Last updated: 12th August, 2017
1. GENERAL INFORMATION
Fynd is a service (“Fynd Service”) that lets you (“You”) by downloading an application (the “Application”) to your smartphone, locate and position in real time other users of the Fynd Service on a map and via the camera, as well as to be located by them.
FYND LIMITED (“FYND”) is a corporation registered in Jersey, Channel Islands, and is duly registered in the Jersey Financial Services Commission Companies Registry, Registered Number 121431, email firstname.lastname@example.org
To download the Application and to use the Fynd Service you must meet the following requirements:
(i) Be over age 14; and
(ii) Have sufficient capacity to enter into a binding agreement with FYND and not be subject to any lack of capacity.
If you are between 14 and 18 years old, we recommend you to inform and ask your parents or guardians when transmitting information to other Users with whom you have contacted through the Service. It is strictly prohibited to register as a User if you are below 14 years old.
FYND reserves the right to regularly carry out checks aimed at ensuring that users are over 14 years. Therefore, we may require you to provide your ID at any time, and refusal to do so will mean the removal or blocking of your profile. If we are informed a minor under 14 years is registered as a User, we will adopt the necessary measures and we may eliminate or block such User profile.
2. SUBSCRIBING CONDITIONS
You can download the Application through your regular Applications store, where you will find information about the Application and the Fynd Service, including: a description of the main features of the Application and of the characteristics of the Fynd Service; the technical requirements (operating system, supported Devices, etc.); access to our webpage, etc.
To download the Application and use the Fynd Service you must have a device (“Device”) owned by yourself that uses one of the following operating systems (or higher): iOS 8 and higher for iPhone. All smartphones and devices that support these operating systems meet the characteristics necessary for the correct functioning of the Application. However, in a concrete manner, the devices should be permitted to receive Push Notifications, let access to activate location services and have access to a 3G data connection.
Once you have downloaded the Application to your Device, you must register as a User of the Fynd Service. The registration as a User is a simple process, in which you just have to follow the instructions displayed within the Application at the time. This process consists of registering the User’s email address and other information and its introduction in the system.
For any enquiries in relation to the registration as a User of the Fynd Service you may contact FYND through the following email address: email@example.com.
3. SAFE PLAY
During use of the App , please be aware of your surroundings and act safely. You agree that your use of the App is at your own risk, and it is your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as you deem reasonably necessary for any injuries that you may incur while using the Services. You also agree not to use the App to violate any applicable law, rule, or regulation (including but not limited to the laws of trespass), and you agree not to encourage or enable any other individual to violate any applicable law, rule, or regulation. Without limiting the foregoing, you agree that in conjunction with your use of the App you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, will not impersonate any other person or misrepresent your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. To the extent permitted by applicable law, fynd Limited disclaim all liability related to any property damage, personal injury, or death that may occur during your use of our Services, including any claims based on the violation of any applicable law, rule, or regulation or your alleged negligence or other tort liability. Further, in the event that you have a dispute with one or more other users of the App, you release FYND (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
4. RIGHTS IN THE APP
Subject to your compliance with these Terms, fynd grants you a limited nonexclusive, nontransferable, non-sublicensable license to download and install a copy of the App on a mobile device and to run such copy of the App solely for your own personal, noncommercial purposes. Except as expressly permitted in these Terms, you may not: (a) copy, modify, or create derivative works based on the App; (b) distribute, transfer, sublicense, lease, lend, or rent the App to any third party; (c ) reverse engineer, decompile, or disassemble the App; or (d) make the functionality of the App available to multiple users through any means. fynd reserves all rights in and to the App not expressly granted to you under these Terms.
ADDITIONAL TERMS FOR APP STORE APPS
If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (a) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (b) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.
If you accessed or downloaded the App from any app store or distribution platform (like the Apple Store, Google Play, or Amazon Appstore) (each, an “App Provider”), then you acknowledge and agree that:
• These Terms are concluded between you and fynd, and not with App Provider, and that, as between us and the App Provider, fynd is solely responsible for the App.
• App Provider has no obligation to furnish any maintenance and support services with respect to the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider, and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of Niantic.
• App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, fynd will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.
• App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
• You must also comply with all applicable third-party terms of service when using the App.
• You agree to comply with all Jersey and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
5. CONTENT AND CONTENT RIGHTS
For purposes of these Terms: (a) “Content” means the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services; and (b) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content. Subject to your compliance with these Terms, fynd grants you a personal, noncommercial, nonexclusive, nontransferable, non-sublicensable, revocable license to download, view, display, and use the Content solely in connection with your permitted use of the Services.
FYND does not claim any ownership rights in any User Content, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, fynd exclusively owns all right, title, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of Jersey and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.
