Terms & Conditions
These terms and conditions ("Terms", "Agreement") are an agreement between Michael Ganchas ("Developer", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the MapCrumbs mobile application and any of its products or services (collectively, "Mobile Application" or "Services").
Accounts and Membership
If you create an account in the Mobile Application, you are responsible for maintaining the security of your account and are fully responsible for all activities that occur under it. We may, but have no obligation to, monitor and review new accounts. Providing false contact information may result in termination of your account. You must immediately notify us of any unauthorised uses of your account or other security breaches. We will not be liable for any acts or omissions by you, including any damages incurred as a result.
User Content
We do not own any data, information, or material ("Content") that you submit in the Mobile Application. You have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor Content submitted via the service. Unless specifically permitted by you, your use of the Mobile Application does not grant us license to use, reproduce, adapt, modify, publish or distribute your Content for commercial or marketing purposes. You do grant us permission to access, copy, distribute, store, transmit, reformat, display and perform your Content solely as required to provide the Services.
Billing and Payments
The MapCrumbs diary is free. You do not pay a subscription, a free-trial conversion, or another fee to save cities, Crumbs, notes, or photos, or to use the map, timeline, or private sharing.
If you book a hotel from the app, you pay the booking partner and the property under their terms. MapCrumbs does not store your payment card number. Price, cancellation, and refunds for a stay are handled with that booking partner. We may refuse or cancel a booking request that we cannot complete.
Accuracy of Information
There may occasionally be information in the Mobile Application that contains typographical errors, inaccuracies, or omissions relating to promotions and offers. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.
Backups
We are not responsible for Content residing in the Mobile Application. In no event shall we be held liable for any loss of Content. It is your sole responsibility to maintain appropriate backup of your Content. On some occasions we may be able to restore deleted data, but make no guarantee that the data you need will be available.
Advertisements
During use of the Mobile Application, you may encounter promotions from advertisers or sponsors. Any such activity and associated terms, conditions, warranties, or representations are solely between you and the applicable third party. We have no liability, obligation, or responsibility for any such correspondence, purchase, or promotion.
Links to Other Mobile Applications
Although this Mobile Application may link to other mobile applications, we are not implying any approval, association, sponsorship, endorsement, or affiliation unless specifically stated. We are not responsible for any linked mobile applications and do not assume responsibility or liability for the actions, products, services, or content of any third parties.
Prohibited Uses
In addition to other terms in this Agreement, you are prohibited from using the Mobile Application or its Content: (a) for any unlawful purpose; (b) to solicit unlawful acts; (c) to violate any regulations, rules, laws, or ordinances; (d) to infringe intellectual property rights; (e) to harass, abuse, or discriminate against others; (f) to submit false or misleading information; (g) to upload viruses or malicious code; (h) to collect others' personal information; (i) to spam, phish, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with security features of the service. We reserve the right to terminate your use for violating any prohibited uses.
Intellectual Property Rights
This Agreement does not transfer any intellectual property owned by the Developer or third parties to you. All rights, titles, and interests in such property remain solely with the Developer. All trademarks, service marks, graphics, and logos used in connection with the Mobile Application are trademarks or registered trademarks of the Developer or its licensors. Your use of the app grants no right or license to reproduce any such trademarks.
Third-Party Data Attributions
The Mobile Application includes city and location data derived from cities.json by lutangar, which is based on data from the GeoNames Gazetteer. Both works are licensed under the Creative Commons Attribution 4.0 International License (CC BY 4.0). The data has been modified by the Developer (filtered, curated, and reformatted) for use within the Mobile Application. The inclusion of this data does not imply any endorsement of the Mobile Application by the original authors or licensors.
Disclaimer of Warranty
You agree that your use of the Mobile Application or Services is solely at your own risk and that the service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the Services will meet your requirements or be uninterrupted, timely, secure, or error-free.
Limitation of Liability
To the fullest extent permitted by applicable law, the Developer and its affiliates, officers, directors, employees, agents, suppliers, or licensors will not be liable for any indirect, incidental, special, punitive, or consequential damages. The aggregate liability of the Developer and its affiliates relating to the services will be limited to the greater of one dollar or any amounts actually paid in cash by you in the prior one-month period.
Indemnification
You agree to indemnify and hold the Developer and its affiliates, directors, officers, employees, and agents harmless from any liabilities, losses, damages, or costs, including reasonable attorneys' fees, incurred in connection with any third-party allegations arising from your Content, your use of the Services, or any wilful misconduct on your part.
Severability
All rights and restrictions in this Agreement shall apply only to the extent that they do not violate applicable laws. If any provision is held to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.
Dispute Resolution
The formation, interpretation, and performance of this Agreement shall be governed by the laws of Portugal. The exclusive jurisdiction and venue for actions related to this Agreement shall be the courts located in Portugal.
Assignment
You may not assign, resell, sub-license, or otherwise transfer any of your rights or obligations under this Agreement without our prior written consent. We are free to assign any of our rights or obligations in whole or in part to any third party as part of a sale of assets, stock, or merger.
Changes and Amendments
We reserve the right to modify this Agreement or its related policies at any time, effective upon posting of an updated version. When we do, we will revise the updated date at the top of this page. Continued use of the Mobile Application after any such changes constitutes your consent.
Acceptance of These Terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Mobile Application or its Services you agree to be bound by this Agreement. If you do not agree, you are not authorised to use or access the Mobile Application and its Services.
Contact Us
If you would like to contact us regarding this Agreement, please send an email to mapcrumbs.contact@gmail.com.