your content in advertisements for third party products and services that are displayed to others without separate consent (including Sponsored Content), although you agree and acknowledge that such companies may include advertisements and promotions on our application, next to, near or otherwise in close proximity to your or others' content.
Passporter will not grant any third party the right to publish your Public Content in places other than the Passporter platform. 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, by embedding the post or otherwise on third party services. In addition, we will enable search engines to perform searches.
The purpose of Passporter and its Application is to create a social network in which users can share their experiences related to travel and tourism, by publishing multimedia content related to the trips they wish to make, carryout or have made, the creation of a community of travelers (the “ Passporter Community"). For this, it is possible to distinguish five (5) phases:
1.Registration phase:
(i)Personal account
If you wish to use the Application, you must register it on the same page through the form created for that purpose, for which you may follow the instructions indicated therein and indicate the required information (the "Registration Form"). Specifically, the data required in the Registration Form are: the email, a username, a password, as well as a unique profile image to identify you.
You are solely responsible for selecting a password with an adequate level of security. In order that, as requested, choose a password that becomes hard to decipher by a third party. If you suspect that your password has been known by a third party, you should proceed immediately to its modification.
Registration in the Application can be done, either through the Google+ API, through the Facebook or Instagram API and through manual form, once registered, you will be the holder of a personal account called a "Passport", in which the activity is carried out under the terms that will be described later. Registering on the application via any of these options means that you can provide us with personal data which you provided on these applications, such as your email address or profile picture, which is indicated in the registration process before you confirm your registration.
Through this procedure, you will get access to your personal account, and through the same account you have access to all the services provided by Passporter as well as its Community.
You are solely responsible for maintaining the confidentiality of your password, committing yourself for your security and not offering your data to third parties.
In the event that you detect that your account has been supplanted by a third party, you must inform Passporter´s team as soon as possible, in order to adopt the relevant measures.
The fraudulent use of a personal account by the User or a third party will mean the loss of the right to continue using the features of the Application.
(ii) Creation of the user profile
The elaboration of your profile should be according to the content and thematic of the purpose of the Application. For this reason, we will delete those profiles that contain:
Passporter may immediately suspend or cancel an account that violates any of the conditions mentioned in these Terms and Conditions, without prior notice.
Passporter will allow you, through a search engine, to search for travel destinations that will be identified by the tags or hashtags used by Users who have uploaded their photos and videos related to a specific trip (the"Memories").
You can control how your Memories are shared through the privacy settings. Further:
Furthermore:
(iii) Services offered by Passporter
In order that access to the Application is fun and safe, we present below the services we offer, as well as the essential conditions that you must respect for the benefit of the entire Passporter Community. Thus, the membership of the Passporter Community allows you to access the following services:
The services offered by Passporter can vary or be modified. Passporter will provide you with timely information about new services that will be available or ones that will no longer be available. The information will be updated in our legal texts, but you can also receive notifications through different mediums, such as push notifications, emails, etc. The sending of this type of information does not require prior consent as it relates directly to the service that Passporter is providing.
2. Creation of itineraries or places phase:
During this phase, you can search through existing destinations or create your next destination in the application.
You will be able to search for your chosen destination, and from there start developing your travel experience, either by using content already created in the app for that destination or by adding it yourself. Initially we enter the travel dates, then you can select places that have already been documented on the platform or add them yourself to the destination, enriching the user experience for yourself and other travellers in the Passporter community.
Once the destination has been created, you can add travel companions to it, either by entering the user name of those companions who are already registered, or by inviting them easily by Whatsapp.
Remember you will be able to carry out the following actions:
3. Discovery Phase
You can also use Passporter to discover places or itineraries, uploaded by other users, by our team or by third parties.
The application allows you to search for places or itineraries within the same selected destination, as well as to search for references, relate to other travellers and link them to that search, which you can save once configured.
4. Multiplatform experience:
The Passporter application is cross-platform, so you can get the most out of it whether you are using our application on your mobile device or accessing it from a web browser.
In addition, within the option of use from a web browser, for those Google Chrome users there is the possibility of installing our own extension, to import content from any website to improve the experience of planning your trip. To do this you just need to download the extension from the Google Chrome store and then register with Passporter.
5. Passport Phase
As we have indicated previously, when accessing the Application, you will create a profile in which you will include a profile image. You can edit, delete or replace that image at any time.
In relation to your Passport:
(i) It will indicate a series of numerical values that will show your activity within the Passporter Community, related to:
(ii) Your profile is divided into two tabs, "my itineraries" and "my spots". In the my spots section you can view the individual places you have created and saved. In the my itineraries section you can view both saved and created itineraries.
(iii) Within the "my itineraries" section there are 3 sub-sections:
(iv) Within the "my spots" section there are 2 sub-sections:
Section I: "Visited". This section will show the spots you have created. Regarding this section, you will be able to:
Section II: "To be visited". In this section the spots of other Users that you have saved are accumulated, in all cases the User to whom such spots belong is mentioned. Regarding this section, you can:
(v) Inside your Passport you will be able to:
6. Notification phase:
Passporter will send you the following notifications:
(i) Subscription notifications related to:
(ii) Notifications regarding comments received, including a link to the User and the day on which the comment was made.
(iii) Notifications regarding your itineraries or places that have been saved in other Users' Passports.
(iv) Notifications concerning Users to whom you are subscribed and who have published a new itinerary.
(v) Notifications regarding platform service information, improvements, new services and utilities, relevant changes in our texts or policies, agreements with collaborating companies that offer benefits of use of the platform, everything related to the service and while you are a user of the application.
7. Community Passporter Phase:
Passporter will show you Memories of other Users as suggestions, attending to your subscriptions. In any case, the Memories will be shown indicating the User from which they come.
These terms of use are governed by Spanish law, and the courts and tribunals of the city of Valencia shall have jurisdiction.