General Terms & Conditions
1. ABOUT THESE TERMS
2. YOUR USE OF THE APPLICATION
In creating an account, you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary in order to keep it accurate. If you are creating an account then you represent to us that you are the owner or authorized agent of such business. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts or provide or use false information that you are not legally entitled to claim, to obtain access to the Services.
You may also be able to register to use the Services by logging into your account with your credentials from certain third party social networking sites (e.g., Facebook). You confirm that you are the owner of any such social media account and that you are entitled to disclose your social media login information to us. You authorize us to collect your authentication information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions.
The creation of an account needs to be approved by us, either through explicit approval or through the provision of an invite code from us or another member. You are able to ask for access to the Services through the “Request Membership” function in the Application or through the Website. We reserve the right to refuse access to the Services to anyone for any reason at any time.
We reserve the right to charge a membership fee. If a fee is charged, the amount will be clearly communicated prior to the creation of an account, with the option for you to cancel the account creation.
You must keep your login details confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account.
You agree to use the data owned by NowWhere (as available through the Services or through any other means in the future) only for personal use/purposes and not for any commercial use, unless agreed to by/with NowWhere in writing.
You may not use the Services for any illegal or unauthorized purpose. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Services.
You are responsible for the content you submit and publish. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of your content or have been granted explicit permission from the rights holder to submit your content; your content was not copied from or based in whole or in part on any other content, work, or website; your content was not submitted via the use of any automated process such as a script bot; use of your content by us, third party services, and our and their third party users will not violate or infringe any rights of yours or any third party; the content you submit is truthful and accurate; and it does not violate the Terms or any applicable laws. If your content is a review, you represent and warrant that you are the sole author of that review; the review reflects an actual dining experience that you had; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to author or post a review that was not a fair expression of your honest opinion.
You assume all risks associated with your content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your content that makes you personally identifiable. While we reserve the right to remove content, we do not control actions or content posted by our users and do not guarantee the accuracy, integrity or quality of any content. You acknowledge and agree that content posted by users and any and all liability arising from such content is the sole responsibility of the user who posted the content, and not us.
3. COMPLIANCE WITH LAWS
You are responsible for complying with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).
You acknowledge and agree that NowWhere own all legal right, title and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated as confidential by NowWhere and that you shall not disclose such information without NowWhere’s prior written consent. Unless you have agreed otherwise in writing with NowWhere, nothing in these Terms gives you a right to use any of NowWhere’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of NowWhere’s content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services or our IP Rights.
Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.
By submitting content to this Application including any reviews, photographs, videos, or comments, you grant NowWhere a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such submissions throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such submissions. You acknowledge that NowWhere may choose to provide attribution of your comments or reviews at our discretion.
NowWhere takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is NowWhere liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
We expect all users to respect the rights of others. In case you find content posted by another user, which constitutes an abuse of your or any third party’s rights, you should report that through the reporting mechanisms available within the Services.
NowWhere reserves itself the right to remove any content it considers inappropriate or otherwise not in line with the purpose of the Services, without any prior notice.
We receive and store any information you enter through the Services or give us in any other way. This includes information that can identify you ("personal information"), including your first and last name, telephone number, postal and email addresses, user name and password. We may also request additional information such as your dining preferences, possible allergies etc. You can choose not to provide such additional information to us, but the information is collected in order to improve the user experience for you.
We automatically collect information from your device when you use the Services. For example, we may collect information regarding your online activity, such as content viewed, pages visited, and searches and/or reservations facilitated or made. One of our goals in collecting this automatic information is to help us understand the interests and preferences of our users and customize your user experience.
When you use the Services we may collect information about your location if you have instructed your device to send such information to the Services via the privacy settings on that device, or if you have uploaded photos tagged with location information. We may, in the future, use the location information collected from your device or photos to enhance your use of the Services by providing you with relevant content and contextual advertising. For example, we may use your location to show you reviews of restaurants near you when you are traveling. You can change the privacy settings of your device at any time, in order to turn off the functionality to share location information with the Services and/or the functionality to tag your photos with location information.
NowWhere may retain certain information associated with your account in our archives, including for analytical purposes as well as for recordkeeping integrity. The periods for which we retain your information depend on the purpose for which we collected it and we use it.
We will not retain your personal information for longer than is necessary for our business purposes or for legal requirements. We may retain some information for a period of time after you have closed your account with us, for instance if this is necessary to meet our legal obligations or to exercise, defend or establish legal rights.
NowWhere is committed to protecting the information we collect. We have implemented appropriate administrative, technical, and physical security procedures to help protect the personal information you provide to us.
8. THIRD PARTY CONTENT AND LINKS
9. LIMITATION OF LIABILITY
In no event will NowWhere be liable to the users for any direct, indirect, special, punitive, or consequential losses or damages of any kind arising out of the user’s direct or indirect use of or access to the Services.
Furthermore, the total liability of NowWhere to you for any cause of action you take against NowWhere will at all times be limited to one hundred euros (€ 100) or the amount you have paid to us in the last twelve months, if any, whichever is greater.
We reserve the right to modify or terminate the Services or your access to the Services, for any reason, without notice, at any time, and without liability to you. You can also deactivate your account yourself at any time. If we terminate your access to the Services or you deactivate your account, your photos, comments and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your content), but those materials and data may persist and appear within the Services, e.g., next to a quote you have provided for a certain restaurant.
11. GOVERNING LAW
These terms shall be governed by and construed in accordance with Swedish law. Any claim or dispute you may have against NowWhere must be resolved in accordance with the laws of Sweden.
11. CHANGES TO THE TERMS
NowWhere may vary or amend or change or update these terms, from time to time entirely at its own discretion. You shall be responsible for checking these terms from time to time and ensure continued compliance with these terms. Your use of the Services after any such amendment or change in the terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended terms.
If you have any questions regarding the Services, please contact us at: firstname.lastname@example.org
NOWWHERE AB, Åsbogården 2, 535 91 KVÄNUM, Sweden