PRIVACY POLICY AND COOKIE STATEMENT NOCTO

Version 1.0, valid from 27 January 2017
Introduction

Your privacy is very important to us. Accordingly, Nocto developed this policy in order for you to understand which information is collected by Nocto and how Nocto collects, uses, communicates, discloses and makes use of personal information. Nocto aims to comply with all legislation to make sure your privacy is properly protected.

Scope and definitions

In this Privacy Policy the following words have the following meaning:

    • Nocto: the provider of the services, hereafter also referred to as “we”, “our” and “us”
    • Website(s): the webdomains of Nocto, www.noctoapp.com and www.noctoapp.club
    • App: the mobile software application of Nocto
    • Services: the online platform offered by Nocto and made available through use of the website www.noctoapp.club and the app
    • User: every private person and every legal entity making use of the services provided by Nocto
    • Personal information: data related to an individual who is either directly or indirectly identifiable to Nocto or to a third party, such as, but not limited to, full name, date of birth, address, IP address, location, phone number, e-mail address, biometric data
    • Information: any other information that may be collected by Nocto, not being personal information, such as, but not limited to, device information, operating system information, browser type, date and time of use of the service, language preferences

This privacy policy covers all data provided by users of Nocto, either via our websites or our app.

How and when we collect your information

We obtain the information you provide when you download and register the app or use our websites. Users can access some features of the app without being logged into their account. However, please keep in mind that you will not be able to use all of the features offered by the app unless you are logged into your account.

When you register with us and use our services, you generally provide (a) your first and last name, e-mail address, date of birth/age, gender, username, password, city of residence and possibly other registration information; (b) information you provide us when you contact us for help. To be able to make full use of our services, you will also have to provide us with your location. This means you have to enable your GPS/location services on your mobile device and you have to allow our app to access information about your location.

In addition, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile internet browsers you use, and information about the way you use the app.

We do not collect and use any special personal information, such as your race, belief, health status, religion, sexual preference, other than under the specific strict circumstances and conditions of the applicable privacy laws.

How we use your information

We may collect and store information about you when you use our services. We use the information to fulfill your requests, provide the service’s functionality, improve the service’s quality, personalize your experience, track usage of the service, provide feedback to third party businesses that use our services, display relevant advertising, market the service, provide customer support, message you, back up our systems and allow for disaster recovery, enhance the security of the service, and comply with legal obligations.

We will only retain personal information as long as necessary for the fulfillment of those purposes.

By downloading and registering our app or by using our websites, you give your consent to the use of your personal information for the purposes mentioned in this policy by agreeing to the end user license agreement (app) or the terms of service (website). We do disclose your information to third parties that have access to our platform.

We will not disclose any personal information to third parties without your consent, except in the following cases:

  1. When a legal obligation is placed on us by a regulatory body or governmental institution with the necessary legal authority to disclose personal information of our users
  2. When it is necessary for the performance of our operations, such as protection from fraud
  3. When we change our legal framework, including when we are acquired by a third party or when we become part of another legal entity, the personal information held by us is considered a part of our assets and will as such be transferred to the new legal entity. However, in any case your personal information will be subject to our commitments as to protecting personal information.
Cookies

To make our services work properly, we sometimes place small data files called cookies on your device.

Cookies are small text files sent by us to your device and from your computer or mobile device to us each time you visit our websites or use our app. They are unique to your account or your browser. Session-based cookies last only while your browser is open and are automatically deleted when you close your browser. Persistent cookies last until you or your browser delete them or until they expire.

Some cookies are associated with your account and personal information in order to remember that you are logged in, to identify you as a user, to remember your actions and to keep track of your online behavior. Other cookies are not tied to your account but are unique and allow us to carry out site analytics and customization, among other similar things. Some cookies are essential for the functioning of our services and others aim to enhance the performance of our services. If you access the services through your browser, you can manage your cookie settings there but if you disable some or all cookies you may not be able to use all of our services.

