Terms and conditions
WELCOME TO FISHPOINTER!
Thank you for using our services! By using the FISHPOINTER app you agree with the terms and conditions mentioned below. The present document provides our users the general operation conditions of the website and Web, Android and IOS FISHPOINTER / fishpointer.com apps (hereinafter referred to as the “App”) and establishes the general regulations regarding the method of accessing and using them, as well as the information offered through them. The present document is addressed to all users of the App (individuals and/or companies from any country in Europe, Australia, North America, Central and South America, including Russia and Turkey) and establishes the main use principles of the App, the content, the products and services provided to users, in any form, through the App. Any action within the App needs to comply to the present general operation conditions and with the applicable legislation in force. Please read carefully the following general conditions of operation and use of the App.
The App means the website and the Web, Android and IOS FISHPOINTER / fishpointer.com apps; The Administrator is represented by the commercial company FISHPOINTER Web S.R.L. located in Ilfov, Cernica Road No. 94,Room 1, Pantelimon, registered at the Romanian Trade Register, under number J23/3145/04.07.2018, having the Unique Registration Code 36929077, company that does not pay VAT, with a work point in Bucharest, Poterasi Street, No. 15, 4th Sector, having a social capital of LEI 1.000, facilitates the Application’s activities through the electronic network (Internet) – from the address: www.fishpointer.com (website + web, android, ios app). Service refers to the platform provided to all individual and/or company users through which the information offered on the website and on the web, android and ios app can be accessed; User refers hereinafter to any individual and/or company that visits or accesses the App, that creates its own account into the App, or which wishes to use / actually uses the services offered by the App, according to the present regulations.
2.THE OBJECTIVES AND THE PURPOSE OF THE SERVICE
The main objective of the Service is of providing users certain information that is considered to be of public interest, either as an objective information (any information that can be verified in the reality existing at a certain point) or subjective (any information that represents a personal opinion, in order to express freedom of speech, with its limitation, of observing human rights and exercising own rights in good faith and according to legal provisions). The purpose of the services is to offer information related to road transport, entities offering products and services in the aforementioned area and in related areas, as well as to ensure the access of its users to other users’ opinions about them.
Through FISHPOINTER you can access the Services offered on the website / Web, Android and IOS app. You will have access to: • Information regarding various individuals and/or companies that offer products and/or services to the needs and interests of the App’s users; • The opinions of other users related to the subjects opened by the App’s users • The possibility of forming private groups of users with which you can talk about your interests; • the possibility of saving favorites locations, providing them with public information specific for these locations. Through FISHPOINTER you can access the Services and Content Provided by the Administrator to all users over 18 years old, on site, in applications or on the Blog.
4.THE USER ACCOUNT
In order to access the Service, you need to create a user account following the steps presented on www.fishpointer.com. When creating the user account, please fill in completely and correctly all information and data requested. The administrator reserves his right of refusing to place certain information, in case that the data provided is not exact and are impossible to be used by other users, more specific, they don’t allow the correct identification of interest points or of events. Before refusing/modifying the placement of the information into the App, the administrator will validate the accuracy of the information and will notify any modification brought to the content you added. When filling out the form on the site, fill in integral and correct the information and required data. If you want to leave comments in the Blog section, please use a responsible and polite language. In order to protect your user account, please keep your password confidential. You hold the entire responsibility for the activity taking place in or through your user account. By becoming a user it is considered that you have red and accepted the General Terms and Conditions for using the App. Any user can access the Terms and Conditions for using the App, anytime, by accessing the „Terms and Conditions” section on the webpage and in the App, and by saving it as PDF on your desired platform. Further accessing, using or visiting the App, any of its pages and / or using the Service, as well as any of their components, constitutes an entirely unconditional acceptance of the Terms and Conditions and of any provision included in them. The failure of accepting these General Terms and Conditions as well as the App’s Operating Regulations attracts the User’s obligation of immediately stopping accessing it.
5.CONDITIONS OF USE
The condition for starting using the App is knowing, accepting and observing the Terms and Conditions of FISHPOINTER. Do not use the Service in an inappropriate manner. You can only use the Service in compliance to the law, including the laws and regulations applicable for export and re-export control. We may suspend or terminate the provision of the Service towards you, if you fail to observe the Terms and Conditions or our policies, or in case we are investigating a suspect behaviour as being inappropriate. The administrator shall take all the technical and administrative measures possible and required by certain legal regulations, with the regard to the content of the Service and the protection of the Users’ personal data.
6.THE OBLIGATIONS OF USERS
As User of the App, you have the following obligations: • Not to supply and transmit any information forbidden by the law or which are contrary to the norms of social and moral ethics; • To use the App in a manner that does not disturb its operation; • Not to broadcast or place false information within the App; • To use the App in a manner that does not create any inconveniences for the other users and for the App’s Administrator; • Of using the information found within the pages of the App only for a personal purpose, defined as a non-commercial purpose, without having any direct or indirect intention related to profits or any type of earnings, from such a use. Any use of the content, by third parties, for purposes other than personal ones, can be performed only with the prior, written and express consent of the Administrator. • To observe all the copyrights and related rights and any other intellectual property rights that the Administrator and his partners have on / in relation with the service offered through the App and its content. • You do not have the right to copy, modify, distribute, sell or rent any part of the Services and of the included software; you do not have the right to remake or to extract the source code of the respective software, excepting the cases in which the legislation does not allow restrictions, or in case you have our written permission.
