Hidden Place Terms and Conditions Agreement

Effective as of 29th of May 2018

 

This Terms and Conditions Agreement explains the terms and conditions under which you can use the Platform and Services provided by Openmind Technologies Inc. Please read this Terms and Conditions document carefully and keep a copy of it for your reference.

By using our Services or accessing any Content that is made available by Hidden Place you express your agreement to be legally bound by our terms and conditions stated in this document, so please read these Terms carefully before using our Services as you are entering into a binding contract with Openmind Technologies Inc. If you do not agree with (or cannot comply with) the terms and conditions set forth below, do not use or access our services.

These Terms do not interfere with any obligation or authorization provided in any other agreement concluded between you and Openmind Technologies Inc.

 

I. Definitions

 

1.1       The following definitions explain some of the terminology and abbreviations used throughout our Terms and Conditions Agreement:

Terms’ refers to the latest version of these Terms and Conditions Agreement.

Site’ refers to the website of Hidden Place available at <https://hidden.place/> or any other URL which may host Hidden Place websites or Services.

App’ refers to “Hidden Place” application for Android available at Google Play, and iOS available at App Store.

Platform’ refers to the Site, the App, and the Services collectively.

User’ refers to any person, downloading, visiting, using or in any other way interacting with the Platform or its Content regardless of the activities undertaken.

We/Us/Hidden Place’ refers to Openmind Technologies Inc., the Platform, and its partners and affiliates.

Privacy Policy’ refers to our Privacy Policy governing our practice of collecting, using and storing information provided by the User. This document is available at hidden.place/privacy.

Third-Party’ refers to any application, website, natural or legal entity other than the Platform and Openmind Technologies Inc.

Content’ refers to information, data, text, photographs, videos, audio clips, artwork, designs, templates, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on the Platform or through the Services.

User Generated Content’ refers to the Content provided by the Users.

Services’ refers to the functionality of the Platform, availability of the Content and User Generated Content, providing digital interface with geo-localization to share and discover hidden spots around the world, and other services provided by Hidden Place.

 

II. General provisions

 

(A) Eligibility

2.1       By registering for the use of the Services, you confirm that you are at least 16 years of age. If you are younger than 16, you may not use the Platform in any capacity. If the law in your country of residence prescribes an older age as a minimum limit for safe browsing and independent registration of personal information, you are confirming that you are at least at the age of prescribed limit. If you do not fulfill the requirement of minimum age, and you wish to use the Platform, you are required to provide a verifiable written parental consent prior to using the Platform. By accessing or using the Platform, you confirm that you will not use the Platform contrary to these Terms or applicable laws.

2.2       We may not control who uses the Platform, so it is upon you to assess whether using the Platform is in compliance with any local laws and regulations. Whenever you are using our Platform, you will need to comply with these Terms and any applicable laws, regulations, and policies. If any part of the Platform is not in compliance with your local laws, you may not use the Platform. Any such Service will be considered as ‘not available in your region.’

 

(B) Registration

2.3       Some of the Services provided are only available to registered Users. You are able to register on the Platform through your social media account or by completing the registration form. During the registration process, you will be asked to provide some personal information, the collection, use, and storage of which is regulated by our Privacy Policy document and applicable laws. Users are required to provide true, accurate, current and complete information about them as prompted by registration forms provided. You agree to update your information should there be any changes, in order to keep registered information true, accurate, current and complete. If you provide information contrary to aforementioned conditions, we may deny you or terminate your access to parts of our Platform. We are not responsible for any failure in providing the Services which results from information that is not true, accurate, current, and complete.

2.4       You understand that it is your responsibility to keep your log in information confidential. You are responsible for all activity under your account. If you ever find out or suspect that someone accessed your account without authorization, you are advised to inform us immediately.

2.5       If you want to delete your User account please let us know by contacting us through our email or by going to your account Settings -> Help & Feedback and write to us through available form that you want to delete your User account. We will delete your User account as well as any personal information we have about you within seven (7) days from receiving the notice.

(C) Reservations

2.6       Users are able to make reservations of Third-Party services directly through the Platform. Users are making reservations of services with their provider with the Platform serving as platform to bring Users and Third-Party providers together. We do not guarantee that the information about the services is true, accurate, complete, and current. By making reservations through the Platform, Users are entering into a bilateral relationship exclusively between themselves and the Third-Party providers. We act solely as a provider of Service platform and we are not a part of such bilateral relationship, other than to serve as an intermediary in transferring reservation request and information from the User to the Third-Party provider and confirmation information from the third-party provider to the User. We are not responsible for any disputes which result or are connected with such contractual relationship between Users and third-party providers.

