General terms of use of the services mobile app
1. CONTRACTUAL RELATIONSHIP
These Terms of Use ("Terms") govern the access or the usage by you, as an individual, regardless of the place and means of access, of applications, websites, content, products, and services (the "Services") made available to you by AUDIOGUIDE BULGARIA LTD, registered in The Bulgarian Business Register, maintained by the Registry Agency of the Ministry of Justice, with UIC 204808481, having its legal seat and address in Bulgaria, Sofia, 1407, 28 Korab Planina street.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES
By accessing and using the Services you agree to be bound by these Terms, which establishes a contractual relationship between you and AUDIO GUIDE BULGARIA. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements between you and AUDIO GUIDE BULGARIA. AUDIO GUIDE BULGARIA may terminate these Terms or any Services, as well as generally cease offering or denying access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such annexes will be disclosed to you in connection with the applicable Service(s). Supplemental terms shall be deemed a part of the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
AUDIO GUIDE BULGARIA may amend the Terms related to the Services periodically. Amendments will be effective upon AUDIO GUIDE BULGARIA’s publication of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such update will be perceived as your consent to be bound by the Terms.
You may not transfer your rights and obligations under these Terms without the prior written consent of AUDIO GUIDE BULGARIA. AUDIO GUIDE BULGARIA may transfer its rights and obligations under these Terms without your consent: (i) to its branch or representative office (ii) to a person who has acquired the property, business or assets of AUDIO GUIDE BULGARIA (iii) to a successor in the merger. Any alleged transfer in violation of this paragraph shall be void. No company, employment contract or representation arises between you, AUDIO GUIDE BULGARIA or any Service Provider as a result of your use of the Services. In the event that any provision of these Terms proves to be invalid or unenforceable, it shall be deemed invalid and the remaining provisions shall apply in full. If AUDIO GUIDE BULGARIA does not exercise its rights or provisions in the Terms, this does not constitute a waiver of such rights or provisions, unless expressly made in writing by AUDIO GUIDE BULGARIA.
The collection and use of personal information by us in connection with the Services is subject to the Privacy Policy, which can be found at https://www.audio-guide.bg/en/terms/
2. THE SERVICES
The AUDIO GUIDE BULGARIA App and Website provide means to enable you to obtain services offered by Third Party Providers (or "Service Provider"). In relation to Services, the Website and the AUDIO GUIDE BULGARIA App enable you to access the Services provided by AUDIO GUIDE BULGARIA described in Part 1 above.
The Services constitute a technology platform that enables users of AUDIO GUIDE BULGARIA 's mobile applications or website to use services, provided by UPASS or third party providers and may include:
• Selling audio guide records for various routes and itineraries
• News and current information about a town or resort, events, attractions, guided tours, businesses, tourist and cultural landmarks, points of interest, deals;
• Location and directions for tourist attractions, administrative buildings, business centers, etc.;
• Other services for end users
Unless otherwise agreed by AUDIO GUIDE BULGARIA in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
TYPES OF SERVICES
The AUDIO GUIDE BULGARIA platform, via an application or website provides the following services for end users:
1. Slider/Top news – basic news and current information about a certain town or resort. The information may be provided by third parties (media, news agencies, journalists), business companies and persons that are not in any way linked with AUDIO GUIDE BULGARIA. AUDIO GUIDE BULGARIA bears no responsibility for the reliability or legal compliance of such third parties. If you find any such material violates the law or ethics or presents untrue information, you may signal us at manager@audio-guide.bg
2. Top events, Popular Attractions, Hot Deals, AUDIO GUIDE BULGARIA recommends – opportunity for its users to buy audio records in different languages, considering various events, tours and attractions.
