Terms & Conditions
END USER LICENSE AGREEMENT FOR “100 Places”
1. AGREEMENT
This application end user license agreement (the “EULA”) is a legal agreement by and between 100 Places (hereinafter, “100 Places”) and you (“You” or “Your”) concerning Your use of 100 Places’s mobile phone application (the ” Application”) and the services available through the Website and Application (the “Services”). By downloading, installing and otherwise using the Website and/or Application, You represent and warrant that You have read and understand, and agree to be bound by the terms of this EULA and 100 Places Privacy Policy, which is incorporated herein by reference and made part of this EULA. IF YOU DO NOT UNDERSTAND THIS EULA, OR DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE THE SERVICES.
2. INFORMATION COLLECTION AND USE; PRIVACY POLICY
By using the Services, You consent that 100 Places may collect and use certain information about You, as specified in the Privacy Policy. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used.
3. CHANGES TO AGREEMENT
100 Places MAY CHANGE THIS EULA AT ANY TIME UPON NOTICE TO YOU BY POSTING A NEW VERSION ON THE SERVICES. YOU ARE RESPONSIBLE FOR PERIODICALLY REVIEWING THIS EULA TO ENSURE THAT YOU ARE FAMILIAR WITH THE MOST RECENT VERSION. Your use of the Services after we post any changes to this EULA constitutes your agreement to those changes.
4. ELIGIBILITY
BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD. IF YOU ARE ACCEPTING THIS EULA ON BEHALF OF A COMPANY, ORGANIZATION, EDUCATIONAL INSTITUTION, OR AGENCY INSTRUMENTALITY OR DEPARTMENT OF A GOVERNMENT (AN “ENTITY”) AS ITS AUTHORIZED LEGAL REPRESENTATIVE, THEN YOU REPRESENT AND WARRANT THAT YOU HAVE THE POWER AND AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, AND REFERENCES TO “YOU” HEREIN REFER TO BOTH YOU, THE INDIVIDUAL END USER, AND THE ENTITY ON WHOSE BEHALF YOU ARE ACCEPTING THIS EULA.
5. LICENSE
Subject to Your compliance with this EULA, 100 Places hereby grants You a limited non-transferable, non-sublicensable, non-exclusive, revocable license to use the Services through the Website or by downloading and installing our application. 100 Places reserves all rights not expressly granted by this EULA and You hereby acknowledge that all title and ownership of the Program and all associated intellectual property rights are and shall remain with 100 Places. When accessing the Services through the application that were downloaded from an app store or app distribution platform, such as the Apple App Store or Google Play, (the “App Provider”), You acknowledge and agree that: (a) this EULA are concluded between us, and not with the App Provider, and that we are solely responsible for the application (not the App Provider); (b) the App Provider has no obligation to furnish any maintenance and support services with respect to the application; (c) in the event of any failure of the application to conform to any applicable warranty, (i) you may notify the App Provider and the App Provider will refund the purchase price for the application to you (if applicable), (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the application, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility; (d) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the application or your possession and use of the application, 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; (e) in the event of any third party claim that the application or your possession and use of that application infringes that third party’s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this EULA; (f) the App Provider, and its subsidiaries, are third party beneficiaries of this EULA as it relates to your license of the application, and that, upon your acceptance of the terms and conditions of this EULA, the App Provider will have the right (and will be deemed to have accepted the right) to enforce this EULA as related to your license of the application against you as a third party beneficiary thereof; and (g) you must also comply with all applicable third party terms of service when using the application.
6. PAYMENTS AND PURCHASES OF VIRTUAL GOODS
100 Places may license to you certain virtual goods to be used within 100 Places Services. Unless otherwise specified, these virtual goods shall be deemed an integral part of the Software. These virtual goods may be licensed both for a fee using “real world money” and without any separate fee, as applicable from time to time. These virtual goods may also be licensed by using third party virtual currency, such as Facebook Credits or by using separate activation codes. Any and all virtual goods are licensed to you on limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use. Please note that any payment for licenses for virtual goods or redemption of third party virtual currency is always FINAL AND NON-REFUNDABLE. 100 Places may manage, regulate, control, modify or eliminate virtual goods at any time, with or without notice. 100 Places shall have no liability to you or any third party in the event that 100 Places exercises any such rights.
SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT 100 Places IS NOT REQUIRED TO PROVIDE A REFUND FOR VIRTUAL GOODS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL GOODS, WHETHER YOUR LOSS OF LICENSE UNDER THIS EULA WAS VOLUNTARY OR INVOLUNTARY.
7. ACCURACY OF THIRD PARTY INFORMATION
You understand that by using the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the 100 Places shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. You also understand that by using the Services, You may encounter opinions, advice, statements, or other information, including, without limitation, food, nutrition, exercise, and smoking related data made available by means of the Services by third parties, are those of their respective authors, and should not necessarily be relied on. Such authors are solely responsible for such content. 100 Places DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR LOSS OR DAMAGES RESULTING FROM YOUR RELIANCE ON THE ACCURACY, COMPLETENESS, USEFULNESS OR RELIABILITY OF ANY THIRD PARTY INFORMATION OR CONTENT POSTED ON THE SERVICES.
The app does use third-party services that declare their Terms and Conditions.
Link to Terms and Conditions of third-party service providers used by the app
8. ASSUMPTION OF RISK; RELEASE
YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE SERVICES. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY 100 Places AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES , SUCCESSORS, AND ASSIGN FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR THE THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SERVICES.
9. USER INFORMATION; PASSWORD PROTECTION
In connection with Your use of the Services, You may be required to complete a registration form. You represent and warrant that all user information You provide on the registration form or otherwise in connection with Your use of the Website and Services will be current, complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy by visiting your personal profile. For additional information, see the section concerning “User Ability to Access, Update, and Correct Personal Information” in 100 Places’s Privacy Policy.
You may also be asked to provide a username and password in connection with Your use of certain of the Services. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, user name, or password of any other member at any time. You agree to notify 100 Places immediately of any unauthorized use of Your account, user name, or password. 100 Places shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by 100 Places, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of Your account or password.
10. YOUR INTERACTIONS WITH OTHER MEMBERS
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT 100 Places CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. 100 Places ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. 100 Places MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. IN NO EVENT SHALL 100 Places BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES OR PERSONS YOU MEET THROUGH THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE WEBSITE, application AND SERVICES.
11. THIRD-PARTY WEBSITES
The Services offered through the Website and/or application are provided, in whole or in part, by third parties (“Third-Party Services”), some of whom may have established relationships with 100 Places and some of whom may not. 100 Places does not have control over the content and performance of Third-Party Services. 100 Places HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY SERVICES. ACCORDINGLY, 100 Places DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY SERVICES. 100 Places DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY SERVICES.
12. CONSENT TO RECEIVE EMAIL
You consent to receive email communications from 100 Places regarding the Services, new product offers and other promotions. You can opt out of receiving these email communications by following the unsubscribe instructions contained within the email or by contacting us at 100places.bg@gmail.com.
13. USER CONTENT
“User Content” is any content, materials or information, not including Personal Information (as defined in 100 Places’s Privacy Policy), that You upload or post to, or transmit, display, perform or distribute by means of, the Website, whether in connection with Your use of Services or otherwise. To clarify, You maintain full ownership of all your User Content posted to 100 Places. Because You own Your User Content, under the law, 100 Places requires a license from You before it can allow the User Content to be posted on the Website. For these reasons, the following provision is a necessary part of this Agreement:
YOU HEREBY GRANT THE 100 Places PARTIES A PERPETUAL, FULLY PAID-UP, WORLDWIDE, SUBLICENSABLE, IRREVOCABLE, ASSIGNABLE LICENSE TO COPY, DISTRIBUTE, TRANSMIT, PUBLICLY DISPLAY OR PERFORM, EDIT, TRANSLATE, REFORMAT AND OTHERWISE USE USER CONTENT IN CONNECTION WITH THE OPERATION OF THE WEBSITE, SERVICES OR ANY OTHER SIMILAR OR RELATED BUSINESS, IN ANY MEDIUM NOW EXISTING OR LATER DEVISED, INCLUDING WITHOUT LIMITATION IN ADVERTISING AND PUBLICITY. YOU FURTHER AGREE THAT THE 100 Places PARTIES MAY PUBLISH OR OTHERWISE DISCLOSE YOUR PERSONAL INFORMATION IN CONNECTION WITH THEIR EXERCISE OF THE LICENSE GRANTED UNDER THIS SECTION. YOU AGREE TO WAIVE, AND HEREBY WAIVE, ANY CLAIMS ARISING FROM OR RELATING TO THE EXERCISE BY THE 100 Places PARTIES OF THE RIGHTS GRANTED UNDER THIS SECTION, INCLUDING WITHOUT LIMITATION ANY CLAIMS RELATING TO YOUR RIGHTS OF PERSONAL PRIVACY AND PUBLICITY. YOU WILL NOT BE COMPENSATED FOR ANY EXERCISE OF THE LICENSE GRANTED UNDER THIS SECTION.
