Terms of use

Terms of use of the map´n paw application

Business name:

  KLADOS sr.o.

Registered place:

  Cyrila Boudy 1444, 272 01 Kladno, CZ

Company registration no:

  27573672

Vat Number:

  CZ27573672



File number:

  The company is registered at the Municipal Court in Prague - Section C, File 116792

Scope of business:

  Production, trade and services not listed in Annexes 1 to 3 of the Trade Licensing Act

Statutory body:

  Vladimír Hrubeš, executive

Website:

  https://mapnpaw.com

E-mail:

  info@mapnpaw.com

1. Introductory statement

1.1 These Terms of Use (hereinafter referred to as the “Terms” or “Terms of Service”) apply to access to the Map´n paw mobile application for Android operating systems from version 5.0 and iOS from version 11.0 and its Internet version at www.mapnpaw.com (hereinafter referred to as the “Application”), which is owned by the above-mentioned company KLADOS sro (hereinafter referred to as the "Provider").

1.2 The application is, in the sense of the Copyright Act, an author's work, whereby the Provider is exclusively entitled to exercise property rights to the work, in accordance with the Copyright Act.

1.3 The Provider declares that it is the author of the Application and that no use of any third party right or legal regulation will be violated with the use under this Contractual Agreement.

1.4 The User of the Application is any natural or legal person who creates a user account (hereinafter referred to as the “User”).

1.5 These Conditions regulate the conditions of use of the Application and define and specify the rights and obligations of the Provider and the User.

1.6 By concluding this Contractual Agreement, the Provider shall leave the User the right to exercise the right to use the Application for the period agreed on the basis of this Agreement.

1.7 The Provider grants the User a limited, personal, non-transferable, non-exclusive license to use the Application.

1.8 This Contractual Agreement regulates the use of any updates to the Application by which the Provider replaces or supplements the original Application.

1.9 The User is not entitled to use the Application in a way that would in any way violate the rights of the Provider. The Application Provider reserves all rights not expressly granted to the User.

1.10 This Contractual Agreement does not grant the User any rights in connection with the Provider's trademarks.

1.11 By creating a user account (hereinafter referred to as the “Account”), this Contractual Agreement between the Provider and the User is created. By creating an Account, the User agrees to this Contractual Agreement as amended as of the date of creation of the Account.

2. Subject of the commitment

2.1 The Provider grants the User the right to use the Application to create its own Travel Diary, which the Application automatically creates when the user performs  a check-in at selected places in the world, marked on the map with a paw.

Brief explanation of using Map´n paw:

All playing places are shown on the map as paws. When the user's phone gets to the predetermined circle of space = paws, the user checks and thus gets 1 point. After checking, the user can add the following posts (hereinafter "Post"):

- add a photo of the place you are visiting. For adding the first photo of the place, the user gets another 1 point.

- add a rating and comment of the place visited

- add a private comment to a place you've visited

- share the visited place on social networks

Each check is recorded by the user in the Travel Diary. All played places can be clearly seen by the user in the map of Visited places. Some very interesting places are marked in the application as Medal places. When a user visits 3 such medals in one of 10 categories (HISTORY - CULTURE - CITIES - MUSEUMS - NATURE - SPORTS - TECHNICAL HERITAGE - UNESCO - VIEWS - FUNPARKS) in one of the 5 continents (AFRICA - AMERICA - ASIA - AUSTRALIA - EUROPE) , will receive a medal in the given category of the given continent and in addition 30 bonus points. In each of the continents, the user has many options for obtaining a medal. We have gathered the most interesting places in the world in the Flag Places. Checking in to such a unique place means gaining a flag and 30 bonus points for the user. We also classify flags, as well as medals, into 10 categories and 5 continents, so in total the user has the opportunity to get 50 flags. The user sees all his acquired points and locations clearly in the Ranking.

2.2 Basic license The application contains:

a) use of the map´n paw application

b) Security and Optimization Software Updates

2.3 The right to use the Application arises for the User after setting up a user account, by registering in the Application.