Limitation of liability

The user who provides the information is solely liable for the information provided to us. We do not accept liability for any damages or losses, either direct or consequential, arising out of or as a result of information that is not accurate, incomplete, not up-to-date or false. In particular, we are not responsible or liable for any false information about a user’s date of birth/age. Our services are only available to individuals who are 18 years of age or older. We do not knowingly solicit data from any individual under the age of 18.

Our app and websites may contain links to other websites. We are not responsible or liable for data privacy policies and/or practices of these other websites and we have no influence as to whether the operators of those other websites act in compliance with data protection provisions. This privacy policy is solely applicable to data collected by us.

Security

We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. Please be aware that, although we endeavor provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

Exercise your rights

You can stop all collection of information easily by stop making use of our websites and uninstalling the app. You may use the standard uninstall processes as may be available as part of your mobile device or via the app marketplace or store. You can also request to opt-out via e-mail.

You are entitled to withdraw your consent allowing us to use personal information under this Privacy Policy at any time and at your own discretion by sending us an e-mail. Please note, however, that in case of such withdrawal, we are no longer in the position to provide you with all of our services.

You are also entitled to access your data and change them at any time. If you want to request information stored by us or you would like to make adjustments, please contact us via e-mail. To avoid fraud, we reserve the right to ask for proof of identity when you make such a request.

If a parent or guardian becomes aware that his or her child under the age of 18 has provided us with information without their consent, he or she should contact us via e-mail. We will destroy all information of individuals under the age of 18 that we may possess.

Changes

This policy may be amended from time to time. When any material changes are made to this Privacy Policy, we will provide our users with appropriate notice via e-mail. Users will be given a 30-day period to opt-out of our services. By continuing using our services once this period has expired you acknowledge and express your acceptance of the changes made and you will consequentially be bound to the terms of the new version of this Privacy Policy, which supersedes any previous versions.


Contact

For any questions or help, please contact us on info@noctoapp.com


The abuse of alcohol is dangerous to your health, please consume in moderation.


© Nocto International B.V. 2016/2017

END USER LICENSE AGREEMENT NOCTO APP

Version 1.0, valid from 27 January 2017
Introduction

This mobile software application (app) is created and owned by Nocto International B.V., hereafter referred to as “Nocto”, “we”, “us” and “our”. Nocto is the exclusive owner of all (intellectual property) rights in this software and all its accompanying documentation, including, but not limited to, copyright and trademarks. Nocto asserts all legal and moral rights under any jurisdiction.

In order to download and use our app and services, you need to be 18 years of age or older. By selecting “accept” you warrant that you are at least 18 years of age, that you have the legal power to enter into a binding agreement and are not barred by legislation and that the information you submit is and will always be true, accurate and complete.

Our services

We offer a platform that can be accessed through this app by our users and that can be accessed by third parties, such as clubs and bars, that subscribed to our services through our website. This agreement governs your use of our platform through our app. It does not establish a legal relationship between you and any other third parties.

After creating an account, you will gain access to our online platform and you will be allowed to post real-time photos and videos of the venue you are visiting and/or the event you are attending. We call this “Insights”. In order to be able to post Insights, you have to be within a range of 100 meters from the venue/event you are posting Insights of. In order for us to verify whether you are within this range, your mobile device’s GPS/location services have to be enabled. By accepting this agreement, you also agree to our Privacy Policy, which means you have given informed consent to the monitoring of your location, among other personal data. Users can like the content posted by other users. We call this “Hooting”. For every multiple of 10 Hoots a user receives on their posted Insights, they are rewarded with 1 unit of our in-app currency, for their contribution to the platform. We call these credits “Nocs”. You can also collect Nocs by checking into a venue that is subscribed to our platform. Lastly, you can collect Nocs by referring new users to our platform, but only when the referred individual actually creates an account in our app and starts using our services and the new user mentions the username of the one who referred him. The Nocs you collect can be spent for different purposes, such as buying drinks, gaining entrance to venues, skipping entrance queues and buying toilet- and wardrobe passes.

License agreement

By selecting “accept” and downloading our app, you enter into a binding license agreement with Nocto International B.V. and you agree to abide by all the terms and conditions of this license agreement. You also agree to our Privacy Policy, which forms an important and integral part of this agreement. Our Privacy Policy can be viewed on our website (Privacy Policy) and via the settings in the app after installation. By accepting this agreement and our Privacy Policy, you give us informed consent to collect and use your personal information according to the terms of our Privacy Policy.