RIGHTS GRANTED BY YOU
By making any User Content available through Services, you grant to FYND a nonexclusive, perpetual, irrevocable, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, publicly display, publicly perform, and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content, or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by FYND on or through the Services will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. fynd may reject any submissions in which FYND believes, in its sole discretion, that the User Content is inappropriate or violates these Terms. FYND further reserves the right to remove any User Content from the Services at any time and without notice and for any reason.
Conduct, General Prohibitions, and FYND’S Enforcement Rights
You agree that you are responsible for your own conduct and User Content while using the Services, and for any consequences thereof. By way of example, and not as a limitation, you agree that when using the Services and Content, you will not:
• defame, abuse, harass, harm, stalk, threaten, or otherwise violate the legal rights (including the rights of privacy and publicity) of others;
• upload, post, email, transmit, or otherwise make available any unlawful, inappropriate, defamatory, obscene, pornographic, vulgar, offensive, fraudulent, false, misleading, or deceptive Content or message;
• promote or engage in discrimination, bigotry, racism, hatred, or harassment against any individual or group;
• trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be;
• violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
• upload, post, or otherwise make available commercial messages or advertisements, pyramid schemes, or other disruptive notices;
• impersonate or misrepresent your affiliation with another person or entity;
• promote or provide instructional information about illegal or harmful activities or substances;
• promote or engage in physical harm, violence, or injury against any group or individual;
• transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
• submit fake, falsified, misleading, or inappropriate data submissions, edits, or removals;
• post, upload, publish, submit, or transmit any Content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
• use, display, mirror, or frame the Services or any individual element within the Services, fynds’s name, any fynd trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without fynd’s express written consent;
• access, tamper with, or use nonpublic areas of the Services, fynds’s computer systems, or the technical delivery systems of fynd’s providers;
• attempt to probe, scan, or test the vulnerability of any fynd system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by fynd or any of fynd’s providers or any other third party (including another user) to protect the Services or Content;
• attempt to access or search the Services or Content, or download Content from the Services through the use of any technology or means other than those provided by fynd or other generally available third-party web browsers (including, without limitation, automation software, bots, spiders, crawlers, data-mining tools, or hacks, tools, agents, engines, or devices of any kind);
• extract, scrape, index, copy, or mirror the Services or Content or portions thereof (including but not limited to the PokéStop database and other information about users or gameplay);
• use any meta tags or other hidden text or metadata utilizing a fynd trademark, logo, URL, or product name without fynd’s express written consent;
• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive, or false source-identifying information;
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or Content;
• interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
• take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Services or FYND’S infrastructure;
• delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or the Content;
• use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in a manner not permitted by these Terms, including but not limited to (a) gathering in App items or resources for sale outside the App, (b) performing services in the App in exchange for payment outside the App, or (c ) sell, resell, rent, or lease the App or your Account;
• collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
• violate any applicable law or regulation; or
• encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
6. CHARACTERISTICS OF THE FYND SERVICE
Through the Fynd Service you will be able to:
(i) Via a calendar, create and manage events and invitees.
(ii) Locate and position on a map and via the camera in real time other Users that wish to share their location; and
(iii) Share their location with other Users or groups of Users, so they can locate them in real time on a map and via the camera.
In the Fynd Service, the User’s location is only shared with other event attendees for the duration of the event. In no case will the information related to the User’s real-time location be shared by us with a third party (other than Users of the fynd Service that are attendees of the same event). In addition, at any moment you may stop sharing your location with other Users.
7. INTELLECTUAL PROPERTY
All information contained on the Application, Fynd Service and Web Site, including its graphic design and source code, are protected by copyright and other rules governing intellectual property.
These rights belong exclusively to FYND, and as such any reproduction, distribution, transformation or public communication is expressly prohibited, as well as any transfer of all or part of the contents of the Web Site or the Application and in general any act of exploitation of all or part of the contents (images, text, design, indexes, forms, etc..), as well as the databases and software necessary for the visualization or the functioning thereof and any object that under current legislation is protectable by intellectual property regulations.
You may not under any circumstances commercially exploit or use, directly or indirectly, in whole or in part, any content of the Application or Fynd Service without the prior written consent of FYND.
8. INDUSTRIAL PROPERTY
The trademarks, trade names, signs, names, logos, slogans or any kind of distinctive sign displayed on the Application and the Fynd Service belonging to FYND, and very specifically, the word “FYND” may not be used without the prior written consent of FYND.
