License Agreement

Rules referring to use:

 

Read these commercial terms and conditions with care. The terms and conditions regulate the use of our services. By your access or by using our services you agree with all terms and conditions in this agreement, which are incorporated in this agreement as stated hereafter.

 

The terms and conditions apply to following services:

ThyNote.com

m.ThyNote.com

 

Our services are not specialized in or destined for individuals under 13 years of age. If you are an individual younger than 13 you must not use our services. If you are younger than 18 but older than 13 you may use our services only under supervision of your parents or a statutory representative who hereby agree to be bound by this agreement.

Principles of personal data protection. Following describes how we deal with your personal data and protect your privacy while using our services. By using our services you agree that ThyNote may use your personal data in accordance with our policy of privacy protection and may store these data in our servers. Small data files called “cookies“ are also used by our services, to provide a content which is close to your interests and also in order to improve our services.

Risks. ThyNote and other activities based on locating which are arranged by our services may be dangerous, and may navigate you to places which are accessible with difficulty or possibly tricky. During the journey to a building or during other activities which are based on locating you may risk damage of property, bodily harm, or, in an extreme case, death. There are many variables which are necessary to be considered before the start of a journey to a building or during the journey, such as the weather, physical capability, field and outdoor experiences. Always follow your common sense and be careful. Translators and forum moderators/administrators bear no responsibility for any injury or loss which may occur due to use of our services in their full scope.

Account registration. You are obliged to open an account and provide some particular information about yourself to be able to use many functions by means of our services. You are responsible for keeping your account password in secret. You are also responsible for keeping the account with up-to-date information occurring in your profile.

Information about data collection. While using our services, information from you browser or mobile devices is received and recorded automatically, including:

Your position

Your IP address

Time and date of the access

The user´s ID which is assigned to the account by means of which you access our services

Access to Premium or Free accounts

Geographical widths and lengths of any retrieval

Files /access statements

Versions of our application you use

Cookie information

Required page

How may we deal with your personal data? We may use your personal data gathered by means of our services, which may include your name, e-mail address, or other information which are unique for you:

 

For purposes such as the account registration, user´s identification, Premium membership. For our own internal commercial purposes, e.g. analysis of use of our services by means of Google Analytics, market survey, and optimization of mobile applications.

In case we would like to inform you about some new products and services, to share information about our existing products and services, e.g. by means of our ThyNote.com and m.ThyNote.com webs and other emails, to inform you about ThyNote development.

You want to verify your identity.

To share your experiences with use of our services with others.

We would like to communicate the up-to-date information about changes in our services and licensing agreement to you.

For payment authorization, either by means of safe processing by a third party through the payment gate, or by means of other payment methods.

For improving our products and services.

In case that you would like to adjust the content accessible by means of our services.

For you to be able to log in, share information by means of the web or social network such as Facebook and Twitter.

We want to restrict the access to our services or communication for users who have broken our terms and conditions in the contract of use, or committed other breach of law or rights of the others.

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Who do we share your personal data with? With the exception of cases stated hereafter, we do not share or sell the information which identify our users personally, or enable other persons to contact them directly. We share your personal data as follows:

 

With other users. We may release personal data of other people who use our services in case you decide to share your personal data such as your email address, photos or other data in your public profile. We will share your user´s name, location, and any other information or content, written text, with others when using public functions of our services, such as a created event or subject, described trip route, marking as “visited“, or when attending a discussion forum.

With third parties of service providers. Time to time we give work to other companies and individuals who carry out specialized functions, such as safe processing of credit cards and e-mail services, in our name. They may have access to personal information which is necessary for carrying out these functions but it is forbidden to use these information for other purposes.

Protection of us and others. We may release personal data in case that it is required by law, or in good faith that such release is necessary and in accordance with the rules of law, or in order to protect our rights or property, our services, users, or public.

Commercial transfers. In an improbable case that we sell some or all of our products, or in case that we reorganize, the customers´ records would be probably transferred to the company of succession or the new entity. Nevertheless, all personal data in these records will continue to be subject to the protection of personal data as promised and stated in these Rules in their current version.

 

How we use cookies. We use cookies and common automatic data collecting technologies in order to provide particular services, such as marking an object as “visited“.

We gather dates, time, some information about the browser, users and system, or configuration of the device, navigation history, and IP addresses for all users of our website. We use these information for our system management and safety.

Our cookies which identify you:

For automatic identification of a user during his return to our website or mobile application and adjustment of some attributes and functions.

To make automatic recording of your activities on our website and mobile application.

To manage, observe and adjust advertising campaign.

We use Google Analytics cookies for following the users. You may use some tools in the browser such as “delete and forbid cookie“, but some functions will not be available.

Cookie advertising files of third parties. We allow other companies to display adverts on our website. We do not wish to check their use of cookies or other technologies and procedures for data collection. Currently we are using Google AdSense to display adverts on our website. Google uses other companies, such as PointRoll a Nielsen / NetRatings, in order to unify adverts. Please, visit Google site for more information about technologies they use and for their personal data protection principles.

 

How can you alter or delete your personal data which we have? You can access your account, alter or delete information yourself, by means of your ThyNote.com profile. In case you need help, or you have questions regarding the alternation or deletion of information which we have gathered, please send us an email.

 

Licence. On the basis of your consent with this agreement, ThyNote hereby gives you a limited, non-exclusive, non-transferable, fully revocable licence to display and use our services for your personal, non-commercial purposes in compliance with this agreement or with the policy published on our website or applications.