2.4 The Provider provides instructions for using the Application on the website www.mapnpaw.com

2.5 The application may be extended by the provider with additional modules, some of which may be charged.

2.6 The application can be activated on multiple devices at the same time.

3. Rights and obligations of the provider

3.1 The Provider is obliged to make the Application available to the User

3.2 The Provider reserves the right to any intervention in the Application without the need for prior notice to Users

3.3 The Provider is entitled to delete the Contribution from the Application for important reasons (especially if it suspects that the Contribution is not in accordance with the legal regulations of the Czech Republic and / or these Conditions or the legitimate interests of the Provider).

3.4 The Provider is not liable for the preservation of the Contribution or other data uploaded to the Application by the Provider, the User or other Users. The Provider usually makes backups of the data uploaded to the Application, but is not obliged to do so; the existence or non-existence of backups does not establish the User's right to access them or other related rights.

3.5 The Provider is not a party to contractual or other relations between the User and other users of the Application or other third parties and thus does not bear responsibility towards the User or other entities arising from obligations between the User and other entities, their breach and settlement of their mutual receivables.

3.6 The Provider is entitled to control and enforce compliance with this Contractual Agreement.

3.7 The Provider is entitled to block or not provide the User with the Application in the event that it would be in conflict with valid legal regulations or with the legitimate interests of other Users or other third parties.

3.8 In the event of a breach of these Terms by the User, the Provider is entitled to limit or block the User's Account or to restrict or block the use of the Application.

3.9 In particular in connection with the necessary maintenance, improvement or repairs of the Application, the Provider is entitled to temporarily limit or stop the provision of the Application as a whole, or some of its parts. If possible, the Provider shall notify the User of such a fact sufficiently in advance, directly through the Application or in another suitable manner.

3.10 The Provider is not responsible for any outages of the Application caused by third parties, especially suppliers of the Application, necessary for the operation of the Application (hosting providers, Internet connection, electricity suppliers, etc.), or force majeure, as well as for unforeseeable or unavoidable damage.

3.11 The Provider reserves the right not to extend the license to the User.

3.12 The Provider reserves the right to revoke the User's license in the event of a breach of this Contractual Agreement by the User.

4. Rights and obligations of the user

4.1. To use the Application, the User must create an Account in the Application, either by logging in to his profile on the social network Facebook or by entering his e-mail address, password and any other data. The User may be logged in to the Application under only one Account at a time.

4.2 The User is entitled to use the Application only in accordance with this Contractual Agreement. He is not entitled to interfere with the source code of the Application or otherwise attempt to change, copy or interfere with the functions of the Application in any way.

4.3 The User co-creates the content of the Application using his Posts.

4.4 Use of the Application is free for the User. However, the user bears the costs incurred in connection with the implementation of access (for example, the cost of an Internet connection, etc.).

4.5 The User is responsible for the consequences of his actions related to the use of the Application. He also hereby agrees that he will not use the Application for any activities that are or could be in conflict with the legal regulations of the Czech Republic and / or these Conditions or the legitimate interests of the Provider. The User's activities will not be in conflict with the moral code, good morals and generally accepted principles of using the services provided via the Internet.

4.6 The User agrees that within the use of the Application, under the conditions set by the Provider, his Contributions may be displayed to other users of the Application.

4.7 The User agrees that within the use of the Application, in addition to the content uploaded to the Application by the Provider, Contributions created by other Users may be displayed to him under the conditions set by the Provider.

4.8 The User agrees that within the use of the Application, the Provider is entitled to use and publish the name and surname or nickname under which the User has established an Account and its profile photo.

4.9 The User is prohibited from publishing false, misleading or misleading information through the Posts.

4.10 The User is prohibited from publishing Contributions that are vulgar or obscene and using the Application in violation of the rights and legitimate interests of third parties and entering personal data of other natural persons into the Application.

4.11 The User is prohibited from disrupting the operation of the Application in any way, in particular attempting to circumvent, violate or break the security features of the Application and interfering with the content of the Application or Contributions of other users in a way other than the Provider allows within the offered Application.

4.12 The User is prohibited from publishing the Contribution infringing intellectual property rights through the Application.

4.13 The User is prohibited from publishing through the Application a Contribution which fulfills or for which a reasonable suspicion of fulfilling the factual substance of a criminal offense may be given.

4.14 The User is prohibited from the systematic or large-scale publication of Contributions without the prior specific written consent of the Provider.