Scope of license

By using our app, you are only granted a royalty free, limited, non-exclusive, non-commercial license to download, install and use one copy of our software application on your mobile device. By no means is our software, its source code, a copy of it or any rights attached to any of the aforementioned, transferred or sold to you. This license is limited and you may never, under any circumstances:

  1. exploit, copy, distribute, transfer or sublicense our software or any part of it
  2. translate, adapt, alter, modify or make any derivative work of our software or any part of it
  3. decompile or reverse engineer our software or any part of it, save for the purposes provided for under the EU software directive, considering the conditions have all been properly met
  4. mirror the software or the content or any part of it presented in the app on another server
User generated content

Users may upload and contribute content to our app, such as photos, videos, messages and comments. When you upload content, you warrant that you possess all the necessary rights to use and upload that content, such as copyright and privacy rights, and that your content does not violate rights of third parties, applicable laws and agreements. You agree not to upload any discriminatory, pornographic, violent or any other offensive content to our app. We may at times monitor and review the content uploaded. If we find that content violates any rights, laws or agreements, we may at our sole discretion and without prior notice disable access to such content, delete such content and/or delete the account of the user responsible for uploading such content.

When we are notified by users or third parties of a violation of their rights or of applicable laws or agreements in uploaded content we will investigate their claim and take appropriate action depending on our findings. This may also include the aforementioned measures.

Disclaimer of warranties

Our app is provided on an ‘as is’ basis. The use of our app and services is at your sole risk. We do not give any guarantees as to the functioning of our app and services. We do not give any warranties, either express or implied, including, but not limited to, as to satisfactory quality, fitness for a particular purpose, accuracy and non-infringement of third party rights. We are not responsible for any improvements, errors or security leaks.

Limitation of liability

In no event shall we be liable for any damages (including, without limitation, damages for loss of data or profit or due to business interruption) arising out of the use or inability to use our app and services, whether foreseeable or not and even if we or an authorized representative of us has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

The use of our app and our services is at your sole risk. We are not liable for any content uploaded to our platform by either users or third parties. We do not accept liability for any information provided by you that proves to be false, incorrect, incomplete or not up-to-date, including, but not limited to, information about your age, gender, origin and location. We are not responsible for the information provided by third parties, such as clubs and bars, including, but not limited to, events, deals and offers to spend Nocs.

Infringement and indemnification

You agree to be solely liable for any infringements to third party’s rights as a result of using our app and services. You fully indemnify us when we would be involved by a third party in a claim that is the result of your using of our app and services. This includes all costs in order to legally defend ourselves to claims of third parties, both in court and extrajudicial, as well as any direct and indirect damages - loss of profits, interruption of business and reputational damages included - arising out of or as a result of these claims.

Termination

We may at any time, at our sole discretion, for no reason and without prior notice, terminate or suspend this agreement. Upon termination of the agreement you are obliged to cease the use of our software immediately and uninstall all components of our software.

Changes

At any time and at our sole discretion we may adjust the terms of this agreement and our Privacy Policy. You will be notified of any material changes via e-mail. Before the new terms will become effective, you will have to accept the new terms in the app. If you do not agree to the new terms, please stop using our app. By accepting the new terms and continuing using our app you acknowledge and express your acceptance of the changes made and you will consequentially be bound to the terms of the new version of the agreement and our Privacy Policy, which supersedes any foregoing agreements.

Promotions

Occasionally we may offer you the chance to participate in special promotions through the app. Special promotions may be governed by separate different terms and conditions. If the provisions of a special promotion’s terms and conditions conflict with the terms of this agreement, those separate terms and conditions shall prevail.

Severability

Our failure to enforce any right or provision of this end user license agreement will not be considered a waiver of those rights. Should any provision of this agreement be held invalid or unenforceable for any reason or to any extent in any jurisdiction, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions, and the application of that provision shall be enforced to the extent permitted by law.