Restrictions. Following restrictions apply to the authorization to use our services. It will be according to our consideration to assess whether the restrictions have been broken or not. You agree that you will not:

Use any robots or other automatic devices in order to access our services for any purpose without our explicit consent in writing.

Put other website or mobile applications in our website or any part of our website without our consent in writing.

Use our services, including GPX files, for other purpose than your personal use without our consent in writing.

Load our infrastructure excessively or disproportionately.

Misuse or use errors, project errors, or our service problems.

Interfere or try to disrupt proper operation of our services, or carry out any activity which results in impeding or limitation of the access to our services.

Record, send, transfer, or otherwise distribute (including by means of sending an email to us) any content which is illegal, harmful, threatening, pejorative, harassing, law breaking, slanderous, rude, blasphemous, obscene, insulting, privacy limiting, hateful, embarrassing, unsuitable for children and juveniles, or unsuitable for any other individuals or legal entities from the point of view of their race, ethnic group, or other.

Pass yourself off as someone else, or as a different entity, or otherwise misrepresent your relationship with other person or entity.

Transfer or otherwise distribute a content which you do not have any right for under any law, or on the basis of a contractual relation, or as an authorized person, or you have not acquired third parties ´ consent necessary for use of such content by you.

Record, send, transfer, or otherwise distribute any content which infringes a patent, registered trade-mark, trade secret, copyright or other intellectual property rights of any individual.

Record, send, transfer, or otherwise distribute unwanted or unauthorized advertising materials, unwanted mail, chain letters, “pyramidal” games or another forms of wrongful intrusion.

Record, send, transfer, or otherwise distribute any content which includes bugs or a different computer code, files or programmes which cut off, damage, limit functionality, or cause harm to our services, or any computer software or hardware, or phone devices.

Retrospectively, analyse the source code of the software which is connected with our services.

Break any local, state, national or international law in force.

Limit the right of the others to use our services.

Disturb or otherwise damage interests of other users of our services, ThyNote employees, or third parties.

Gather, sell or distribute personal data of other users of our services.

Support any illegal activities or provide instructions for such activities.

 

Interruption and termination. We reserve the right to interrupt or terminate your access to our services, including the right to delete your account, at any time and for any reason, without prior warning and without any warranty. For example, we may interrupt or terminate your account in case that you are suspected to use your account in order to break the terms and conditions in this contract, or any other conditions, directions, and politics. Every interruption or termination of your account from these reasons applies to you personally, you must not access our services by means of any other account, which you own or create. We also reserve the right to terminate or interrupt user accounts which have not been active for a longer time. Equally, you may stop using our services and terminate this contract at any time.

Your content. The content as a whole which you send by means of our services, this includes your contributions, assessments, building descriptions, pictures, comments. You are fully responsible for the content which you record by means of our services, either by mail, forms or other means. Not ThyNote. You state and guarantee that you have all necessary rights and powers for spreading the content as a whole.

 

Content rights. By putting a content in our services you award ThyNote a global, non-exclusive, royalty-free, permanent, irrevocable and fully transferable right to use, copy, adjust, adapt, publish, translate, create related works, distribute and display in such media which is known now, or which will be created in the future. You agree that we are not obliged to watch and protect your rights in a content you may put in our services, but in case that there is another person who owns the content and you provide it by means of our services without his or her consent we have the right to remove the content from our website by his or her request.

Claim that copyright has been broken. ThyNote respects other individuals ´ intellectual property rights and it requests the same from you and other users of our services. If you suppose that your work has been published by means of our service in a way which breaks copyright it is necessary to report this fact to ThyNote as follows:

Describe the copyright work or other intellectual property which, according to your opinion, has been broken.

Identify the material which, according to you, break the rights and must be removed, including description where it is placed on our website or mobile application.

Your address, phone number, e-mail address; ThyNote will contact you about your complaint.

A statement signed by hand or electronically, that the data stated above is correct, that you have good faith, the material used and identified has no permission of the copyright owner, his deputy or under law; and you, being aware of the criminal consequences of a breach of oath, are the copyright owner or you are authorized to act in the copyright owner´s name in this situation.

 

No warranty. Because our services are open, used and available, we provide no particular warranty regarding our services or content which is available by means of our services. Equally, with regard to reliability, functionality, accuracy and truth (either provided by ThyNote or our users), or non-existence of bugs or errors. Under applicable law, in maximum scope, we disclaim all warranties or conditions.

 

Limits of compensation. Regardless of form or cause of a purported claim on the basis of a statement, ThyNote and its members who work as reviewers, translators, forum moderators/administrators will not be responsible for any direct, indirect, random, subsequent, exemplary, criminal, or specific damage, loss of earnings, or damage incurred from your use of our services, because you have been warned about such damage, even if remedial measures are specified otherwise than in this agreement. In case that the competent court determines that the restrictions stated above are not effective, within the legal range, the total liability of ThyNote and community members, who work as reviewers, translators, and forum moderators/administrators, will pay you for any claim under this agreement or arising from providing our services, including supposed warranties; the maximum sum of money is the same as you paid for our services, or the cost of direct damage arisen to you with reference to our services, according to which is lower.

 

Compensation. You agree to compensate ThyNote and its staff, employees, agents and members, who work as reviewers, translators and forum moderators, for damage and costs (including adequate fees for legal representation), which may arise ThyNote in connection with:

your breach of any provisions in this agreement.

Use of services and activities leading to ThyNote damage.

Your breach of legal regulations in power.