Terms and Conditions
1. APPLICABILITY
The terms and conditions herein together with the Privacy Policy (collectively the "Service Terms") govern your use of the Cated Service, application or website and other related services (collectively "Service"), operated by ADN Context-Aware Mobile Solutions, S.L. its subsidiaries or affiliates or suppliers ("ADN").
Please note that you are not allowed to use the Service, if you do not agree to these Service Terms.
2. USING THE SERVICE
With the Service you can obtain and analyze vehicular information with the phone applications.
By using the Service you understand and agree to;
- Comply with applicable laws, the Service Terms and good manners;
- Respect the privacy of others;
- Comply with the important safety instructions and product information included in the product user's manual.
- You understand that the Service is licensed and/or made available "as is". ADN makes no, and hereby expressly disclaims all, warranties, express, implied, statutory, or otherwise with respect to the applications, including non-infringement and the implied warranties of merchantability and fitness for a particular purpose.
3. RIGHT TO USE THE SERVICE AND THE CONTENTS THEREOF
No person under the age of 18 or who is a minor under his/her local legislation is eligible to use the Service. In the event that you are of the age of 18 or older but a minor in your country, you will need to obtain consent from your parent(s) or other legal guardian(s) for using the Service and complete the registration on your behalf for you.
The Service and the applications of the site are Copyright © ADN Context-Aware Mobile Solutions, S.L. (or the respective ADN's suppliers or other third parties).
Any rights not expressly granted herein are reserved. Reproduction, transfer, distribution or storage of part or all of the contents in any form without the prior written permission of ADN is prohibited except in accordance with the following terms.
ADN consents to you using the Service on your computer or mobile terminal or other similar devices, as applicable, downloading the outcomes of the Service and printing copies of extracts from these pages for your personal use only and not for redistribution unless consented to in writing by ADN.
The Service and the content thereof may be used solely for private, non-commercial purposes, subject to these Service Terms and any applicable laws.
Please note that individual applications, documents and/or Services provided on the site as part of the Service may be subject to additional terms, such as end-user software agreements indicated in connection with the applications, documents and/or Services.
The Service may be offered in some countries only and may be provided only in selected languages.
ADN reserves the right, in its sole discretion, to change, improve and correct the Service. The Service may not be available during maintenance breaks and other times. ADN may also decide to discontinue the Service or any part thereof in its sole discretion. In such case you will be provided a prior notification.
4. POSSIBLE FEES RELATED TO THE SERVICES
Use of some of the Services may be or become subject to a separate charge, which is then announced separately in connection with the Services.
You may incur additional fees from the use of mobile and/or Internet services of your network or other telecommunications operator/carrier and/or other service provider, including without limitation SMS, MMS and WAP browsing and other services that require the use of airtime and mobile data services. ADN assumes no responsibility for the payment of such fees. Your operator/carrier is in every respect solely responsible for the services it provides to you.
5. LINKS TO THIRD PARTY SITES
For your easy accessibility ADN may include links to sites on the Internet that are owned or operated by third parties. Upon following a link to such third-party site, you shall review and agree to that site's rules of use before using such site.
You also agree that ADN has no control over the content of that site and cannot assume any responsibility for material created or published by such third-party sites. A link to a non-ADN site does not imply that ADN endorses the site or the products or services referenced in such third party site. In addition, users may create links within the Service to content that has not otherwise been submitted to the Service. You agree that ADN is neither responsible for nor liable for any such links.
6. FEEDBACK AND OTHER SUBMISSIONS BY YOU
There may be possibility within the Service for you to actively participate. By submitting any content, information or feedback ("Material") to any of ADN's servers, for example, by e-mail or via the site, you agree that:
(a) the Material will not contain any item that is unlawful, invasive of another person's right of privacy or right of publicity or otherwise inappropriate due to, without limitation, its libelous, slanderous or defamatory nature and recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Materials;
(b) you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any Material; and
(c) you own the Material or have the unlimited right to provide it to ADN and you will grant ADN worldwide, irrevocable, perpetual, non-exclusive, royalty-free and assignable license to use, reproduce and have reproduced, modify and have modified, publicly perform and publicly display such Material and distribute reproduced and modified copies thereof. ADN may incorporate the Material or any concepts described in it in its products without any accountability or liability;
(d) your use of the site will not compromise the security or integrity of ADN's computer systems, networks or web site(s) or servers, whether by allowing intruders into the same, introducing viruses or other threats, imposing a disproportionate or unreasonably large load on this site or its infrastructure, or using any computer programming routine, file or device to damage or interfere with the operation of the Service;
(e) you agree not to take any action against ADN in relation to the Material that you submit and you agree to indemnify ADN if any third party takes action against ADN in relation to the Material you submit.