3. Interactive map – location and directions for tourist attractions, administrative buildings, business centers, stores, etc. The information in the map is provided to us by owners or managers of businesses. AUDIO GUIDE BULGARIA makes reasonable effort to keep the information up-to-date, but cannot check every entry and bears no responsibility for the information’s accuracy. In the event you notice any discrepancies, you may signal them at manager@audio-guide.bg
4. City – information channel for a specific town or resort, which includes the following sections:
4.1. All important news about a certain town or resort, including changes in the regulations and general terms of trade deals, works on the infrastructure, traffic information, upcoming events, promotional terms for buying tickets, etc. The information may be provided by third parties (media, news agencies, journalists), business companies or persons that are not in any way linked with AUDIO GUIDE BULGARIA. AUDIO GUIDE BULGARIA bears no responsibility for the reliability or legal compliance of such third parties. If you find any such material violates the law or ethics or presents untrue information, you may signal us at manager@audio-guide.bg
4.2. For the city – presents information for the town/resort, history and landmarks, infrastructure, administrative centers and development;
4.3. POI – includes interesting places to visit in and around the town/resort;
4.4. Emergency – offers information about emergency numbers and diplomatic offices of different countries;
4.5.Business – offers information for private companies that offer deals and/or are advertised inAUDIO GUIDE BULGARIA and around the town/resort.
5. AUDIO GUIDE BULGARIA offers each user the option to buy audio records in different languages, tours and attractions in the resort, the city and the surrounding towns after completing the necessary steps for reservation, choice of different categories and prices, offered by the Service provider and making an online payment. The app can generate electronic tickets and/or vouchers in the user’s profile. For added convenience, the electronic tickets and/or vouchers will also be sent to the email address provided by the user after processing the payment.
AUDIO GUIDE BULGARIA shall bear no responsibility for incorrect email data, provided by the user or in the event the user cannot access their email inbox. The personal data shall be processed according to the requirements of the European and Bulgarian legislation.
LICENSE
Subject to your compliance with these Terms, AUDIO GUIDE BULGARIA grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by AUDIO GUIDE BULGARIA and AUDIO GUIDE BULGARIA's licensors.
RESTRICTIONS
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by AUDIO GUIDE BULGAIRA; (iii) decompile, reverse engineer or disassemble the Services; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
THIRD PARTY SERVICES AND CONTENT
The Services may be made available or accessed in connection with third party services and content (including advertising) that AUDIO GUIDE BULGARIA does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. AUDIO GUIDE BULGARIA does not endorse such third party services and content and in no event shall AUDIO GUIDE BULGARIA be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited may be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your use of these devices to access the Services is subject to the applicable third party beneficiary's terms of service.
Using the Services is also subject to the applicable laws and regulations of the specific town and/or resort.
OWNERSHIP
The Services and all rights therein are and shall remain AUDIO GUIDE BULGARIA's property or the property of AUDIO GUIDE BULGARIA's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner AUDIO GUIDE BULGARIA's company names, logos, product and service names, trademarks or services marks or those of AUDIO GUIDE BULGARIA's licensors.
3. YOUR USE OF THE SERVICES
USER ACCOUNTS
By using the AUDIO GUIDE BULGARIA App and/or the Services, you enter into a contract with AUDIO GUIDE BULGARIA (the "Contract"). In order to be able to use the AUDIO GUIDE BULGARIA App or the Services, you first need to set up your personal account. In order to do so, you must first provide AUDIO GUIDE BULGARIA with your personal information, mobile telephone number and payment card data. Upon successful completion of your signing up with AUDIO GUIDE BULGARIA, AUDIO GUIDE BULGARIA will provide you with a personal account, accessible for you with a password of your choice.
To use the Services, you must register for and maintain an active personal user account ("Account"). In order to create an account, you must be at least 18 years old. Some services may require the age of legal majority in your jurisdiction (if different than 18) and your ability to enter into contracts must not be legally restricted in your jurisdiction in order to use them. Account registration requires you to submit certain personal information to of AUDIO GUIDE BULGARIA, including your name, address, mobile phone number and age, as well as at least one valid payment method (either a payment card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or of AUDIO GUIDE BULGARIA’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by of AUDIO GUIDE BULGARIA in writing, you may only possess one Account.
USER REQUIREMENTS AND CONDUCT
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
TEXT MESSAGING
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services.