4.15 The User is fully responsible for each Contribution he publishes within the Application. The Provider does not carry out ongoing control of published Contributions; The Provider is not obliged to supervise the content of the Contribution or to actively search for facts and circumstances pointing to the incorrectness or illegality of the Contributions.

4.16 With respect to the Contributions that he publishes through the Application, the User declares and warrants that he is entitled to their publication, dissemination and all handling of the Application and all individual components of the Contribution, and that the Contributions published by him are not encumbered by third party rights. persons incompatible with the use of the Contributions within the Application

4.17 By entering the Contribution for publication within the Application, the User grants the Provider a non-exclusive, but temporally, regionally, personally or otherwise unlimited and transferable license to use the Contribution and handle the content of the Contribution and its individual components within the Application, free of charge. Within the scope of the license, the Provider is especially entitled to further publish and disseminate the Contributions and to further deal with them within the Application.

4.18 The license granted by the User to the Contribution does not expire either by deleting the Contribution by the User or by suspending or deleting the Account.

4.19 In the event that the User's rights to the Contribution do not allow the granting of a license to the extent provided in this Article, it applies that the license is granted to the Provider to the widest possible extent to which the User would be entitled. In such a case, the User is obliged to notify the Provider of the relevant restrictions of the granted license and is liable to the Provider for all damages incurred by the Provider as a result of the license not being granted to the extent anticipated by the Provider.

4.20 The User may not in any way interfere with the rights of other persons to the Contributions published within the Application, especially the Provider's rights to data uploaded to the Application, this data or part thereof may not be further disseminated or otherwise made available to third parties without the express consent of the Provider or other authorized executor. . For these purposes, the Provider's consent must also contain an explicit indication of the specific data to which the consent is linked and the conditions for granting the consent 

5. Contractual limitation of damages

5.1 The data contained in the Application is for information purposes only. The Provider is in no way responsible for any damages, economic or other, that may occur to the User over time.

5.2 The User is not entitled to any compensation for property or non-property damage caused in connection with the Application.

6. Dispute resolution

6.1 All legal relations between the Provider and the User are governed by the laws of the Czech Republic.

6.2 All disputes between the Provider and the User will, if possible, be resolved by mutual agreement. If the User is also a consumer and if a consumer dispute arises between such User and the Provider, which cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court settlement of such a dispute to a designated out-of-court settlement of consumer disputes, the Czech Trade Inspection Authority. If the User is not also a consumer and the mutual dispute cannot be resolved by agreement, the court of the Czech Republic will have jurisdiction to resolve such mutual disputes, the territorial jurisdiction of which will be determined according to the Provider's registered office.

6.3 The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: http://www.coi.cz, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract.

7. Final provisions

7.1 This Contractual Agreement is valid as stated on the Provider's website www.mapnpaw.com, on the day of setting up the User's account with the Provider.

7.2 This Contractual Agreement, as well as the rights and obligations arising on the basis of this Agreement or in connection with it, are governed by Act No. 121/2000 Coll., On Copyright, on Rights Related to Copyright and on Amendments to Certain Acts (Copyright Act) , as amended and the Civil Code as amended and effective.

7.3 The Contractual Agreement is concluded for an indefinite period and terminates by cancellation of the Account, termination of the User or the Provider without a legal successor.

7.4 If any part of this Contractual Agreement is invalid, it does not affect the validity of other provisions of this Contractual Agreement, the contractual relations not regulated by this Contractual Agreement shall be governed by the relevant provisions of the Civil Code. The contracting parties expressly exclude the provisions of § 557 of the Civil Code.

7.5 The Provider may unilaterally change or supplement the wording of this Contractual Agreement. The Provider informs the User about the change of the Contractual Agreement on the website of the Application. The conditions take effect at the time of their publication.

7.6 The User has the right to reject such a change in the Contractual Agreement in writing and cancel his Account. Otherwise, the User is deemed to agree with the new Contractual Agreement.

7.7 According to such amended Contractual Agreement, legal relations established before the date of entry into force of the new Contractual Agreement shall also be governed, but the creation of rights and obligations that occurred before the date of entry into force of amendments to the Contractual Agreement shall be assessed according to the existing Contractual Agreement.

7.8 This Contractual Agreement is valid from 1.9.2020.

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