These Terms & Conditions of Use constitute your agreement with Yoospot Tech Ltd. Read them carefully; these provisions bind you as soon as you access or use Yoospot Website www.yoospot.com or Mobile application (hereinafter, “App”) owned by Yoospot Tech Ltd. Corporate name: Yoospot Tech Ltd. Registered office: Talgarth Road Talgarth Mansions 79 W14 9DF, London, United Kingdom. Unique Taxpayer Reference (UTR): 4447800282 The access or use of Yoospot Website or App by the user implies the user’s full acceptance of these Terms & Conditions of Use and obligation to fully comply with them. Attention: If you do not agree with all or some of these Terms & Conditions of Use, you should not use the Yoospot App or Website. Yoospot reserves its right to update, modify, amend or delete the present Terms and Conditions of Use, at any time, in whole or in part. It is therefore the user’s responsibility to regularly consult the latest version of the Terms & Conditions of Use.
Yoospot provides the user with an online platform to search and share trustworthy and reliable recommendations.
1.- CONDITIONS OF USE FOR YOOSPOT WEBSITE OR APP
The user is obligated to make proper use of the Website and App, with proper use understood to mean in compliance with the legislation in effect, good faith, and public order. The user is also committed to not use the Website and App for fraudulent purposes nor act in a way that could damage the image, interests, or rights of Yoospot or of any third parties. The user is also committed to not act with the intention of damaging or overloading the Website or App, making it unusable or that in any way interferes with their normal use and functioning.
The user is hereby informed that, in the case of non-compliance with any of the obligations derived from the Terms & Conditions of Use of Yoospot Website or App or from any other individual terms or conditions, Yoospot reserves the right to limit, suspend, or terminate the user’s access to the Website or App, adopting any technical measures that may be necessary for this purpose. Yoospot also reserves the possibility of exercising such measures under circumstances where there is reasonable suspicion that the user is violating any of the above mentioned terms.
Yoospot reserves the right to update, modify, or delete the information contained on the Website and App, including the contents and/or services integrated into it, and may limit or not allow access to such information at any time and without prior notice. Yoospot especially reserves the right to delete, limit, or prevent access to the Website or App when technical difficulties arise due to facts or circumstances beyond Yoospot’s control, and which, in the judgment of Yoospot, may decrease or invalidate the security levels or standards adopted for appropriate operation of the Website or App. For such purposes, Yoospot reserves the authority to, at any time, decide whether to continue with the information society services that it provides through the Website or App.
Contributions must be based on real experiences and information. Deliberately fake content, off-topic contributions, defamatory language, personal attacks and unnecessary or incorrect content are all in violation of our Terms & Conditions of Use. If you see this behavior, please report it. 2.6.2. Reasons for rejecting user content User content may be rejected for the following reasons: if the user does not adhere to the “Conditions for posting contributions” as set out above; if Yoospot believes that a civil or criminal liability may be engaged; if the user content or the elements relating to the identity of the author contain insults or vulgarities; if the text of the user content contains random characters or word sequences with no meaning; if the user content is unrelated to the restaurant or location being reviewed or adding a useful contribution; if the user content is or is suspected of being a breach of third parties’ intellectual property rights; if the contribution raises issues of conflict of interest or fraud, or if Yoospot believes that it does amount to such conflict or fraud; if the text of the user content is badly written to the point of being unintelligible; if a user makes an inappropriate comment about another item of user content or its author; if the user content contains personal information or elements likely to lead to identity theft, such as the first or last names of individuals who are not public persons, a telephone number, a postal address or an email address; if the user content mentions websites, hypertext links, URLs, email addresses or telephone numbers; or if the user content is clearly spam. If a user is identified as having posted content which is fraudulent or that Yoospot believes to be fraudulent, Yoospot, after applying the procedures for the rejection or deletion of the content, may deactivate the user’s account, and delete all of their contributions. 2.6.3. Moderation of contributions Yoospot has no obligation to moderate or remove contributions. Yoospot moderates the contributions, on a reasonable endeavors basis to ensure that the contributions are in compliance with these Terms & Conditions of Use with and proceed with publishing, rejecting or deleting them. Users may request the moderation of a previously published contribution by sending an email to [email protected] specifying the reasons for their moderation request. 2.6.4. Use of the user content Users agree that by posting user content on Yoospot App they automatically grant an irrevocable, permanent, non-exclusive, royalty-free license to Yoospot to use, copy, display, adapt, modify, translate, distribute, have distributed or promoted, incorporate into any advertisements or other materials, create derivative works thereof, enhance, disseminate, or otherwise distribute such user content with no territory limitations, and to enable third parties to do the same, this in any media whether online or not. In addition, by posting user content on Yoospot App, users automatically grant to Yoospot all rights necessary to prohibit any display, aggregation, copying or use of such user content by any third party for any purpose whatsoever. Users agree not to exercise their rights on the user content in a manner incompatible with the licenses granted above. Users represent and warrant that they are entitled to grant the above licenses.