PROMOTIONAL CODES
AUDIO GUIDE BULGARIA may, at AUDIO GUIDE BULGARIA’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that AUDIO GUIDE BULGARIA establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by AUDIO GUIDE BULGARIA; (iii) may be disabled by AUDIO GUIDE BULGARIA at any time for any reason without liability to AUDIO GUIDE BULGARIA; (iv) may only be used pursuant to the specific terms that AUDIO GUIDE BULGARIA establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. AUDIO GUIDE BULGARIA reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that AUDIO GUIDE BULGARIA determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
USER PROVIDED CONTENT
AUDIO GUIDE BULGARIA may, at AUDIO GUIDE BULGARIA’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to AUDIO GUIDE BULGARIA through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content created by you remains your property. However, by providing User Content to AUDIO GUIDE BULGARIA, you grant AUDIO GUIDE BULGARIA a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, transmit, retransmit, make available and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and AUDIO GUIDE BULGARIA’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant AUDIO GUIDE BULGARIA the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor AUDIO GUIDE BULGARIA 's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by AUDIO GUIDE BULGARIA in its sole discretion, or subject to intellectual property rights of any third person whether or not such material may be protected by law. AUDIO GUIDE BULGARIA may, but shall not be obligated to, review, monitor, or remove User Content, at AUDIO GUIDE BULGARIA 's sole discretion and at any time and for any reason, without notice to you.
NETWORK ACCESS AND DEVICES
Using the Services, provided by AUDIO GUIDE BULGARIA requires a constant internet connection. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. AUDIO GUIDE BULGARIA does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
4. PAYMENT
The use of the AUDIO GUIDE BULGARIA App and the Services is free of charge. AUDIO GUIDE BULGARIA reserves the right to introduce a fee for the use of the AUDIO GUIDE BULGARIA App and/or the Services. If AUDIO GUIDE BULGARIA decides to introduce such a fee, AUDIO GUIDE BULGARIA shall inform you accordingly and allow you either to continue or terminate the Contract, at your option.
The rates that apply for the services are determined by the Service Provider. These rates can be found on the Website and through the AUDIO GUIDE BULGARIA App. These may be modified or updated by AUDIO GUIDE BULGARIA from time to time. It is your own responsibility to remain informed about the current rates for the services.
You will make payment to AUDIO GUIDE BULGARIA, acting as agent for the Service Provider, in respect of the services provided to you by the Service Provider. You agree that you will pay for all services you purchase from the Service Provider, and that AUDIO GUIDE BULGARIA may charge your payment card account (as provided by you when registering for the Services) for the services (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing AUDIO GUIDE BULGARIA with a valid payment card account for payment of all fees at all times.
AUDIO GUIDE BULGARIA uses a third-party payment processor (the "Payment Processor") to link your payment card account to the AUDIO GUIDE BULGARIA platform and the Services. The processing of payments or credits, as applicable, in connection with your use of the AUDIO GUIDE BULGARIA platform and Services will be subject to the terms, conditions and privacy policies of the Payment Processor and your payment card issuer in addition to these User Terms. If the amount paid by card shall be refunded, the amount will be refunded solely on the card it was paid with. AUDIO GUIDE BULGARIA is not responsible for any errors by the Payment Processor. In connection with your use of the Services, AUDIO GUIDE BULGARIA will obtain certain transaction details, which AUDIO GUIDE BULGARIA will use solely in accordance with its Privacy and Cookie Notice.
AUDIO GUIDE BULGARIA reserves the right to establish, remove and/or revise Charges for any or all Services at any time in AUDIO GUIDE BULGARIA’s sole discretion. AUDIO GUIDE BULGARIA will enact reasonable efforts to inform you of Charges that may apply at the time of your requesting of Services, provided that you will be responsible for any Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. AUDIO GUIDE BULGARIA may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
You have the right to annul, whitout applying additional charges, the contract 24 /twenty-four/ hours prior to the chosen date on which you were expected to use the Service. In case you opt for annulment you have to inform AUDIO GUIDE BULGARIA and the services provider 24 hours before the intended date of your tour or purchased service by explicit written declaration sent to manager@audio-guide.bg. In case you exercise your right of annulment AUDIO GUIDE BULGARIA is obliged to reimburse the amounts paid no later than 14 calendar days after your act of annulment of the contract. The bank and AUDIO GUIDE BULGARIA do not collect additional taxes and costs in case of a reimbursement due to annulment. Additional taxes and costs is related to your contract conditions between you and your card issuance authority.
By accepting the present general conditions you declare that you are aware of the lack of the right of refusal of services which have been delivered or which have been in progress of delivering by your previous consent and confirmation that you are informed of losing your right of refusal after the contract is fully performed by the service provider and as envisaged in the law on protection of customers.