(D) Contact

2.7       By allowing us access to your e-mail address, you agree that we may contact you using such contact information, for any matters relating to the Services (Service e-mails). These e-mails do not constitute “unsolicited commercial e-mail advertisements,” and you are not able to opt-out of receiving them. If you provide your consent we may also inform you through e-mail about content, promotions, special offers and or other topics of interest related to the Hidden Place and our affiliates (Promotional e-mails). You may choose to stop receiving these promotional e-mails at any time by following the instructions contained in promotional e-mails.

2.8       If you have any question or suggestion you can contact us at [email protected].

 

III. Acceptable Use Policy

 

3.1       You agree that you will not misuse our Platform. A misuse constitutes any use, access or interference with the Platform contrary to Terms, Privacy Policy and applicable laws and regulations. We can, in our sole discretion, suspend or terminate access to all or parts of the Platform to any User, without prior notice or need to deliberate on reasons for such measure. We reserve the right to deny Services to anyone at any time. During your use of our Services, you will not behave contrary to the Terms, Policies, applicable laws and regulations, and you will especially not, without limitation, do any of the following:

  1. send or otherwise post unauthorized commercial communications (such as spam) through the Platform;
  2. collect Users’ content or information, or otherwise access the Platform using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
  3.  upload viruses or other malicious code;
  4. bully, intimidate, or harass any other User;
  5. post or transmit content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to Third-Parties;
  6. harass, threaten, embarrass or cause distress or discomfort upon another individual or entity or impersonate any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Platform;
  7. take any action creating a disproportionately large usage load on our Platform unless expressly permitted by Hidden Place;
  8.  create more than one account or share your account with anyone;
  9. post or transmit content that is misleading.
  10.  communicate any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else’s rights;
  11. encourage participation in or promote any contents, pyramid schemes, surveys, chain letters or spamming, or unsolicited emailing through the Platform;
  12. post or transmit hyperlinks to other websites that violate these Terms;
  13. facilitate or encourage any violation of these Terms.

3.1       Users are solely responsible for their own content and the consequences of making the content available to Third-Parties.

 

IV. Proprietary Rights

 

(A) Intellectual property rights

4.1       The copyright and all intellectual property rights in the Platform belong to Hidden Place or are used with appropriate permissions. It includes design, all database rights, trademarks, text, graphics, code, file and links, service marks, and the selection and set up thereof. All rights are reserved.

4.2       Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and use the Platform and other Content provided by Hidden Place. Except as expressly permitted in these Terms, you may not:

  • make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Platform;
  • distribute, transfer, sublicense, lease, lend or rent the Platform to any Third-Party;
  • decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Platform;
  • remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the Platform; or
  • make the functionality of the Platform available to multiple users through any means.

 

(B) Apple and Android Devices

4.3       The following terms apply when you use our App obtained from either the Apple Store or Google Play (each an “App Distributor”):

  1. the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
  2. we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
  3. in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
  4. you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and
  5.  you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

 

(C) Notification of Infringement

4.4       If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Site’s Copyright Agent:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Site or the App;
  4. Your name, address, telephone number and e-mail address;
  5. A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Our copyright agent can be reached as follows:

Email: [email protected]

 

(D) User Generated Content

4.5       If you post content on or through the Platform, you grant us a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such User Generated Content on the Platform and on any other marketing material we may create. Whenever we might use the User Generated Content we will give appropriate credit to the content provider through their name.

4.6       Users are able to leave reviews and comments regarding their experience at various places and locations in the world. We may publish such reviews and comments on the appropriate page for the purpose of informing other Users on previous experiences. We reserve the right to refuse to publish, to remove or amend the reviews and comments from Users, at our sole discretion.

4.7       We aim to provide a safe space for all our Users. However, considering how we do not monitor User Generated Content, you agree to inform us immediately if you come across any illegal activity, activity that is in breach of these Terms, or activity you suspect might be in violation of these Terms or applicable laws or might otherwise be objectionable. Although we expressly prohibit posting of any User Generated Content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to Third-Parties, we do not pre-screen the content, so you hereby agree that you may be exposed to any such content and that you use the Site and the Services at your own risk. We reserve the right to remove any content which we find to constitute a breach of these Terms or relevant laws, without notifying the Users or providing reasoning for such action. You recognize and concur that Hidden Place bears no obligation regarding the risk, harm, damage, or loss that might emerge from content submitted to or distributed on the Platform. You further understand that by providing your content online, other people will have access to such content and they will be able to copy, share or otherwise interact with such content. If you do not want your content to be used as described the only remedy is to not share your content.

 

(E) Third-Party content

4.8       Some content on the Platform, such as advertisement, may be provided by the Third-Party. We are not responsible for such content, nor do we monitor or control content provided by Third-Party.