INTELLECTUAL PROPERTY Users agree not to submit, copy, resell, republish, or, in general, make available in any form whatsoever any content, data, information or item received from Yoospot or available on Yoospot Website and App, to another individual or legal entity from any country. All intellectual property rights relating to the content and information on Yoospot Website and App belong to Yoospot, with the exception of third party rights, for which Yoospot has obtained the necessary rights or licenses. The rights conferred to users by using Yoospot Website and App and the services supplied by Yoospot do not entail any license of rights or permission to use or exploit any part of Yoospot Website or App. All elements (brands, designs, texts, hyperlinks, logos, images, videos, sounds, software, screen lay-out, databases, codes etc.) in/on Yoospot Website and App and on associated sites are protected by national and international intellectual property law. These elements remain the sole property of Yoospot and/or its licensors. Therefore, without prior written permission from Yoospot and/or its partners, users may not reproduce, represent, republish, redistribute, adapt, translate and/or amend in part or in full, or transfer to another media, any information from Yoospot Website or App. Users acknowledge and understand that failure to comply with the provisions constitutes an infringement punishable by civil and criminal law.
LIMITATIONS OF LIABILITY 6.1 Warning Yoospot offers no warranty in relation with the content, objectivity or accuracy of the user content, including but not limited to the contributions posted by users on Yoospot App. 6.2 Modification of Yoospot Website or App Given the interactivity of Yoospot Website or App, all the information it contains is subject to change at any time, without this engaging the responsibility of Yoospot. 6.3 Use of Yoospot Website or App Due to the specific nature of the Internet, Yoospot does not warrant uninterrupted access to Yoospot Website or App or service continuity, the only obligation of Yoospot being one of reasonable endeavors in this respect. Yoospot shall not be liable for any failure to access Yoospot Website or App or for any damage or loss arising out of the use or inability to use Yoospot Website or App or its content, except as provided by law. Yoospot does not warrant that the information displayed is detailed, complete, verified or accurate. The restaurants and locations content, information, restaurant pages and, in general, any content on Yoospot Website or App are provided “as is” without any express or implied warranties of any kind whatsoever. 6.4 Users warranties and indemnities Users warrant that they are fully familiar with the features and limitations of the internet. In particular, they acknowledge that it is impossible to guarantee that the data/communications sent by users over the internet are exposed to a variety of threats and may not be considered as secure Yoospot cannot be held responsible for any incidents which could arise from this transmission of data. Yoospot also does not guarantee the full security of its systems, and although appropriate security measures have been adopted, the existence of vulnerabilities cannot be fully eliminated and the user must therefore use caution when interacting with Yoospot Website or App. Users agrees to indemnify Yoospot against any liability, damage, expense, claim or cost, incurred by Yoospot arising from any claim or dispute, in or out of court, in relation with the use of the services of Yoospot, including the posting of user content on Yoospot Website or App by users. In any case, users explicitly acknowledge and agree to use Yoospot Website or App at their own risk and under their sole responsibility. It is the user’s responsibility to adopt all appropriate technical measures to reasonably control threats, including among others, possessing updated detection systems for malicious software such as viruses, Trojans, etc., as well as keeping security patches up-to-date in the corresponding browsers. In particular, Yoospot will not be liable for: Damages or losses of any type caused to the user’s computer equipment by viruses, worms, Trojan horses, or any other harmful element. Damages or losses of any type caused to the user by malfunctions or disconnections in the telecommunication networks that lead to suspension, cancellation, or interruption of the Yoospot Website or App services while they are being provided. In relation to this, the user hereby recognizes that access to Yoospot Website or App requires services supplied by third parties that are beyond Yoospot’s control (for example: operators of telecom networks, access providers, etc.) where Yoospot is not in control of the reliability, quality, continuity, and operation. Information from third parties in cases where Yoospot is acting as an intermediary service provider. Damage or injury, whether direct or indirect, that the users may suffer by improper use of the Yoospot Website or App or its contents, Yoospot does not assume any commitment to providing notification of changes to the content or to modifying it.
Other provisions 7.1 Severability In the event that any provision of these Terms & Conditions of Use are declared null and void, illegal, unenforceable or inapplicable, the validity, legality, enforceability or application of the other provisions of these Terms & Conditions of Use shall in no way be affected or impaired, these other provisions remaining in force and retaining their full effect. The titles of the articles herein are for illustrative purposes only and are not to be considered an integral part of these Terms & Conditions of Use. 7.2 No waiver Except as may be otherwise provided in these Terms & Conditions of Use, the failure or delay by Yoospot in exercising any of its rights or remedy under the terms of these Terms & Conditions of Use, shall not constitute a waiver of the right or remedy or prevent any further exercising of the right or remedy. 7.3 Applicable law & Jurisdiction To the extent permitted by law, these Terms & Conditions of Use and relationship between Yoospot and users are governed and interpreted in accordance with UK law. To the extent permitted by law, where these Terms & Conditions of Use have been drafted or translated into other languages, only the English version of these Terms & Conditions of Use shall prevail. To the extent permitted by law, any claim, dispute or matter arising under or in connection with these Terms & Conditions of Use shall be dealt with by the competent courts of London