You hereby represent and warrant that You own all rights, title and interest in and to User Content or are otherwise authorized to grant the rights provided the 100 Places Parties under this section.
14. OBJECTIONABLE CONTENT
You represent and warrant that you shall not use the Services to upload, post, transmit, display, perform or distribute any content, information or materials that: (a) are libelous, defamatory, abusive, or threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, or pornographic; (b) constitute child pornography; (c) solicit personal information; (d) incite, encourage or threaten physical harm against another; (e) promote or glorify racial intolerance, use hate and/or racist terms, or signify hate towards any person or group of people; (f) glamorize the use of hard core illegal substances and drugs; (g) advertise or otherwise solicit funds or constitute a solicitation for goods or services; (h) violate any provision of this EULA or any other 100 Places agreement, guidelines or policy; or (i) is generally offensive or in bad taste, as determined by 100 Places (collectively, ” Objectionable Content”). 100 Places DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR THE CONTENTS OF THE SERVICES AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED HEREON. Without limiting any of its other remedies, 100 Places reserves the right to terminate Your use of the Services or Your uploading, posting, transmission, display, performance or distribution of Objectionable Content. 100 Places, in its sole discretion, may delete any Objectionable Content from its servers. 100 Places intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this EULA or of any applicable laws.
15. PROHIBITED USES
100 Places imposes certain restrictions on Your use of the Services. You represent and warrant that you will not: (a) “stalk” or otherwise harass any person, or contact any person who has requested not to be contacted; (b) provide false, misleading or inaccurate information to 100 Places or any other member; (c) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; (d) while, using the Website and Services, use “ad blocking” software or similar built-in web browser options designed to hide, block or prevent the proper display of online advertising; (e) modify or change the placement and location of any advertisement appearing on the Website; (f) harvest or otherwise collect information about 100 Places users, including email addresses and phone numbers; (g) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites; (h) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (i) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization; (j) interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding” “spamming,” “mail bombing,” or “crashing”; (k) use the Website or Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; (l) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or (m) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the 100 Places Parties in providing the Website or Services. Any violation of this section may subject You to civil and/or criminal liability.
16. INTELLECTUAL PROPERTY RIGHTS
a. Software
Rights to Services. You acknowledge and agree that the Services and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of 100 Places. Furthermore, You acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Services are the intellectual property and proprietary and confidential information of 100 Places and its affiliates, licensors and suppliers. Except as expressly stated in this EULA, You are not granted any intellectual property rights in or to the Services by implication, estoppel or other legal theory, and all rights in and to the Services not expressly granted in this EULA are hereby reserved and retained by 100 Places.
b. Third Party Software.
The Services may utilize or include third party software that is subject to open source and third party license terms (“Third Party Software”). You acknowledge and agree that Your right to use such Third Party Software as part of the Services is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of this EULA and the terms of such open source or third party licenses, the terms of the open source or third party licenses shall control with regard to Your use of relevant Third Party Software. In no event shall the Services or components thereof be deemed to be “open source” or “publicly available” software.
c. Trademarks
100 Places, 100 Places.com and the 100 Places logo (collectively, the “100 Places Marks”) are trademarks or registered trademarks of 100 Places. Other trademarks, service marks, graphics, logos and domain names appearing on the Services may be the trademarks of third-parties. Neither Your use of the Services nor this EULA grant You any right, title or interest in or to, or any license to reproduce or otherwise use, the 100 Places Marks or any Third-Party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the 100 Places Marks generated as a result of Your use of the Services will inure to the benefit of 100 Places and You agree to assign, and hereby do assign, all such goodwill to 100 Places You shall not at any time, nor shall You assist others to, challenge 100 Places’s right, title, or interest in or to, or the validity of, the 100 Places marks.
d. 100 Places Copyrights; Copyright Notice.