 

V. Third-Party services

 

5.1       Our Services may be used in connection with Third-Party services such as Facebook, Twitter, Google +, and other. In that sense your interaction with the Platform is further regulated by the Third-Party’s respective terms and privacy policies. Hidden Place is not sponsored, endorsed, organized or in any other way supported by these Third-Parties.

5.2       Third-Party suppliers might market their services and offer reservation of such services through the Platform. Third-Party providers are obliged to provide true, accurate, complete, and current information regarding the services they offer. Third-Party providers are solely responsible for updating their prices as per rules for general information. We and our affiliates are not responsible for any issues resulting from information provided contrary to these Terms. Third-party providers are responsible for availability, quality, affordability, accessibility and other properties of the goods and/or services provided through our Platform. We do not endorse any third-party provider. If the Third-Party provider is informed about reservation made through the Platform, they are required to confirm reservation within three (3) days from receiving the information, or the reservation will be considered as ‘not available at the moment’.

 

VI. Privacy Policy

 

6.1       Please review our Privacy Policy to learn more about how we collect and use information about you via the Platform.

 

VII. Indemnity

 

7.1       You agree to indemnify and hold harmless Hidden Place, its affiliates, directors, officers, shareholders and employees 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 your access to or use of the App and its Services, content which you provide, or your violation of these Terms.

 

VIII. Disclaimer and Limitation of Liability

 

8.1       WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PROVIDED BY LAW, THE APP AND SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, AND/OR DELIVERING THE SERVICES AND THE APP ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH ACCESS TO, USE OF, OR DOWNLOADINGTHE APP OR THROUGH YOUR DOWNLOADING OF MATERIALS FROM THE APP, INCLUDING BUT NOT LIMITED TO ANY DAMAGECAUSED BY BUGS, VIRUSES, OR ANY COMPUTER SYSTEM, HARDWARE, SOFTWARE, OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES, OR DELAYS. IN NO EVENT WILL HIDDEN PLACEOR ANY OF OUR AFFILIATES OR SERVICE PROVIDERS BE LIABLE FOR ANY LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR OF THE INABILITY TO USE ANY MATERIALS ON THE WEBSITE.

8.2       BY LISTING INFORMATION RELEVANT TO TRAVEL TO PARTICULAR DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS ADVISABLE OR WITHOUT RISK, AND ARE NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION WITH OR RELIANCE ON ANY AVAILABLE INFORMATION. YOU MUST PERFORM ANY NECESSARY, APPROPRIATE, PRUDENT OR JUDICIOUS INVESTIGATION, INQUIRY, RESEARCH AND DUE DILIGENCE WITH RESPECT TO INFORMATION. IF YOU ARE TRAVELING TO SPECIFIC DESTINATION YOU ARE RESPONSIBLE FOR VERIFYING ALL NECESSARY INFORMATION SUCH AS INFORMATION REGARDING VISAS, SAFETY AND HEALTH. MAKE SURE TO RESEARCH AND UNDERSTAND LOCAL LAWS AND CUSTOMS BEFORE MAKING THE TRIP. WE ARE NOT RESPONSIBLE FOR ANY ISSUES ARISING OUT OF YOU INCOMPLIANCE WITH ANY LOCAL LAWS AND CUSTOMS.

8.3       PLEASE BE ADVISED: CERTAIN PLACES MIGHT BE UNSAFE, DANGEROUS OR CONTAIN HIGHER RISK OF PERSONAL INJURY. YOU ARE VISITING THE PLACES AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR ANY PHISICAL INJURY, HARM, FINANCIAL LOSS OR OTHER CONSEQUENCE OF YOUR USAGE OF THE APP, SERVICES OR MATERIALS.

 

IX. Changes

 

9.1       We reserve the right to update and change the terms periodically without notifying the users. The current version of terms is available from the App indicating the effective date. Users are encouraged to periodically review terms in order to stay informed on any changes. Users are bound by any changes to the terms regardless of their knowledge about them, provided that changes were published and available for review.

 

X. Governing law and choice of forum

 

10.1     This Agreement shall be governed by and construed under the laws of the Province of Quebec and the laws of Canada applicable there in, without regard to conflict of law provisions. You agree that if you have any dispute with Hidden Place you will contact us in order to settle through negotiations and mutual understanding. If the solution can not be reached in negotiations you agree and hereby submit to the exclusive jurisdiction of the courts sitting in the judicial district of Montreal.

 

XI. Final provisions

 

11.1     If any part of these terms and conditions is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the terms and conditions.

11.2     The section titles in the Terms are for convenience only and have no legal or contractual effect.

11.3     Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision.

11.4     These Terms may be available on multiple languages, however English version will be considered as the authentic and official version.

 

XII. Contact

 

14.1     If you have any questions, suggestions, or comments, you can address them to [email protected].