Terms of Use

 

Effective: 18-09-2019

THIS APP IS NOT AN EARLY DETECTION SYSTEM. IT DOES NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS ADVICE AS TO WHAT AREAS OR PARTS OF A CITY OR A TOWN ARE SAFE.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS, BROWSE OR USE THE APP, AND SHOULD DISCONTINUE YOUR ACTIVITIES IMMEDIATELY. IF YOU ACCESS THE APP, YOU ARE AGREEING TO THESE TERMS.

Vedette Mobile App Terms and Conditions

THANK YOU FOR CHOOSING Vedette! PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE Vedette APP OFFERED BY Digital Capitán. THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE Vedette APPLICATION (THE “APPLICATION”) AND THE SERVICES, FEATURES, CONTENT, OR WIDGETS OFFERED BY Digital Capitán (COLLECTIVELY WITH THE APPLICATION, THE “SERVICE”).

1. GENERAL 

1.1. By installing the Application (as defined below), you agree to be bound by these terms of use (“app terms”). Please review them carefully before installation and/or acceptance.

2. DEFINITIONS 

The “Application” shall mean the software provided by Digital Capitán to offer services related to the Application.

3. DATA POLICY 

3.1 Any personal information you supply to Digital Capitán when using the Application will be used by Digital Capitán in accordance with its Privacy Policy which can be viewed here

3.2 The application may contain marker images and heatmap data overlays. Your use of this imagery and data is limited to the manner, form, format, and appearance as it is provided by the Application. You may not, nor may you allow others to, copy, distribute, display, alter, or otherwise use this data as it is provided to you through the Application. Digital Capitán reserves the sole right and discretion to determine whether your submission of data, photographic images or video footage through the Application is in conformance with this Section and also reserves the right to terminate or suspend your access to any such data or imagery at any time for any reason, without notice.

3.3 Data you provide using the Application will be used to help identify dangerous, unsafe and criminal activity in areas as well as to support research on criminal behaviour and concentration areas. You agree that the data is unrestricted in its use towards those ends including the use of the data by compliance and law enforcement agencies, conservation non-profit and research organizations and other 3rd parties Digital Capitán, at its sole discretion, deems appropriate. In accepting these terms of use, you agree that Digital Capitán reserves all rights to such use of this data on a perpetual basis, without limitation.

4. PROPRIETARY RIGHTS AND LICENCE 

4.1. All trademarks, copyright, database rights and other intellectual property rights of any nature in the Application together with the underlying software code are owned directly by Digital Capitá, except where separately agreed by Digital Capitán.

4.2. Digital Capitán hereby grants you a worldwide, non-exclusive, royalty-free revocable license to use the Application for your use in accordance with these app terms.

5. CONDITIONS OF USE 

5.1. You will not, nor allow third parties on your behalf to (i) make and distribute copies of the Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or (iii) create derivative works of the Application of any kind whatsoever.

5.2. The Application is currently made available to you free of charge for your personal, non-commercial use. Digital Capitán reserves the right to amend or withdraw the Application or charge for the application or service provided to you in accordance with these app terms, at any time and for any reason.

5.3. You acknowledge that the terms of agreement with your respective mobile network provider (‘Mobile Provider’) will continue to apply when using the Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.

5.4. If you are not the bill payer for the mobile telephone or handheld device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application.

5.5 IN NO EVENT SHALL Digital Capitán, HAVE ANY LIABILITY ARISING OUT OF ANY NAVIGATIONAL USE OF ANY OF THE PRODUCTS. Digital Capitán ARE NOT LIABLE FOR ANY INCORRECT DATA PROVIDED BY USERS OR OTHER DATA PROVIDERS SUPPLYING 3RD PARTY MAPS, CHARTS OR OTHER GEO-BASED DATUM. UNDER NO CIRCUMSTANCES SHALL Digital Capitán BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE APPLICATION

5.6 THE APPLICATION IS NOT INTENDED TO REPLACE POSTED SPEED AND SAFETY ZONES BY PUBLIC LAW ENFORCEMENT AGENCIES. YOU AGREE THAT THE APPLICATION WILL BE USED SOLELY AS AN INFORMATIONAL TOOL DESIGNED TO COMPLIMENT, NOT REPLACE SUCH POSTINGS BE THEY PHYSICAL SIGNS, POSTINGS ON GOVERNMENT AND LAW ENFORCEMENT WEBSITES OR OTHER ELECTRONIC MESSAGE FORMATS.

5.7 IT’S A CRIMINAL OFFENSE TO PROVIDE INFORMATION TO LAW ENFORCEMENT OFFICIALS AND AGENCIES THAT YOU KNOW IS INCORRECT, FALSE OR MISLEADING. UNDER NO CIRCUMSTANCES WILL YOU USE THE APPLICATION TO SUPPLY INCORRECT, FALSE OR MISLEADING INFORMATION. Digital Capitán RESERVES THE RIGHT TO TERMINATE YOUR USE OF THE APPLICATION AND REPORT YOU TO THE APPROPRIATE AUTHORITIES IN THE EVENT THAT YOU HAVE USED THE APPLICATION IN VIOLATION OF THIS SECTION.

5.8 Digital Capitán reserves the right to release subsequent versions of the Application. Digital Capitán may modify the Terms of Use at any time with or without notice, and if a modification is unacceptable to you, you may cancel the Application by removing or deleting the Application from your device. If you continue to use the Application, you will be deemed to have accepted the modifications.