Governing law and jurisdiction

This agreement is governed by Dutch law. Unless otherwise required by a mandatory law of any jurisdiction, any dispute concerning this agreement, its execution and its interpretation shall be issued and adjudicated exclusively by the district court of Amsterdam, The Netherlands.

Contact

For any questions or help, please contact us on info@noctoapp.com

The abuse of alcohol is dangerous to your health, please consume in moderation.



© Nocto International B.V. 2016/2017

DISCLAIMER NOCTO

Welcome to the website of Nocto, www.noctoapp.com & www.noctoapp.club. When you enter and use our website, please take note of the terms of this disclaimer.

CONCEPTS
    • web page: every web page, part of the domains www.noctoapp.com and www.noctoapp.club, in which the editor has placed a hyperlink to this disclaimer with the intention to make it applicable to that web page
    • editor: the authorized editor of the web page
    • user: every private person or legal entity making use of the web page
    • use: amongst others to load, to log on, to inquire, to consult, to read, to examine, to listen, to edit, to fill in, to send, to copy, to store, to forward, to spread, to use offered services, to commit acts of law
    • content: amongst others texts, images, lay-out, design, hyperlinks, video- or sound clips and any other objects on the web page
    • damage: direct or indirect and consequential damages of any nature, such as loss of data, loss of business, loss of income/profit, and any other economic disadvantage
SCOPE

This disclaimer is applicable to this web page. By using the web domains www.noctoapp.com or www.noctoapp.club and its main- and subpages, the user agrees unconditionally with this disclaimer.

EXCLUSION OF LIABILITY
3.1 CONTENTS

The editor provides the contents of this webpage ‘as is’, without any guarantee concerning its soundness, fitness for a specific purpose or otherwise. All contents on this web page have been prepared for general information purposes only to permit you to learn more about Nocto and the services we provide. The information presented may not be current and is subject to change without notice. Despite the efforts of the editor to present all information as accurate, complete and up-to-date as possible, some information might be inaccurate and/or incomplete and/or out-of-date. The editor excludes liability for any damages that (may) occur as a result of or are related to the use - either legitimate or illegitimate - of this web page.

3.2 HYPERLINKS, FILES & EXPRESSIONS FROM THIRD PARTIES

The editor excludes liability for the contents of any file or expression provided by third parties which are connected to or published on this web page, as well as for the contents of any web page of third parties that may be accessed via hyperlinks on this web page. The inclusion of files or expressions from third parties on this web page does not mean that the editor confirms or encourages their contents. The inclusion of hyperlinks on this web page does not imply any association or relationship between the editor and the third party and does not constitute or imply any endorsement, approval or sponsorship of the third party by the editor, or the endorsement, approval or sponsorship of the editor by the third party. The hyperlinks do not imply legal authority to use any protected rights of others reflected in the (contents of the) hyperlinks. The editor does not vouch for or assume any responsibility for the content, accuracy or completeness of contents presented directly or indirectly on hyperlinked sites.

3.3 ACCESSIBILITY

Despite the efforts to make the web page accessible to the public at all times, this may not always be the case. The editor excludes liability for any damages that (may) occur as a result of or which are related to the impossibility to consult the (contents of) the web page. The editor reserves the right to take the web page (temporarily) offline, block access to the web page and monitor access to the web page. Where this webpage allows you to submit information, this is at your sole risk. It is not a guarantee that your information is received. No expectations can be derived from submitting information.

INTELLECTUAL PROPERTY

Improper and/or unauthorized use of this web page constitutes an infringement of the (intellectual property) rights of the editor and/or other third parties that may have contributed to this web page, unless prior written consent has been given by the rightowner(s). No part of the texts, images, artwork, lay-out, design, trademark and logos, and any other contents displayed on this web page may be copied, reproduced, stored, republished, uploaded, posted, transmitted, or distributed in any form or by any means, electronic or mechanical - now known or hereafter invented - without the prior written consent from the editor. Unless prior written consent has been given by the editor, the user agrees not to link the contents on this web page to another website, nor to associate or frame (the contents of) this web page with another website or with any other materials belonging to any other entity.