AUDIO GUIDE BULGARIA uses the services of First Investment Bank (FIB) for the processing of payments. FIB is a bank, registered in Bulgaria and subject to Bulgarian and EU Law. AUDIO GUIDE BULGARIA does not store any data for your bank cards or accounts and cannot access such data. By filling this data in, you provide it directly to FIB. You may find FIB’s Terms of service and Privacy Policy on FIB’s website (www.fibank.bg).
5. DISCLAIMERS; LIMITATION OF LIABILITY
AUDIO GUIDE BULGARIA is not responsible for the information provided by third parties to the AUDIO GUIDE BULGARIA Application. You agree that you bear the risk of using the information, or any services or goods ordered in this regard.
AUDIO GUIDE BULGARIA guarantees the quality of its services only, in particular audio recordings in different languages.
AUDIO GUIDE BULGARIA will not be liable to you in connection with omissions by its employees, agents or sub-contractors, whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence), misrepresentation, breach of statutory duty, restitution or otherwise.
AUDIO GUIDE BULGARIA shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services, even if AUDIO GUIDE BULGARIA has been advised of the possibility of such damages.
The limitations and disclaimer in this section 5 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
6. DISPUTE RESOLUTION
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by the Bulgarian courts, in accordance with the applicable legislation of the Republic of Bulgaria, including as regards to the specific court’s jurisdiction over a certain Dispute.
LICENSE GRANT, RESTRICTIONS AND COPYRIGHT POLICY
For the purpose of this section, the following definitions apply:
"Content" means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the AUDIO GUIDE BULGARIA App), opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials.
“AUDIO GUIDE BULGARIA Content" means Content owned or used by AUDIO GUIDE BULGARIA, its affiliates or licensors and made available through the Website, the Services or the AUDIO GUIDE BULGARIA App, including any Content licensed from a third party, but excluding User Content.
"User" means a person who accesses or uses the Services or the AUDIO GUIDE BULGARIA App and AUDIO GUIDE BULGARIA website – www.audio-guide.bg
"User Content" means Content that a User posts, uploads, publishes, submits or transmits to be made available on the Website or through the Services or the AUDIO GUIDE BULGARIA App.
"Collective Content" means, collectively, AUDIO GUIDE BULGARIA Content and User Content.
Subject to your compliance with these User Terms, AUDIO GUIDE BULGARIA grants you a limited, non-exclusive, non-transferable license: to view, download and print any AUDIO GUIDE BULGARIA Content solely for your personal and non-commercial purposes; and to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, retransmit, stream, broadcast, make available or otherwise exploit the Website, the Services, the AUDIO GUIDE BULGARIA App or Collective Content, except as expressly permitted by these User Terms. You may not reuse any Collective Content without first obtaining the written consent of AUDIO GUIDE BULGARIA. No licenses or rights are granted to you by implication or otherwise to use any intellectual property owned or controlled by AUDIO GUIDE BULGARIA or its licensors, except for the licenses and rights expressly granted in these User Terms.
LICENSE GRANTED BY USER
AUDIO GUIDE BULGARIA may, in its sole discretion, permit Users to post, upload, publish, submit or transmit User Content on the Website and in social media – Facebook, Instagram, LinkedIn and Twitter or through the Services or the AUDIO GUIDE BULGARIA App. User Content will be deemed non-confidential and non-proprietary. By providing User Content to AUDIO GUIDE BULGARIA, you grant AUDIO GUIDE BULGARIA a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, transmit, retransmit, make available and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and AUDIO GUIDE BULGARIA 's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You acknowledge that AUDIO GUIDE BULGARIA only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. AUDIO GUIDE BULGARIA shall not be continuously monitoring User Content published by you or moderating between Users, nor shall AUDIO GUIDE BULGARIA be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of AUDIO GUIDE BULGARIA.
Any use by you of the User Content is entirely at your own risk. You represent and declare that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personal rights and do not contain any defamatory or disparaging statements.
Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph.
You agree to indemnify and keep AUDIO GUIDE BULGARIA, its affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by AUDIO GUIDE BULGARIA or its affiliated companies related to any User Content posted or transmitted by you and/or any other use by you of the Website, the Services or the AUDIO GUIDE BULGARIA App.
AUDIO GUIDE BULGARIA reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which AUDIO GUIDE BULGARIA believes is not in accordance with these User Terms or any applicable laws (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to AUDIO GUIDE BULGARIA.