9. DATA PROTECTION
Your personal data will be processed in order to provide you with the Fynd Service, as well as for maintenance, tracking, developing and evolution of such Service. Moreover, your personal data may be processed by FYND with the purpose of producing reports and statistical studies. You can object to the processing of your data for such purposes by sending an email to firstname.lastname@example.org.
Aggregated device data, including location and apps, is measured for the purpose of market reasearch by third parties.
Third parties have agreed to adhere to the rules set forth in this privacy statement.
We share aggregated anonymous information we collect only with third-party business partners who commit to comply with applicable laws concerning the usage of the information.
Maps used by the Fynd Service may include advertising information of commercial businesses. However, under no circumstances will we share your personal data with such businesses or other third parties. The insertion of advertising information is necessary for the viability of the Fynd Service. If you do not agree with this condition of the Fynd Service, please do not use the Application or the Fynd Service.
All the data requested upon registration to the Fynd Service is compulsory, failing to provide any such requested data may prevent registration to the Fynd Service.
For the sake of clarity, we inform the User that information related to the User’s geographic location data shall not be processed by Us.
You may exercise your rights of access, modification, cancelation and objection to the use of your personal data by sending a communication, and including a photocopy of your ID to the following email address: email@example.com
10. TECHNOLOGICAL CONSTRAINTS
The Fynd Service is provided based on geolocalization technologies currently available and maps provided and controlled by third parties, which may not be infallible.
We inform the User that as a consequence of carrying out maintenance works, in some cases there may temporal interruptions in the Fynd Service.
We also inform the User that in addition to those specified above, there is a wide range of factors that may eventually affect the Fynd Service and/or its quality, including without limitation environmental conditions, network overloads, connectivity, third party software, etc.
Through the following email address you can contact FYND to report bugs as well as other comments or suggestions: firstname.lastname@example.org.
11. LINKS TO THIRD PARTY WEBSITES
The links contained in the Fynd Service, referring to publicity or other types of content, and whose ownership or responsibility corresponds to third parties other than FYND, are not the responsibility of FYND which shall under no circumstances undertake to monitor or approve the services, content, data, files, products and other material on the third party webpage or webpages. Therefore, FYND shall not under any circumstances be liable for the lawfulness of the content of such webpage(s), and the third party is exclusively responsible for all matters concerning the content of that link, particularly for compliance with applicable law, morality, good customs and public policy. The existence of links does not imply any relationship between FYND and the owner of the website to which the link is directed.
Those Users or third persons intending to establish a link on pages of their ownership and responsibility toward the Fynd Service, must request a prior authorization to the following address: Hamlet House, Plat Douet Road, St. Saviour, Jersey, JE2 7PN or by email to email@example.com, ensuring that such link will always lead Users to the first or main page of the Service, being expressly excluded the deep links (“deep link”) or the frameworks (“frame link”). With the exception of those signs that are part of the link to the Service, users shall guarantee that the web page from which the link is set does not contain brands, commercial names, company signs, trade names, logos, slogans or any type of distinctive sign belonging to Fynd.
12. DISCLAIMER AND WARRANTIES
YOUR USE OF THE APP AND FYND SERVICES ARE AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, FYND EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
FYND makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error -free basis, and we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content.
YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATED OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT FYND DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES. FYND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES.
You will indemnify and hold harmless FYND and their respective officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services or Content, (b) your User Content, or (c ) your violation of these Terms.
14. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FYND OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APP, FYND SERVICES OR CONTENT WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NIANTIC, TPC, OR TPCI HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN NO EVENT WILL THE TOTAL LIABILITY OF FYND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE THOUSAND DOLLARS ($1,000). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FYND AND YOU.
13. TERM AND TERMINATION
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation, or cancellation of Services or your Account, the following provisions of these Terms will survive: Content Ownership; Rights Granted by You; Feedback; Disclaimer of Warranties; Indemnity; Limitation of Liability; Dispute Resolution; General Terms; and this sentence of Termination.
In the event that FYND sets a price the agreement between the us has a term of one (1) year (“Initial Term”). The User can renew the Fynd Service for an identical period of time to the Initial Term. The renewal of the Service will be subject to prior payment of the corresponding amount, which will be announced in advance. FYND shall be entitled to terminate the agreement upon the end of the Initial Term or any of its successive extensions, with a prior notice of one (1) month to the termination of the Initial Period or any of its successive extensions.
You are entitled to end the relationship with FYND at any time by uninstalling the Application from your Device.
15. CONTACT AND WRITTEN COMMUNICATIONS
For any query or issue in connection with the Orders, the User shall contact FYND by email at the following address: firstname.lastname@example.org
16. APPLICABLE LAW AND JURISDICTION
The present Conditions of Use and the rest of the information that is provided to the user will be available in English.