INDEMNIFICATION

The user releases the editor and its business partners of liability and of any judicial and extrajudicial measures, including costs of (legal) representation, which are the result of or are in any way related to the use of this web page and/or infringements on rights of third parties.

GOVERNING LAW AND JURISDICTION

Any disputes concerning this web page and its contents shall be governed by Dutch law and shall be exclusively adjudicated by the district court of Amsterdam, The Netherlands.

The abuse of alcohol is dangerous to your health, please consume in moderation.



© Nocto International B.V. 2016/2017

TERMS OF SERVICE

Version 1.0, valid from 27 January 2017
Introduction

Welcome to our website www.noctoapp.club, hereafter referred to as “website”. This website and the platform provided on it is created and owned by Nocto International B.V. By accessing and using these services, the venue represented by you, hereafter referred to as “you”, agrees to enter into a binding legal agreement with Nocto International B.V., hereafter referred to as “Nocto”, “we”, “us” and “our”. We provide our services through our mobile application (app) and through the platform on this website, hereafter referred to as “services”. We provide our services subject to these Terms of Service, hereafter referred to as “agreement”. By accepting this agreement, you also agree to our Privacy Policy, which forms an integral part of this agreement. Our Privacy Policy can be found here (Privacy Policy).

You warrant that you have the legal authority to enter into this agreement and accept it on behalf of the venue you represent. By accepting this agreement, you agree to all its terms and conditions. You also agree to co-operate with us in order to verify your identity and to verify whether you are a legally authorized representative of the venue. When you fail to comply with our verification process, we will refuse access to our platform.

When you subscribe to our services and pay the subscription fee (after the free trial), you are granted a non-exclusive, non-transferable right, limited in time, to access and use our web based platform, limited to all the terms and conditions of this agreement.

What we offer

We offer an online platform that can be accessed through our website by the venues that subscribe to our services, hereafter referred to as “venues” and by our users through our app, hereafter referred to as “users”. This agreement governs the use of our platform through our website by venues. It does not establish a legal relationship between the venue and our users. Neither does it constitute a joint venture of any kind between the venue and us.

After creating an account our users gain access to our platform through our app and they will be allowed to post real-time photos and videos of the venue they are visiting and/or the event they are attending. We call this “Insights”. In order to be able to post Insights, users have to be within a range of 100 meters from the venue/event they are posting Insights of. We verify the user’s location via their GPS enabled mobile devices. Users can like the content posted by other users. We call this “Hooting”. For every multiple of 10 Hoots a user receives on their posted Insights, they are rewarded with 1 unit of our in-app currency, for their contribution to the platform. We call these credits “Nocs”. Users can also collect Nocs by checking into a venue that is subscribed to our platform. Lastly, they can collect Nocs by referring new users to our platform, but Nocs are only earned when the referred user signs up for our services and the new user mentions the username of the one who referred him. The Nocs collected can be spent for different purposes, such as buying drinks, gaining entrance to venues, skipping entrance queues and buying toilet- and wardrobe passes.

We collect personal data of our users through our app. These data will be processed by us and may be shared with you. Users have given their consent to the collection and sharing of the personal information they provide with third parties by accepting the agreement that is in place between us and the user, in which agreement our Privacy Policy is incorporated. We only offer our services to users 18 years of age or older.

By subscribing to our services as a venue you gain access to the profile management system of your venue. In the profile management system you will, amongst others, be able to review the data collected from our users relevant to your venue, you will be able to efficiently market your venue to our users and you will be able to offer our users ways to spend their Nocs in your venue. The data are presented in four main categories, being Insights, Events, Statistics and Deals. You agree not to transfer, sell, license or modify the personal information provided, nor to use the personal information for any other purpose.

Free trial

We offer a free trial period during which you can try out our Premium Package services for 1 month from the date you register. You will not be required to enter your billing information in order to sign up for the free trial, but you may provide such information during the free trial period. You will, however, not be charged until the free trial period ends. If you have not provided your billing details at the end of the free trial, you will lose all access to our services. In case you provide your billing details after the free trial period, you will regain access to our services dependent on which service you are subscribing to. You may also cancel your subscription at any point during the free trial period. Upon cancellation, you will lose all access to our services and any data or information you may have provided to us, at the end of the month for which you have already paid. You can only make use of our free trial offer once. If you have provided your billing details and you have not cancelled your subscription before the end of the free trial period, your free trial will automatically be converted into a paid subscription and you will be charged for the first month of your chosen package.