You agree promptly to notify AUDIO GUIDE BULGARIA in writing of any User Content which breaches these User Terms. You agree to provide to AUDIO GUIDE BULGARIA sufficient information to enable AUDIO GUIDE BULGARIA to investigate whether such User Content breaches these User Terms. AUDIO GUIDE BULGARIA agrees to make good faith efforts to investigate and shall take such action as AUDIO GUIDE BULGARIA in its sole discretion decisions. However, AUDIO GUIDE BULGARIA does not guarantee or represent that it will block or remove (the whole or in part) such user Content.
APPLICATION LICENSE
Subject to your compliance with these User Terms, AUDIO GUIDE BULGARIA grants you a limited non-exclusive, non-transferable license to download and install a copy of the AUDIO GUIDE BULGARIA App on a single mobile device that you own or control and to run such copy of the AUDIO GUIDE BULGARIA App solely for your own personal use. You shall not:
• license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the AUDIO GUIDE BULGARIA App in any way;
• modify or make derivative works based upon the Services or the AUDIO GUIDE BULGARIA App;
• create Internet "links" to the Services or "frame" or "mirror" any application on any other server or wireless or Internet-based device;
• reverse engineer or access the AUDIO GUIDE BULGARIA App in order to
• design or build a competitive product or service,
• design or build a product using similar ideas, features, functions or graphics to those of the Services and/or the AUDIO GUIDE BULGARIA App, or
• copy any ideas, features, functions or graphics of the Services and/or the AUDIO GUIDE BULGARIA App, or
• launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services or the AUDIO GUIDE BULGARIA App. You shall not:
• send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
• send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third-party privacy rights;
• send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
• interfere with or disrupt the integrity or performance of the Website, the AUDIO GUIDE BULGARIA App or the Services or the data contained therein; or
• attempt to gain unauthorized access to the Website, the AUDIO GUIDE BULGARIA App or the Services or their related systems or networks.
AUDIO GUIDE BULGARIA will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. AUDIO GUIDE BULGARIA may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that AUDIO GUIDE BULGARIA has no obligation to monitor your access to or use of the Website, Services, the AUDIO GUIDE BULGARIA App or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Website, the AUDIO GUIDE BULGARIA App and the Services, to ensure your compliance with these User Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. AUDIO GUIDE BULGARIA reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that AUDIO GUIDE BULGARIA, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Website, the Services or the AUDIO GUIDE BULGARIA App.
COPYRIGHT POLICY
AUDIO GUIDE BULGARIA respects copyright law and expects its users to do the same. It is AUDIO GUIDE BULGARIA’s policy to terminate in appropriate circumstances use of the AUDIO GUIDE BULGARIA App and the Services by Users or other account holders who (repeatedly) infringe or are believed to be (repeatedly) infringing the rights of copyright holders.
INTELLECTUAL PROPERTY OWNERSHIP
AUDIO GUIDE BULGARIA alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, the AUDIO GUIDE BULGARIA App and the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, the AUDIO GUIDE BULGARIA App or the Services.
These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the AUDIO GUIDE BULGARIA App or the Services, or any intellectual property rights owned by AUDIO GUIDE BULGARIA. AUDIO GUIDE BULGARIA’s name, logo, and the product names associated with the AUDIO GUIDE BULGARIA App and the Services are trademarks of AUDIO GUIDE BULGARIA, its affiliated companies or third parties, and no right or license is granted to use them.
APP STORE SOURCED APPLICATION
With respect to an AUDIO GUIDE BULGARIA App accessed through or downloaded from the Apple App Store ("App Store Sourced Application"), you will use the App Store Sourced Application only: on an Apple-branded product that runs iOS (Apple's proprietary operating system software); and as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. AUDIO GUIDE BULGARIA reserves all rights in and to the AUDIO GUIDE BULGARIA App not expressly granted to you under these User Terms. You acknowledge and agree that: these User Terms are valid between you and AUDIO GUIDE BULGARIA only, and not Apple, and AUDIO GUIDE BULGARIA, not Apple, is solely responsible for the App Store Sourced Application and content thereof. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will, where applicable, refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between AUDIO GUIDE BULGARIA and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of AUDIO GUIDE BULGARIA.
