These Terms of Service apply to the use of the Service of Flamyngo as defined below. We advise you to read these Terms of Service carefully so you are aware of your rights and responsibilities when you use the Service. You can download and print these Terms of Service or email them to yourself via the Website or Application.
You may contact Flamyngo regarding any questions about these Terms of Service via the following email address: firstname.lastname@example.org
Article 1: Definitions
The terms listed below have the following meaning in the Terms of Service:
the personal profile, which is created by you when you sign up for the Service and to which you obtain access after entering your Login Details;
the Flamyngo mobile application;
Flamyngo B.V., a private limited liability company incorporated under the laws of the Netherlands, having its offices at Watertorenplein 4B, 1051 PA, in Amsterdam, the Netherlands and registered at the Chamber of Commerce under number 64174034;
all information, data, materials and files that you provide to Flamyngo, including but not limited to reviews, tips, photo’s, video’s, location data and personal information such as name, email address and year of birth;
all information, data and files available on the Service, including but not limited to Content, Login Details or Accounts and maps; Intellectual Property Rights: all intellectual property rights and related rights such as copyright, trademark rights, patent rights, design rights, trade name rights, database rights and neighbouring rights, as well as rights to know-how and sui generis intellectual property rights;
either your Facebook credentials or the combination of your email address and a password, with which you can obtain access to your Account and can use the Service;
the service provided by Flamyngo to you, including the Website and the Application, as further described in article 4;
Terms of Service:
these Terms of Service;
a person that is using the Service and/or has created an Account for the use of the Service, in these Terms of Service also referred to as “you” or “your”;
the website www.flamyngo.co and all related and or underlying pages.
Article 2: Applicability
2.1 The Terms of Service apply, to the exclusion of any terms and conditions of you, to each and every use you make of the Service.
2.2 Flamyngo is at all times authorized to amend or supplement these Terms of Service. The most up-to-date Terms of Service can always be found on the Website. The amended or supplemented Terms of Service will be brought to your attention during your use of the Service. If you continue to use the Service after these Terms of Service have been amended or supplemented, by such action you irrevocably accept the amended or supplemented Terms of Service. If you do not agree to the amended or supplemented Terms of Service, the only option open to you is to cease using the Service and accordingly to terminate your Account in accordance with article 11.
Article 3: Access to the Service
3.1 In order to use the Service, you are required to create an Account, either by using your Facebook credentials, or by using your email address. It is not permitted to create an Account using the Facebook account or email address of another person or company. During registration by email address, you must provide Login Details, with which you can gain access to your Account. By creating an Account, you guarantee that you are at least 16 years of age.
3.2 You are responsible for maintaining secrecy with regard to the Login Details for your Account. As soon as you know or have reason to suspect that your Login Details have come into the hands of unauthorized persons, you must inform Flamyngo of this without delay via email@example.com, without prejudice to your own obligation to immediately take effective action, such as modifying your Login Details. You therefore accept and acknowledge that you are at all times responsible and liable for the use of the Service by third parties via your Account.
Article 4: Use of the Service
4.1 The Service entails the right to access and use the Application and Website provided by Flamyngo and/or the right to post Content. The purpose of the Service is to enable you to create personalized, social travel guides consisting of Content posted by you or by other Users, which can be shared between the Users of the Service and/or by other media, such as blogs or social media platforms. Users can also search for Content of other Users.
4.2 You accept that the Service contains only the functionalities and information that you find at the moment of use (“as is” basis). Flamyngo may at all times (i) make functional, procedural or technical changes or improvements to the Service and (ii) (temporarily or permanently) take out of service, restrict the use of or terminate the Service. If you do not agree with the changes and/or improvements made, the only option open to you is to cease using the Service and accordingly to terminate your Account in accordance with article 11.
4.3 Each and every use of the Service is at your own risk and responsibility. Flamyngo has no knowledge of and/or interference with the Content, which is made available by you through use of the Service. You are solely responsible and liable for Content you provide.
4.4 You are not permitted to:
- Use the Service in a way that is contrary to the purpose of the Service;
- Use the Service in a way or provide Content that is false and/or misleading, including – but not limited to – the adoption of a false identity and/or making the incorrect suggestion that you are in any way commercially connected with Flamyngo;
- Use manual or automated software, devices, or other processes to "crawl", "spider", scrape or otherwise collect automatically the Information on the Application, Website or Service;
- Collect data from Users through the Service and use this data for other purposes than those that are listed or intended in the Terms of Service;
- Reproduce, publish or sell the Information which is obtained through the Service, other than for purposes of the use of the Service according to the Terms of Service;
- Use Content which is provided by Users for any commercial, or charitable communication as well as any other unsolicited communication other than the intended purposes of the Service;
- Provide Content that contains advertisement, other than with the express permission of Flamyngo;
- Provide Content that is offensive, discriminating, and violent or is otherwise deemed inappropriate by Flamyngo;
- Provide Content which contains viruses, Trojan horses, worms, bots or other software that can damage, disable or delete the Service or makes it inaccessible, or which alters the Information;
- Provide Content that infringes on the rights of Flamyngo and/or third parties, including – but not limited to – Intellectual Property Rights and rights that relate to the protection of privacy;
- Act in any way that can harm the interests and reputation of Flamyngo; or
- Engage with third parties to perform any of the abovementioned acts.