Subscription packages

We offer a standard (€ 99,-- excl. VAT) and a premium (€ 149,-- excl. VAT) monthly package that you can subscribe to

You can also become a partner by opting for a longer-term subscription, called “partnership”. Because we appreciate your willingness to enter into a longer-term relationship with us, we give you a discount, the value of which depends on the term of the subscription and the package chosen. You will pay your subscription fee for the whole term upfront.

For more information and a full description of the different packages we offer, you are invited to contact us at info@noctoapp.com, citing ‘PARTNERSHIP’ in the subject of your e-mail.

Payment conditions

Unless otherwise stated, all our fees are in Euro’s (€), exclusive of Value Added Tax (VAT) and billed in advance.

All our fees are fixed for the subscription period chosen. We reserve the right to adjust the prices of our packages from time to time. Existing subscribers will be given notice of an increase. An increase in a subscription fee can only become effective after the current billing period. In case of a decrease in a subscription fee during a current billing period, you will not be refunded the difference between the subscription fee paid and the new subscription fee.

If you are paying by credit card, you authorize us to charge your credit card or bank account for all fees payable during the subscription term. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.

You agree to any further and more specific payment conditions, such as those mentioned on invoices we may send you.

If you fail to adhere to any of our payment conditions, your membership may be suspended and we may block access to your account on our platform.

Termination

Our monthly subscriptions can be cancelled by you at any time before the end of the current billing period. You will, however, not get a refund for the remainder of the month you already paid for. After cancellation, you won’t be billed for the next month.

Our longer-term partnership packages cannot be cancelled by you before the end of the agreed term. For example, if you choose a yearly subscription and you would like to cancel your membership after 6 months, you will not be refunded for the other 6 months still remaining of your subscription. You can only cancel your membership at the end of the current billing period by giving us at least 60 days prior notice before your membership expires. If you do not cancel your membership in time, your membership will automatically be renewed for the same term. The renewal price is subject to any adjustments made.

Upon cancellation of your subscription you will lose access to our services and any data or information provided by you at the end of the current billing period.

Either party may terminate this agreement for cause, as to any subscription packages:

    • upon 30 days’ notice to the other party of a material breach if such breach remains uncured at the expiration of such period;
    • upon 30 days’ notice if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers;
    • with immediate effect by written notice and without prejudice to any other claim or remedy, if the other party:
        • shall be dissolved or liquidated, is declared bankrupt or otherwise becomes the subject of suspension of payment or other insolvency proceedings, or if it must reasonably be expected to be unable to meet its obligations under this agreement;
        • fails to comply with the laws and regulations to which it is subject;
        • is subject to a change of control or if the management of the other party is changed and such change is in the reasonable opinion of the terminating party (potentially) detrimental to its business interests;
        • becomes the subject of criminal proceedings or any other serious act of misconduct or neglect;
        • becomes involved in any matter of public, political or social controversy in a manner which exposes the terminating party to unfavorable publicity by association.

This agreement may not be terminated prior to the end of the subscription term, but for the reasons provided for in this termination clause.

Force Majeure

No party to this agreement shall be held responsible for any failure to fulfil its obligations under this agreement if such failure has been caused (directly or indirectly) by circumstances beyond the control of the defaulting party, including, but not limited to, any failure in a utility service or telecommunications network.

A party unable to fulfil its obligations duly and timely because of an event of Force Majeure shall inform the other party promptly, both orally and in writing, specifying the cause of Force Majeure and how it may affect its performance, including a good faith best estimate of the likely scope and duration of interference with its obligations, and shall make best efforts to terminate or avoid as soon as practicable the Force Majeure circumstances.