6. TERMINATION 

6.1. Digital Capitán may terminate use of the Application at any time by giving notice of termination to you.

6.2. Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Software;

7. USER CONTENT

The Service allows all users of the Software to submit and post information and content to other users (“Content”). Content is separate from third party sponsored advertisements that may appear on the Service. Content can include, for example, descriptions, images and videos, etc of distressing and dangerous activities. You assume sole responsibility for any Content you post and you alone are liable for the consequences when you post Content.

8. FORBIDDEN POSTS

It is forbidden to submit Content of a commercial nature (including advertising), unless such posts pertain to Vedette, the Service, or Digital Capitán’s products, and such Content strictly complies with these Terms.

When you submit Content to be published by the Service, you must make sure it is lawful. For example, you may not submit Content that:

 

  • is diminishing or infringing proprietary rights of others, including but not limited to copyright and trade marks; poses a risk to a person’s
  • safety, security or health; identifies other persons without obtaining such person’s express written consent to the disclosure of their personal
  • information, or pertains to minors and identifies minors or their personal information, including their full name, age, address or contact information;
  • is unlawful, defamatory, libelous or invades the privacy of others; is harassing, offensive, threatening or vulgar; is characterized by, or that
  • encourages racism or unlawfully discriminates on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view or socio-economical class;
  • encourages criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit;
  • promotes pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law or under these Terms;
  • falsely expresses or implies that such content is sponsored or endorsed by Digital Capitán’s or Vedette.

The foregoing examples of unlawful Content are made solely for illustrative purposes and do not constitute an exhaustive list of restricted Content.

 

Vedette may decline to publish, or immediately delete any Content you submit if you or the Content have violated these Terms or if you engaged in a commission or omission that is harmful or may be harmful to the Service, its users, Vedette or any of its agents or affiliates. In such cases, Vedette may also terminate your access to the Service or prevent you from posting additional Content on the Service. The provisions of this clause are made in addition to any rights afforded to Vedette by any law.

9. RIGHTS IN CONTENT

When you submit Content to be published on the Service, you represent and warrant that you own all intellectual property rights in the Content; that you are permitted to publish the Content and to permit Vedette to publish the Content and exploit all intellectual property rights in and to the Content. Vedette receives no ownership rights in and to the Content that you submit. However, by submitting Content to Vedette, you hereby grant Vedette and the users of the Service an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sub-licenseable and transferable license to use, copy, distribute, prepare derivative works, display in public and publicly perform the Content. The license granted to Vedette in and to the Content you submit is not limited to personal use, but also extends to any commercial use of Content, at Vedette’s sole and absolute discretion. However, other users may only use your Content for non-commercial purposes, unless Vedette provides them with a prior written consent to use your Content for commercial purposes (for the purpose of which you authorize Digital Capitán to be your agent).

 

10. LIMITATION OF LIABILITY 

In summary, the disclaimer below states you cannot depend on this app with your life, you should not use it as your primary navigation tool, and it’s not the fault of the developers if you get hurt or lost. LEGAL DISCLAIMER: THIS APPLICATION IS INTENDED FOR ENTERTAINMENT AND EDUCATIONAL PURPOSES ONLY. DIGITAL CAPITAN DOESN’T MAKE ANY GUARANTEES, REPRESENTATIONS OR WARRANTIES RESPECTING THE RELIABILITY OF THIS APPLICATION OR ANY GPS DATA. THIS PRODUCT IS NOT SUBJECT TO REVIEW, OR TESTED, APPROVED OR CERTIFIED BY, ANY GOVERNMENT OR PRIVATE AGENCY FOR USE IN CONNECTION WITH (I) NAVIGATION OR AVIATION ACTIVITIES, (II) LIFE SAFETY ACTIVITIES, (III) MOTOR OR OTHER VEHICLES OR VESSELS OF ANY KIND, OR (IV) ANY OTHER PURPOSE OR USE. ANY USE OF THIS APPLICATION FOR ANYTHING OTHER THAN ENTERTAINMENT OR EDUCATIONAL PURPOSES, INCLUDING FOR ANY ACTIVITY IN WHICH THE USER’S HEALTH OR SAFETY IS POTENTIALLY AT RISK AND FOR WHICH THE ACCURACY OR RELIABILITY OF GPS DATA IS CRITICALLY REQUIRED, COULD RESULT IN DAMAGE TO PERSON OR PROPERTY, UP TO AND INCLUDING INJURY OR DEATH. DIGITAL CAPITAN SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY, INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL AND INCIDENTAL DAMAGES THAT MAY ARISE IN ANY WAY FROM THE USE OR RELIANCE ON THIS APPLICATION OR ANY RELATED DATA.

10.1. In no event will Digital Capitán be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the Application, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.

10.2. Digital Capitán is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.

10.3 YOU EXPRESSLY UNDERSTAND AND AGREE THAT Digital Capitán, THEIR SUBSIDIARIES AND AFFILIATES, AND Digital Capitán LICENSORS AND THEIR SUPPLIERS, WILL NOT BE LIABLE TO YOU FOR: ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS).

THE LIMITATIONS ON Digital Capitán’s LIABILITY TO YOU IN THESE TERMS WILL APPLY WHETHER OR NOT Digital Capitán, ITS SUBSIDIARIES, AFFILIATES, LICENSORS OR THEIR SUPPLIERS HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.

11. DISCLAIMER OF WARRANTIES To the maximum extent permitted by law, and for the avoidance of doubt, Digital Capitán hereby disclaims all implied warranties with regard to the Application. The Application and software are provided “as is” and “as available” without warranty of any kind.