All content and other materials available through the Application, including without limitation any software code, scripts, interfaces, graphics, displays, text, documentation and other components, and the selection, arrangement and organization thereof, are either owned by 100 Places or are the property of 100 Places’s licensors and suppliers. Except as explicitly provided, neither use of the Services nor this EULA grant You any right, title or interest in or to any such materials. Copyright © 2021 to the present, 100 Places ALL RIGHTS RESERVED.
17. DISCLAIMERS; LIMITATION OF LIABILITY
a. NO WARRANTIES.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE SERVICES AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK. 100 Places AND ITS THIRD-PARTY SERVICE PROVIDERS, AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE SERVICES AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, 100 Places AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT: (i) THE SERVICES OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE SERVICES WILL BE AS REPRESENTED TO MEET YOUR EXPECTATIONS; OR (iv) ANY ERRORS IN THE SERVICES OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 100 Places OR FROM THE SERVICES SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTEE. FURTHERMORE, YOU ACKNOWLEDGE THAT 100 Places AND APPLE HAVE NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE SERVICES.
b. YOUR RESPONSIBILITY FOR LOSS OR DAMAGE; BACKUP OF DATA
YOU AGREE THAT YOUR USE OF THE WEBSITE, application AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD 100 Places OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE WEBSITE, application AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
IMPORTANTLY, YOU HEREBY ACKNOWLEDGE THAT A CATASTROPHIC SERVER FAILURE OR OTHER EVENT COULD RESULT IN THE LOSS OF ALL OF THE DATA RELATED TO YOUR ACCOUNT. YOU AGREE AND UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO BACKUP YOUR DATA TO YOUR PERSONAL COMPUTER OR EXTERNAL STORAGE DEVICE AND TO ENSURE SUCH BACKUPS ARE SECURE
c. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL 100 Places OR ITS AFFILIATES, PARTNERS, SUPPLIERS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT 100 Places WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, 100 Places’ AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FIFTY DOLLARS (50$). YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN 100 Places AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
d. APPLICATION
THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND 100 Places OR BETWEEN YOU AND ANY OF 100 Places’ THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. 100 Places ‘ THIRD-PARTY SERVICE PROVIDERS LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
18. GENERAL REPRESENTATION AND WARRANTY
You represent and warrant that Your use of the Services will be in accordance with this EULA and any other 100 Places policies, and with any applicable laws or regulations.
19. INDEMNIFICATION
You shall indemnify, defend and hold harmless 100 Places and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) Your access to or use of the Services or Third Party Content and Services; (ii) Your breach of this EULA; (iii) Your violation of law; (iv) Your negligence or willful misconduct; or (v) Your violation of the rights of a third party, including the infringement by You of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the EULA.
20. GOVERNING LAW; JURISDICTION AND VENUE
This Agreement, including without limitation this EULA’s interpretation, shall be treated as though this EULA were executed and performed in Sofia, Bulgaria and shall be governed by and construed in accordance with the laws of Bulgaria without regard to its conflict of law principles. ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE SERVICES, OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN ABOVE. The language in this EULA shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
21. TERMINATION
Either party may terminate this EULA and its rights hereunder at any time, for any or no reason at all, by providing to the other party notice of its intention to do so. This EULA will terminate automatically if You fail to comply with its terms and conditions. In such an event, you must destroy all copies of the Software and all of its component parts and cease and desist from accessing any 100 Places Services. Any termination of this EULA automatically terminates all rights and licenses granted to You under this EULA, including all rights to use the Website, application and Services. Subsequent to termination, 100 Places reserves the right to suspend or disable your access to or use of the Services by whatever means it deems necessary to prevent Your unauthorized use of the Services.