ADN does not and cannot review the Material posted by users on its Service and is not responsible for such Material. ADN may at any time at its exclusive discretion monitor or moderate or remove any Material submitted by you or other users.
7. BREACH OF THE SERVICE TERMS
In the event ADN deems, at its exclusive discretion, that you are in whatsoever manner in breach of the Service Terms, ADN shall take any action of whatsoever nature, as it may deem at its exclusive discretion appropriate, to address your breach, including without limitation prevention of access and any legal action in any competent authority or court.
Specifically, ADN has the right to terminate your right to use the Service without notice at any time for any reason at ADN's sole discretion and in particular, if you breach these Service Terms or use the Service unlawfully or in a way that ADN deems inappropriate, for example for commercial purposes.
8. PRIVACY AND DATA PROTECTION
Please note that the Privacy Policy shall apply to your use of the Service in addition to these Service Terms. ADN will not supply your personal data to third parties unless you specify so, or is legally required to do so. Please familiarize yourself with the Privacy Policy prior to using the Service.
9. CONTACT INFORMATION
ADN Context Aware Mobile Solutions, S.L. ,Los Prados 166, 33203 – Gijón - Spain
10. NO WARRANTIES
THE SERVICE IS PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS. ADN DOES NOT WARRANT THAT THE USE AND/OR APPLICATIONS OF THE SERVICE WILL BE AVAILABLE FOR UNINTERRUPTED ´TIME OR ERROR OR VIRUS-FREE. ADN RESERVES THE RIGHT TO REVISE THE SERVICE AND THE CONTENTS OR WITHDRAW ACCESS TO THE SAME AT ANY TIME. NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY, INFORMATION OR CONTENT OF THE SERVICE.
11. LIMITATION OF LIABILITY
ADN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SERVICE, EVEN IF ADN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF ADN IS IN SUCH CASE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
12. INTELLECTUAL PROPERTY
The Service and related software are protected under international copyright laws and you are hereby notified that copyrights are claimed by ADN. Subject to the Service Terms, ADN retains all right, title and interest in the Service and in all ADN's products, software and other properties provided to you or used by you through the Service.
ADN's product and service names are either trademarks or registered trade names of ADN. Other product and company names mentioned at the site may be trademarks or trade names of their respective owners. Your access to this site should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any marks appearing on the site without the prior written consent of ADN or the third party owner thereof.
13. INDEMNIFICATION
You agree to defend, indemnify and hold harmless ADN from and against any and all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of i) your breach of the Service Terms, ii) your infringement or violation of any intellectual property, other rights or privacy of a third party.
14. JURISDICTION AND DISPUTE RESOLUTION
The invalidity of a provision of these Service Terms or any other applicable terms and notices shall not affect the validity of the remaining provisions. The invalid provision shall be replaced with a valid provision which comes closest to the result and purpose of these Service Terms or any other applicable terms and notices.
These Service Terms shall neither exclude nor limit any of your mandatory rights in your country of residence.
You agree to abide by applicable export control laws in the USA and other countries and not to transfer or make available, by electronic transmission or otherwise any content, software or materials subject to restrictions under such laws to a destination prohibited by such laws.
Except where prohibited by applicable law, these Service Terms and any other applicable terms and notices shall be governed by the laws of Spain.
15. MODIFICATION OF THE SERVICE TERMS
ADN reserves the right to change or modify at any time without prior notice these Service Terms and any terms and notices applicable to individual documents and/or services provided on the Service. ADN will notify you of such change or modification by posting an updated version of these Service Terms and/or other applicable terms and notices to the Service. If these Service Terms are changed in a material, adverse way, ADN will provide a separate prior notice advising of such change.
You are responsible for regularly re-viewing these Service Terms and other applicable terms and notices. Continued use of the Service shall constitute your consent to such changes.
