License Agreement

Version 1.0, valid from 20 May 2018

 

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 bars, clubs, restaurants and hotels, that have registered their venues or groups 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. For every multiple of 10 likes a user receives on their posted Insights, they are rewarded with 1 unit of our in-app token, for their contribution to the platform. We call these credits “Nocs”. You can also 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 to purchase Deals as offered by the venues and groups that are also part of our Nocto community. 

 

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:

• exploit, copy, distribute, transfer or sublicense our software or any part of it

• translate, adapt, alter, modify or make any derivative work of our software or any part of it

• 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

• 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 venues and or groups, 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

Except as otherwise stated in this Agreement or as expressly required by local law, any notice to us shall be given by either;

1. certified postal mail to: Nocto International B.V., Churchillplein 44, 3011 EW Rotterdam, The Netherlands, or

2. by email to: info@noctoapp.com

 

Any notice to you shall be given to the email address that you provided us during the registration process.

 

Notice given by postal mail shall be considered given five (5) days after receiving the mailing in our postbox.

 

Notice shall be considered within 48 hours after the mail has been received.

 

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

 

© Nocto International B.V. 2016-2022