4.5 In addition to Article 4.4:
- You acknowledge and agree that the Information you make available through the Service (excluding the Login Details) can be accessed and used by other Users. You acknowledge that Flamyngo cannot enforce compliance with the Terms of Service by other Users.
- Flamyngo reserves the right to modify, refuse or delete Content or to restrict the use of or terminate your Account in any of, but not restricted to, the circumstances as described in Article 4.4 and in case of a breach of the guarantees as described in Article 7.3, without becoming liable to pay any compensation to you.
- If you are of the opinion that certain Information infringes on your rights and/or the rights of other Users or a third party you are obliged to notify Flamyngo as described in Article 10.
- The Service may contain links to, or enable the use of, third party websites, applications and/or services that are not owned or controlled by Flamyngo. Flamyngo has no control over, and assumes no responsibility for the content, terms and/or conditions, privacy policies, or practices of any third party websites, applications and/or services.
Article 5: Intellectual Property Rights
5.1 The Intellectual Property Rights in relation to the Service, including the Intellectual Property Rights with respect to the Website and the Application, are held by Flamyngo or its licensors.
5.2 Under the conditions set out in these Terms of Service, Flamyngo will grant you a limited, personal, revocable, non-exclusive, non-sublicensable and non-transferable right to access and use the Service, including the Content, insofar as is necessary for the non-commercial use of the Service.
5.3 All Intellectual Property Rights in relation to Content you made available will remain with you. You acknowledge and accept that by making the Content available through the Service, you automatically grant Flamyngo an unlimited, worldwide, irrevocable, sublicensable and free of charge transferable right to reproduce the Content and make the Content available:
- For the provision of the Service to other Users;
- For the promotional purposes of Flamyngo. In such case, Flamyngo will not use Content that contains identifiable features of you, such as photos or videos with your name or picture in it.
5.4 You will, insofar as possible in accordance with the law, renounce all moral rights as mentioned in article 25 of the Dutch Copyright Act.
5.5 Nothing in these Terms of Service is intended to transfer any Intellectual Property Rights to you. You shall refrain from any act that infringes the Intellectual Property Rights of Flamyngo, including – but not limited to – the registration of domain names, trademarks or search queries such as Google Adwords that are identical or similar to any object to which Flamyngo holds Intellectual Property Rights, as well as the reproduction, modification, reverse engineering or publishing the Service, including the Information, for other purposes than those listed in the Terms of Service.
Article 6: Privacy
Article 7: Indemnities and warranties
7.1 Flamyngo explicitly offers no warranties concerning the correctness of the Content. Flamyngo accepts no liability for damage resulting from the fact that the information contained in Content and/or any other Information is in any way incorrect, false or misleading. Flamyngo accepts no responsibility whatsoever for any decisions made by you based on the Information.
7.2 You are liable for and indemnify Flamyngo completely and unconditionally against any damages and costs which Flamyngo suffers or makes as a result of (i) an attributable breach by you of the Terms of Service or any other agreement between you and Flamyngo, (ii) an (alleged) infringement of Intellectual Property Rights by you, (iii) any use you make of the Service or (iv) an unlawful act. All costs and damages that in any way relate to such a claim, including a claim of a third party, will be reimbursed by you.
7.3 You guarantee that:
- You have the full legal power and authority to use the Service and make the Content available through the Service and provide the license as mentioned in article 5.3.
- You are the sole owner of (Intellectual Property Rights in) the Content and/or that you have obtained valid licenses from third parties to make the Content available through the Service and provide the license as mentioned in article 5.3.
- You provide correct, complete, lawful and actual Information;
- The Content you provide is not infringing upon any third parties’ rights, including Intellectual Property Rights, and that the use of the Content is not in any other way unlawful towards third parties; and
- You will not make or enter into any agreement with any third party which would cause a breach or a default under these Terms of Service.
Article 8: Liability
8.1 Flamyngo accepts no liability for damages that result from providing the Service, an unlawful act, or any other cause, to the extent that is permitted under mandatory law.