You and AUDIO GUIDE BULGARIA acknowledge that, as between AUDIO GUIDE BULGARIA and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to:
• product liability claims;
• any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and
• claims arising under consumer protection or similar legislation.
You and AUDIO GUIDE BULGARIA acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of an App Store Sourced Application infringes that third party's intellectual property rights, as between AUDIO GUIDE BULGARIA and Apple, AUDIO GUIDE BULGARIA, not Apple, will be solely responsible for the investigation, defense, settlement and/or discharge of any such intellectual property infringement claim to the extent required by this Agreement.
You and AUDIO GUIDE BULGARIA acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries in relation to your license of the App Store Sourced Application, and that, upon your acceptance of these User Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the rights under these User Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
Without limiting any provisions of these User Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
THIRD PARTY INTERACTIONS
During the use of the Website, the AUDIO GUIDE BULGARIA App and the Services, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods and/or services from, or participate in promotions of, third parties. These links take you off the Website, the AUDIO GUIDE BULGARIA App and the Services and are beyond AUDIO GUIDE BULGARIA’s control.
During use of the Website, the AUDIO GUIDE BULGARIA App and the Services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of, third party service providers, advertisers or sponsors showing their goods and/or services through a link on the Website or through the AUDIO GUIDE BULGARIA App or the Services. These links take you off the Website, the AUDIO GUIDE BULGARIA App and the Services and are beyond AUDIO GUIDE BULGARIA's control. The websites you can link to are likely to have their own terms and conditions including a privacy policy. AUDIO GUIDE BULGARIA is not responsible and cannot be held accountable for the content and activities of these websites or the terms and conditions relating thereto. You visit or access these websites entirely at your own risk.
Please note that such websites may send their own cookies to users, collect data and/or solicit personal information, and you are therefore advised to check the terms and conditions of use of such websites prior to using them.
TERM AND TERMINATION OF THE CONTRACT
This agreement, according to the the User Terms between AUDIO GUIDE BULGARIA and you shall (subject to this paragraph) subsist for an indefinite period.
You are entitled to terminate this agreement in respect of the User Terms at any time by permanent deletion of the AUDIO GUIDE BULGARIA App installed on your smartphone, thus disabling the use by you of the AUDIO GUIDE BULGARIA App and the Services. You can close your user account at any time by following the instructions in the AUDIO GUIDE BULGARIA app.
AUDIO GUIDE BULGARIA is entitled to terminate this agreement in respect of the User Terms at any time and with immediate effect (by disabling your use of the AUDIO GUIDE BULGARIA App and the Services) if you:
• violate or breach any term of these User Terms, or
• in the opinion of AUDIO GUIDE BULGARIA, misuse the AUDIO GUIDE BULGARIA App or the Services.
AUDIO GUIDE BULGARIA is not obliged to give you notice of such termination in advance. After termination AUDIO GUIDE BULGARIA will give notice thereof in accordance with these User Terms.
INVALIDITY OF ONE OR MORE PROVISIONS
The invalidity of any part of these User Terms shall not affect the validity of the other provisions of these User Terms.
MODIFICATION OF THE SERVICE AND USER TERMS
AUDIO GUIDE BULGARIA reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the Services or the AUDIO GUIDE BULGARIA App (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Services, the AUDIO GUIDE BULGARIA App or via email. AUDIO GUIDE BULGARIA may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
7. OTHER PROVISIONS
APPLICABLE LAW
These Terms are governed by and construed according to the laws of Republic of Bulgaria, without giving effect to any conflict of law principles.
CLAIMS OF COPYRIGHT INFRINGEMENT
Claims of copyright infringement should be sent to AUDIO GUIDE BULGARIA’s designated agent. Please visit AUDIO GUIDE BULGARIA's Website at www.audio-guide.bg for address and additional information.
NOTICE
AUDIO GUIDE BULGARIA may give notice by means of a general notice on the Services or the AUDIO GUIDE BULGARIA App, or by email to an email address previously supplied by you, or by written communication sent by regular mail to an address previously supplied by you.
CONTACTS
Users/Clients may contact AUDIO GUIDE BULGARIA for any questions or feedback regarding the Services at the following address:
Bulgaria, 1470 Sofia,
No 28 Korab Planina str.
Email: manager@audio-guide.bg
Phone: +359 888 975 886