In the event that the situation continues to exist for longer than two months, the non-defaulting party may at its discretion terminate the agreement by notice in writing at the end of that period. The terminating party shall, in such an event, not be liable for damages caused by the termination to the party in default.

Intellectual property

We explicitly retain all our rights, titles and interest in and to the services we provide and the platform we gain access to, including copyright to our software, designs, texts and contents, and any other materials, either tangible or intangible, and trademarks to our brand.

By subscribing to our platform, we grant you a non-exclusive, limited license for the duration of your subscription, to use our name and our logo on your website for the sole purpose of promoting us and our services. We reserve the right to revoke this license for any reason at any time.

We do not obtain any rights from you by entering into this agreement. You only grant us a worldwide, royalty-free, non-exclusive, limited license to use your name and logo for the purposes of presenting your venue to our users on our platform, promoting our platform to third parties and promoting your business on our websites.

Updates

You acknowledge that from time to time we may apply updates to our services and that such updates may result in changes in the appearance and/or functionality of the services (including the addition, modification, or removal of functionality, features, or content). We shall provide, implement, configure, install, support, and maintain our services at our own cost and provide for all updates, upgrades, enhancements, improvements, releases, corrections, bug fixes, patches, and modifications to our services.

Liability

In no event shall we be liable for any damages (including, without limitation, damages for loss of data or profit or due to business interruption) arising out of the use or inability to use our services, whether foreseeable or not and even if we or an authorized representative of us has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

The use of our platform and our services is at your sole risk. We are not liable for any content uploaded to our platform by either users or venues. We do not accept liability for any information provided by our users that proves to be false, incorrect, incomplete or not up-to-date, including, but not limited to, information about their age, gender, origin and location. We do not accept liability for information you provide as a venue, such as information about deals, events and offers to spend Nocs. When you upload content, you warrant that you possess all the necessary rights to use and upload that content, such as copyright and privacy rights, and that your content does not violate rights of third parties, applicable laws and agreements. You agree not to upload any discriminatory, pornographic, violent or any other offensive content to our platform.

We may monitor the content uploaded and take appropriate measures when content violates third party rights, applicable laws, agreements, or is to be regarded, at our sole discretion, as violent, discriminatory, pornographic or in any other way offensive. If you come across such content or any other content that harms the reputation or name of your venue on our platform please contact us. We will investigate the issue reported and take appropriate measures if needed.

Indemnification

You shall defend, indemnify, and hold harmless Nocto, its affiliates, directors, officers and employees, from and against all claims, losses, damages, penalties, liability, and costs, including reasonable legal and attorneys’ fees and extrajudicial costs, of any kind or nature which are in connection with or arising out of a claim (a) alleging that the content you upload on our platform or your use of our services infringes or violates the intellectual property rights, privacy rights, or other rights of a third party or violates applicable laws or agreements; (b) relating to, or arising from, your uploaded content or your breach of these Terms of Service.

Severability

Our failure to enforce any right or provision of these Terms of Service will not be considered a waiver of those rights. Should any provision of these Terms of Service be held invalid or unenforceable for any reason or to any extent in any jurisdiction, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions, and the application of that provision shall be enforced to the extent permitted by law.

Survival

Any provision of these Terms of Service which, to give effect to its meaning, must survive, and such other provisions which expressly, or by their nature, are intended to survive termination shall survive the expiration or termination of these Terms of Service.

Changes

We may from time to time, at our sole discretion, modify or replace these Terms of Service. You will be notified by e-mail of any material changes and you will be given at least a 30-day period to opt-out of our services should you not agree to the new terms before they become effective. If you continue using our services after this period has expired, you automatically express your acceptance and consent to the new terms, which supersedes any previous versions of these Terms of Service.

Governing law and jurisdiction

These Terms of Service shall be governed and construed in accordance with Dutch law. Unless otherwise required by a mandatory law of any jurisdiction, any dispute concerning these Terms of Service, its execution and its interpretation shall be issued and adjudicated exclusively by the district court of Amsterdam, The Netherlands.

Contact

For any questions or help, please contact us on info@noctoapp.com

The abuse of alcohol is dangerous to your health, please consume in moderation.



© Nocto International B.V. 2016/2017