8.2 When Flamyngo is liable to you for damages arising from any cause whatsoever, this liability is at any time limited to the direct damages up to an absolute maximum of EUR 100 (in words: hundred euro) per event. A sequence of events will be regarded as one event.
8.3 Direct damage is understood to mean exclusively:
- Damage to property;
- Reasonable costs incurred to prevent or limit direct damages that could be expected from the event on which is the liability is based;
- Reasonable costs incurred in determining the cause of the damage.
8.4 Any liability of Flamyngo for damage other than direct damage (“indirect damages”), including – but not limited to – consequential damages, loss and/or damage of data, loss of profits and lost sales, is excluded.
8.5 The limitations and exclusions of liability mentioned in the preceding paragraphs of this article will lapse if and insofar as the damage is the result of intentional or willful recklessness on the part of Flamyngo or its managers (“own actions”).
8.6 The creation of any right to compensation is always conditional on you reporting the damage to Flamyngo in writing as soon as possible after it has come about. Any claim for compensation vis-à-vis Flamyngo will be cancelled simply by the expiry of twelve months after the damage first arose.
Article 9: Force majeure
9.1 Neither party to this Terms of Service is liable to perform any obligation, including any warranty obligation agreed between the parties, if prevented by force majeure.
9.2 Force majeure is taken to mean inter alia: illness of employees and/or absence of key employees needed to provide the Service, power failures, strikes, riots, government measures, fire, natural disasters, floods, failure of suppliers of Flamyngo, shortcomings by third parties which were engaged by Flamyngo, disruption of the internet connection, hardware failures, failures in (telecommunication) networks and other unforeseen circumstances.
Article 10: Notification of unlawful Information
10.1 Flamyngo is not liable for any damages in connection with the (illegal) use of the Service by you. Flamyngo will only, under the conditions as set out in this Article, be obliged to remove or block access to Information if the Information is manifestly unlawful or to stop manifestly unlawful behavior after receiving a notification that is sufficiently precise and adequately substantiated.
10.2 Flamyngo has established the procedure described below, by which any allegedly unlawful Information available through the Service can be reported to Flamyngo. This can be done by sending an email to firstname.lastname@example.org. The email must contain at least an accurate and complete description of the unlawful Information, including a link to the location where the unlawful Information can be found and an explanation of the grounds for unlawfulness as well as any available evidence of unlawfulness.
10.3 Flamyngo reserves the right to not grant a request to remove or block access to the Information or to stop an activity in case it has reasonable grounds to doubt the accuracy of the notification or in case a balancing of interest requires this. In such a situation Flamyngo can require a court order from a competent court in The Netherlands, to demonstrate that the material or the activity is manifestly unlawful.
10.4 Flamyngo will not be a party in a dispute between the person making the report and any third party arising out of or in connection with a notification.
10.5 When you make a notification, you agree to indemnify Flamyngo against all claims of third parties in relation to the blocking or removal of Content or the stopping of activities. The indemnification includes all damages and costs Flamyngo suffers, could suffer or which Flamyngo must incur in relation to such a claim, including but not limited to the compensation of legal assistance.
Article 11: Termination
11.1 You and Flamyngo are at any moment entitled to discontinue the use of the Service and to terminate your Account for convenience.
11.2 If there are grounds to do so, without any further notification being required and without becoming liable to pay compensation, Flamyngo reserves the right to terminate your Account (temporarily or permanently) or to delete Information, specifically in but not limited to cases in which you, in Flamyngo’s opinion, has breached any of the provisions in these Terms of Service.
11.3 After termination by you, Flamyngo will remove your Account including your Login Details. Termination of the agreement between you and Flamyngo in any way, including but not limited to a termination for cause and a termination for convenience, will leave the license as specified in article 5.3 of these Terms of Service intact.
Article 12: Miscellaneous
12.1 To the extent that national or international rules of law do not prescribe mandatory conditions to the contrary, the Terms of Service and the use of the Service are subject to Dutch law. The applicability of the Vienna Sales Convention 1980 is expressly excluded.
12.2 Any and all disputes arising from or related to the Service or the Terms of Service will be brought before the competent court in Amsterdam, unless mandatory national or international rules of law prescribe otherwise.
12.3 Flamyngo may transfer rights and obligations arising from these Terms of Service to third parties and will notify you of this. When you do not accept the transfer of rights and obligations Flamyngo may discontinue the use of the Service and terminate your Account.
12.4 If at any time any provision of these Terms of Service is or becomes illegal, void or invalid for any reason whatsoever, such invalidity shall not affect the validity of the remainder of the Terms of Service and such invalid provision shall be replaced by such other provision which, being valid in all respects, shall have effect as close as possible to that of such replaced one.