22. NOTICES
All notices required or permitted to be given under this Agreement must be in writing. 100 Places shall give any notice by email sent to the most recent email address, if any, provided by You to 100 Places. You agree that any notice received from 100 Places electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH 100 Places IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY 100 Places OF AN EMAIL TO THAT ADDRESS. You shall give any notice to 100 Places by means of: email to: 100places.bg@gmail.com. Notice to 100 Places shall be effective upon receipt of notice by 100 Places.
100 Places PRIVACY POLICY
EFFECTIVE DATE: JANUARY, 2021
This Privacy Policy governs Your (“You” or “Your”) use of any software application (the “application”) and/or website located at http://www.100places.bg/ (the “Website”) provided by 100 Places (hereinafter, “100 Places”). This privacy statement describes how 100 Places collects and uses the personal information you provide. It also describes the choices available to you regarding our use of your personal information and how you can access and update this information. This Privacy Policy is only applicable to the Website and application and does not apply to any websites or application that are owned or operated by third parties (“Third-Party Websites/application”), which may have data collection, storage and use practices and policies that differ materially from this Privacy Policy. For additional information, see the section concerning Third-Party Websites/application, below.
BY USING THE WEBSITE AND/OR application, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO THE TERMS OF, THIS PRIVACY POLICY.YOU ARE CONSENTING TO OUR PROCESSING OF USER PROVIDED AND AUTOMATICALLY COLLECTED INFORMATION AS SET FORTH IN THIS PRIVACY POLICY. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THIS PRIVACY POLICY, YOU MAY NOT USE THE WEBSITE AND/OR APPLICATION.
1. INFORMATION COLLECTION
a) Traffic Data and Location Services When users download, install and use the application on their mobile device, 100 Places automatically collects and makes use of location-based data. Location-based data includes, without limitation: IP address, browser type, referring/exit pages, operating system, device type, domain servers, and other anonymous information that does not personally identify you. If you allow these services, we will collect information about the Wi-Fi routers closest to you and the cell IDs of the towers closest to you. We use this information to provide the requested location-based service, not to identify you. You will be asked for your permission each time a location-based service is requested.
b) Personal Information 100 Places collects the following personal information which includes, without limitation: (1) Contact Information such as name, email address, mailing address, phone number, friends, and contacts. (2) Unique Identifiers such as user name, account number, password.(3) Preferences Information you provide such as product or content interests, or communication or marketing preferences. (4) Usage activity about how you interact with us such as purchase history, what content you viewed, and which areas of our site you visited. (5) Health or Fitness Information such your caloric intake, nutritional statistics, fitness activity, weight loss/gain, years smoked, cigarette intake. (6) Device Information
c) Demographic Data 100 Places also collects the following demographic information from you which includes, without limitation: (1) household income, age, education, gender, interests, zip code, postal code, birthday, country, height, weight, lifestyle, exercise frequency, smoking habits, interests, information about your mobile device id(similar to a website IP address), device type, and mobile service carrier.
d) Third Party Services and Social Networks 100 Places allows you to create a profile and account using your login/ID from a Third Party service like Facebook. 100 Places will use your login/ID to access and gather information that Your privacy settings on that Third Party Service permits 100 Places to access so that 100 Places can create your profile and account. 100 Places also purchases marketing data about our customers from third parties and combines it with information we already have about you, to create more tailored advertising and products. If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.
e) Information You Make Public Specific areas of the Website and application are available to any viewer, such as our community forums and Your personal profile. 100 Places cannot control the actions of others with whom you may choose to share your pages and information. Also 100 Places cannot guarantee that the content you post on our Website and application will not be viewed by others outside your network. In addition, the Website contains features that permit You to upload, post, transmit, display, perform or distribute content, information or other data, including Your Personal Information. Any information that You choose to disclose by means of such features becomes public information. You should exercise caution when deciding to disclose Your Personal Information by means of such features, and You agree to assume all responsibility for doing so.
f) Opt-Out You may opt-out of receiving our newsletter or marketing emails from us by following the unsubscribe instructions included in each newsletter or marketing email or you can contact us at 100places.bg@gmail.com.