7.LIMITATION OF LIABILITY
All the information, data, materials presented through the App represent public information or information that was provided by a partner based on a contract legally concluded with the Administrator, and it has an informative and indicative character. The Administrator can never be held responsible in any way for the veracity and validity of the content published through the App or for any legal effect generated by the use of it.
8.DECLARATIONS OF USE
By accepting the Terms and Conditions, your expressly declare that you understand and that you agree with the following affirmations: • You are using the service at your own risk. The Administrator can’t be held liable for any direct or indirect damages caused by using the App. • Every information, data, material posted through the App is only informative and indicative. The Administrator can never be held liable, in any way, for the veracity and validity of the published content or for any legal effect generated by the use of the Service. Any information obtained by using the Service provided through the App can be used only with the User undertaking responsibility. • No advice or written information, obtained through the App will create a warranty, if not expressly stipulated in the Terms and Conditions of Use. • I have understood that the App can’t guarantee 100% for the security of data. • The Service can be used by users in order to obtain information, to make the connection towards other websites and I undertake to observe the policies of use valid in other networks or of the websites to which it refers through hyperlinks. Furthermore, I accept the fact that the Administrator or the App does not control these websites, is not responsible and does not undertake any liability related to the content of the websites it refers to. • I understand and accept that the Administrator has no liability for the advertisements posted through he Service in the App, as well as for the goods or services provided by the authors of those published messages. • I understand and accept that through the nature of the offered services and of the App’s content, people can provide information, connections or references to other apps, websites, including personal websites (blogs), forums, communities, partners’ websites, but without being limited to those, which are considered by the App to be useful in relation to its content, but which are not under its control or guidance. • I understand and accept that the Administrator is absolved of any liability in relation to the content or opinions expressed on all internet websites or other apps, as well as their correctness and accuracy. Furthermore, I understand and I accept that these internet websites are not monitored, controlled or verified in any way by the App’s Administrator. The inclusion of a connection or reference to other internet websites does not involve in any way their approval from the owner of the respective website. By accessing these internet websites, I understand and accept that the use of the services offered by these websites is subjected to the conditions established by the administrators of the respective websites.
All stylized representations, logos and associated symbols and combinations of those with any word or graphic symbol, used on this website, are the exclusive property of the App/FISHPOINTER. The use of the Services offers you no intellectual property right on them or on the content you are accessing. When you are uploading or sending in any way, information or materials in the App, through your user account, you undertake the obligation of not harming in any way the copyrights that a third party might invoke in relation with the respective uploaded or sent materials and information. As a user, you undertake the entire liability regarding any intellectual property right related to the supplied information or materials, understanding that no breach of the said obligation can engage in any way the Administrator’s liability. By uploading, sending, storing or receiving information and materials within the Services, through the App, you grant the Administrator (and the parties we are working with) the right of using, accommodating, storing, reproducing, modifying, creating derivate works (such as those related from translations, adaptations or any other modifications that we might make so that the respective content can work better with our Services), communicating, publishing, publically displaying and distributing the respective content. The rights therefore granted have the limited purpose of operating, promoting and improving the Service, as well as of developing new services. This right of use is granted free of charge and for an unlimited period of time, remaining in force even if you no longer use the App. Make sure that you own the necessary rights in order to grant us rights to use the entire content you are providing through your user account.
10.USERS PLACING CONTENT
Any information is introduced in the App by using the forms provided by www.fishpointer.com. The verification / moderation of the information published on the website is meant to remove any incomplete, obviously incorrect and/or any information that fails to observe the provisions of the present document (have a content considered offensive, slanderous or obscene, or which are considered contrary to good practices etc.), therefore trying to offer the other users a data base that contains a smaller number of erroneous information.
• You are not allowed to create several location/event pins in order to introduce an already existing information. • No pins containing erroneous information can be published. • Your are not allowed to publish Locations for: a. drugs, weapons, erotic or obscene objects and materials; b. alcohol and alcoholic beverages; c. cigarettes and tobacco products; d. fortune teller, clairvoyant, tarot and other similar services; e. pharmaceuticals and medicine, human organs; f. goods obtained through theft, robbery, frauds or other types of crime; g. goods that are dangerous for human health and lives; h. inexistent goods; i. endangered animals; j. matrimonial services, paid sex, video chat, erotic massage or other types of such services; k. job offers that include erotic massage, paid sex or video chat activities; l. writing a diploma paper or help in writing a diploma paper; m. usury activities or other similar activities; n. multi-level marketing/network marketing types of jobs or working from home through the internet type of jobs; o. counterfeit products; p. offers for goods or services, excepting those that fit into the category selected when introducing the Location. • Announcements including telephone numbers with surcharge are not admitted. • Unsolicited electronic messages (generally known as spam) are not admitted. Any introduced information that encourages such messages will be deactivated.
12.FORBIDDEN CONTENT SANCTIONS
Following the failure to observe the Forbidden Content related provisions. The Administrator has the right, depending on the effective situations, varying from case to case: • To partially modify the information, to the possible extent, so that he avoids erasing the respective information from the App and to correct the errors or inaccuracies found; • To permanently eliminate the respective post from the App; • Limit temporarily or permanently the access of the respective User to the App. In case that the information is modified or deleted from the App, you could be informed through e-mail with regard to the reason of refusal and you will have the possibility of fixing the problem and republishing the information. In case you will repeatedly publish the information, without fixing the signalled problems, the Administrator reserves his right of temporarily or permanently block your access into the App.
13.ACCESSING AND UPDATING DATA