Terrestrica Terms of Use
Through Terrestrica (the “Services”) Croatives company (“Croatives”) provides to companies, websites and individuals a tools and resources for creating and managing the location based multimedia content for mobile devices and the mobile advertising channel. The following are the terms and conditions for use of the Services. By using the Services you accept these terms and conditions.
1. Services and Support
1.1 The Services are provided subject to this Agreement, as it may be amended by Croatives, and any guidelines, rules or operating policies that Croatives may establish and post from time to time (the “Agreement”). By posting updated versions of the Agreement at the Terrestrica web site, or otherwise providing notice to you, Croatives may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Service.
1.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.
1.3 The Services enable companies, websites and individuals to create and manage location based multimedia mobile guide using specialised web application and also application for the mobile devices.
1.4 All Terrestrica accounts allow you to create an unlimited number of location points for free. The mobile application is free for download as is. In some cases mobile application can be the subject of charging (eg. the individual user can demand the mobile application with possibility of turning off the advertising content). There is possibility of advertising on location points on Terrestrica. Advertising is not free. The Revenue from advertising on location points on Terrestrica is shared between Terrestrica and content provider (Terrestrica account owner).
1.5 All prices and percentages are subject to change at any time. Payment for Services will be made through 2checkout.com authorized retailer.
1.6 You must complete the registration form on the Sign Up page in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. As part of the registration process, you will identify an e-mail address and password for your Terrestrica account. You are responsible for maintaining the security of your account, passwords, and files, and for all uses of your account and of the Services in your name. Terrestrica reserves the right to refuse or cancel the registration of accounts it deems inappropriate.
1.7 It is understood that Croatives makes no guarantee that application for the mobile devices will be displayed and working properly on all client’s mobile devices, due to the wide variety of mobile devices and screen resolution available. Croatives recommends some mobile devices as a result of direct testing.
2. Restrictions and Responsibilities
2.1 This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services (“Software”); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software. The Services shall be used for your internal business (which includes civic or charitable) or individual purposes only.
2.2 You acknowledge and agree that the Services and the Croatives company names and logos and all related product and service names, design marks and slogans, are the property of Croatives or its affiliates or suppliers (collectively, the “Marks”). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Croatives. Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks. All ownership rights remain in Croatives or its third party suppliers, as the case may be.
2.3 You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement and all applicable laws. You hereby agree to indemnify and hold harmless Croatives against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. Although Croatives has no obligation to monitor the content provided by you or your use of the Services, Croatives may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.
2.4 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates Croatian laws that may apply in your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party’s intellectual property rights.
2.5 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to Croatives. Croatives may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you.
2.6 You will adopt and maintain the Privacy Policy, which may be modified by Croatives from time to time.
2.7 You may not use Croatives to distribute illegal contests.
2.8 You may not use Terrestrica to distribute nudity, obscene content, gambling related content, pharmaceutical related content, illegal software, viruses, or to distribute any other content that we deem inappropriate.
3. Termination
3.1 You may terminate this Agreement at any time by sending an e-mail message to info@terrestrica.com or by sending written notice to Croatives, Dubrovacka 5, 51500 Krk, Croatia. Correspondence must include your first name, last name, and Terrestrica username. No refunds will be issued if you terminate this agreement.
3.2 Croatives may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Croatives shall have no liability to you or any third party because of such termination.
3.3 Croatives may delete any of your archived data within 30 days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
3.4 If you do not log into your account for more than 120 days, the account will become inactive. When an account is classified (at Croatives sole discretion) as inactive, Croatives will flag that account as inactive. INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING CONTENT, MAY BE PERMANENTLY REMOVED FROM THE Terrestrica DATABASE.
4. Warranty Disclaimer; Remedies
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. Croatives DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND Croatives DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for Croatives to use commercially reasonable efforts to adjust or repair the Services.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Croatives OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “Terrestrica “) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF Croatives SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, Croatives IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF Croatives TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
6. Miscellaneous
6.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
6.2 Croatives and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
6.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Croatives in any respect whatsoever.
6.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees.
6.5 The Agreement shall be governed by the laws of the Croatia without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the court located in Rijeka, Croatia.
7. System Requirements
It is understood that in order to use Terrestrica, a PC must be used. Additionally, a stable connection to the Internet is required. Terrestrica works on a different web browsers, but there is no guarantee of full functionality on web browsers other than Microsoft’s Internet Explorer, Mozzila Firefox and Google Chrome. At this moment Terrestrica mobile application is developed for mobile devices with GPS with Windows Mobile operating system.
8. Refund policy