2. INFORMATION USE AND DISCLOSURE PRACTICES
g) Traffic and Location-Based Data 100 Places uses Mobile Device Data to understand usage patterns and to improve the application. We use the location-based data to provide you with content, local search results, special offers and ultimately improve your experience by serving you more relevant and interesting information. 100 Places also uses your location-based data to: send you requested product or service information, send you push notifications, send you newsletters, send you marketing communications, respond to your questions/concerns, display content based upon your interests, administer your account, conduct research and analysis, improve our application and marketing efforts, and facilitate your interactions with other users. Location services and Push Notifications can be enabled or disabled at any time, through the mobile device settings or you can contact us at 100places.bg@gmail.com.
a) Personal Information – 100 Places uses your personal information to send you correspondence about 100 Places and 100 Places’s products and services as well as to contact you regarding your association with the Website and/or application.
b) Demographic Data – 100 Places uses your Demographic Information to personalize your experience with the Website and/or application.
3. SHARING YOUR INFORMATION
a) Your Information 100 Places will share your information with third parties only in the ways that are described in this privacy statement. We may provide your personal information to companies that provide services to help us with our business activities such as shipping your order or offering customer service. These third parties are authorized to use your personal information only as necessary to provide these services to us.
b) Personal Information 100 Places may disclose your personal information: (1) as required by law, such as to comply with a subpoena, or similar legal process. (2) when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. (3) if 100 Places is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information. (4) to any other third party with your prior consent to do so.
c) Demographic Information 100 Places shares your Demographic Information with third parties in anonymous form. 100 Places shares your Demographic Information with its advertisers, and marketing partners so that such third parties may provide you with advertisements that are relevant to your interests. To opt-out of sharing your Demographic Information in anonymous form with our advertising and marketing partners you can contact us at 100places.bg@gmail.com.
d) Third Party 100 Places makes your personal information available to other companies so that they can market their products or services to you. If you do not want us to make your personal information available to these companies, contact us at 100places.bg@gmail.com. 100 Places makes your contact information available to other users involved in the sale or purchase of items listed on this site to complete the sale transaction.
4. TRACKING AND ADS – 100 Places partners with a third party ad network to either display advertising on our App or to manage our advertising on other sites. Our ad network partner uses technologies to collect non-personally identifiable information about your activities on this and other Apps to provide you targeted advertising based upon your interests.
5. SECURITY – 100 Places follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Website, you can contact us at 100places.bg@gmail.com. In order to make a purchase from us, you must use our third party checkout options to finalize and pay for your order. Its privacy statement and security practices will also apply to your information. We encourage you to read that privacy statement before providing your information. We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at 100places.bg@gmail.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
6. OTHER INFORMATION
a) Information You Make Public 100 Places’s Website and/or application offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at info. 100 Places@gmail.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so.
b) Correcting and Updating Your Personal Information To review and update your personal information to ensure it is accurate, contact us at 100places.bg@gmail.com.
c) Notification of Privacy Policy Changes 100 Places may update this Privacy Policy to reflect changes to our information practices. If we make any material changes they will be posted on the Website and/or application and will indicate the effective date of such changes. We will notify you of any changes to our Privacy Policy by posting the new Privacy
You are advised to consult this Privacy Policy regularly for any changes. You may also be notified via email (sent to the e-mail address specified in your account) or by other means. We encourage you to periodically review this page for the latest information on our privacy practices. You will be deemed to have agreed to any modifications or updates by Your decision to continue using the Website and/or application after the effective date indicated on the Privacy Policy. Use of any information 100 Places collects now is subject to the Privacy Policy in effect at the time the information is used.
d) Children’s Privacy 100 Places do not use the Website and/or application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at 100places.bg@gmail.com. We will delete such information from our files within a reasonable time.
e) Third Party Websites/application The Website and application contains links to third party websites and application. 100 Places is not responsible for the security, privacy, and policies of any third party websites and/or application. This Privacy Policy does not apply to any third party website and/or application with the exception of Personal Information provided directly to them by 100 Places. It is your responsibility to familiarize yourself with the privacy policies and security practices (if any) of any third party website before visiting, using, or providing personal information to such third party websites and/or application.
f) International Users If you are located outside of the United States and choose to provide 100 Places with your personal information, Your information will be transferred and processed to U.S. (or any other country where 100 Places operates).
EFFECTIVE DATE: January, 2021
If you request your profile to be deleted, please use the same email as your username.