Tuesday, October 17, 2017

TERMS AND CONDITIONS OF USE

1) The present website (http://www.sboing.net) is a property of the company SBOING™ (hereinafter, COMPANY), which offers through it its services under the following terms and conditions of use. The COMPANY is a new GPS technology based navigation operator, which leverages upon patented technological innovation that is used to compute routes based on the actual speeds recorded in the streets, as opposed to estimating the speed using only the speed limit, a method used by almost all of today’s commercial GPS-navigators. Thus, the COMPANY’S products/services enable accuracy in the assessment of time needed to cover routes in consideration of daily actual traffic. The customers of the COMPANY and the users/visitors of this website’s pages should read carefully the terms and conditions of use and the data protection (privacy) policy before they proceed to visit/use the COMPANY’S website and leverage on the COMPANY’S products/services. Visiting/using this website implies the unreserved and unconditional acceptance of the aforesaid and described hereto terms and conditions of use and data protection (privacy) policy.

2) Unless it is otherwise explicitly stated by the COMPANY, these terms and conditions of use shall govern all the COMPANY’S relations to its customers and licensees including, but not limited to separately or bundled Internet-based GPS-services or location based services, data services, real time information services such as traffic information and weather forecasts, or the provision of other data, information, (third party) functionality or content, whether offered to customers or licensees on a subscription basis or on a pre-paid basis or on an “Sboing Credit Units” basis, and delivered in one or more parts.

3) The COMPANY provides its customers or licensees with subscription-based GPS-navigation services through applications via the Internet and cellular phone network applications by putting together the most up-to-date pieces of the world map tagged with time variant road data and other attributes, by properly integrating user contributions (uploaded user traces) from all over the world. The provision of said GPS-navigation services requires that customers or licensees subscribe to them using their own GPS-enabled devices either through cellular phone networks or through the Internet. By subscribing to the COMPANY’S navigation services the customer or licensee gets an SBOING™ navigator with basic functionality and a basic set (OSM-based) of world maps for free. For more advanced navigators and more updated SBOING™ maps, the customer or licensee may exchange them with SBOING Credit Units (the “SCU currency”). The SCU currency represents COMPANY’S credit units granted by the COMPANY to its customers either in exchange of their uploaded traces or in exchange of money in case customers don’t want to upload traces.
The SBOING™ works in 5 easy for the customer or licensee to take steps:

  1. Get a free SBOING™ trace-logger for the customer or licensee’s navigator;
  2. Collect traces, while driving around;
  3. Upload customer or licensee’s traces and earn credit (“Sboing Credit Units”, or SCU);
  4. Exchange the accumulated credit (or buy SCU) with updated maps;
  5. Use free SBOING™ navigation software to read the advanced SBOING™ maps and take advantage of the more accurate SBOING™ routing!

4) The COMPANY’S methodology for its GPS-based navigation services works like this: Free SBOING™ data logging software is available to download and run on the customer or licensee’s navigation device; this software is used to record SBOING™ traces, while driving. Periodicly, (e.g. once a month or whenever the GPS-device’s memory card runs out of space), the customer or licensee uploads the collected traces to the SBOING™ website. The uploading and transfer of said tracing data is performed anonymously and encrypted, ensuring the customer or licensee’s privacy (see the COMPANY’S data protection (privacy) policy). The COMPANY’S backend servers apply statistical post-processing algorithms to minimize the probability of incorporating false data reports by malicious users. Verified data is subsequently incorporated in a global map. Customers or licensees get credit for every trace they upoad, proportional to the trace size or they buy credit—the SCU—using their credit cards. At any time, customers or licensees may exchange accumulated credit for updated maps, by selecting the area and driving conditions they wish. The selected maps are then downloaded and incorporated into their GPS navigation devices, with free SBOING™ software.

5) The COMPANY’S methodology for its GPS-navigation services out-performs competing GPS-based navigation systems. Today’s maps and navigators associate static information about the time it takes to travel through a road segment, (usually about 80% of the speed limit). However, the COMPANY’S SBOING™ routing is based on multi-parametric (time-dependent, vehicle-dependent, weather-dependent, etc.) information for each road segment. Therefore, its routing function is more accurate as it can capture rush-hour congestion delays, different traffic conditions during a rainy day, a holiday, or after midnight. The COMPANY’S advanced versions contain more intelligent optimizations, too.

6) The COMPANY’S GPS-navigation services can run on another vendor’s navigation device and maps provided that the COMPANY’S customer or licensee downloads and runs an appropriate SBOING™ navigator software executable on his/her device, bypassing the existing navigator.

7) The intellectual/industrial property rights of the content (e.g. a few parts of software programs, information, data) and services offered through this website that have been uploaded or will be uploaded to this website by the COMPANY, are protected by the Greek, European and international law on intellectual/industrial property rights and belong exclusively to COMPANY or to their pertinent beneficiaries and licensors with which the COMPANY is associated; and they are available to their customers or licensees and/or visitors/users of this website for strictly personal (non-commercial and/or non-profit) use unless it is otherwise stated in the license used to make the content and services available to the public. The COMPANY’S SBOING™ service leverages on open source software, yet the COMPANY’S SBOING™ consists mainly of proprietary software applications which are offered as libraries, APIs or other software applications available upon request and which are licensed through the COMPANY’S software license agreement. Only a few parts of COMPANY’S software and upon its sole discretion become available via the Creative Commons: Attribution Noncommercial No-Derivative Works 3.0 (CC BY-NC-ND v.3.0 GR) license type that is available at http://creativecommons.org/licenses/by-nc-nd/3.0/deed.el. Wherever there is open source software in the COMPANY’S SBOING™ products/services it is explicitly stated as such thereto. All OpenStreetMap (OSM)-based (www.openstreetmap.org) COMPANY’S data is licensed under the Creative Commons: Attribution Share-Alike 2.0 (CC BY-SA v.2.0.) generic license type, that is available at the URL http://creativecommons.org/licenses/by-sa/2.0/ and grants the data user with the rights to copy, distribute, and transmit the data, as well as to adapt the data on conditions that said data is attributed in the manner specified by the author/licensor (but not in any way that suggests that the author/licensor endorse the licensee or the licensee’s use of said data), as well as that in case of alteration, transformation, or building upon said data, distribution of the resulting work is allowed only under the same license to this CC BY-SA v.2.0., or a later version of this license with the same License Elements as this license; or a Creative Commons jurisdiction license (either the aforementioned one or a later license version) that contains the same License Elements as this license (e.g., Attribution-ShareAlike 3.0 GR); or a Creative Commons Compatible License. All other COMPANY’S tracing data and works are licensed under the Creative Commons: Attribution Noncommercial Share-Alike Works 3.0 (CC BY-NC-ND v.3.0 GR) license type, that is available at http://creativecommons.org/licenses/by-nc-sa/3.0/deed.el and grants the data or works user with the right to copy, distribute, adapt and transmit the data or works on conditions that said data is attributed in the manner specified by the author/licensor (but not in any way that suggests that the author/licensor endorse the licensee or the licensee’s use of said data or works). The licensee is not allowed to use the COMPANY’S data or works for commercial purposes, as well as that in case of alteration, transformation, or building upon said data or works, distribution of the resulting work is allowed only under the same license to this CC BY-NC-SA v.3.0 GR., or a later version of this license with the same License Elements as this license; or a Creative Commons jurisdiction license (either the aforementioned one or a later license version) that contains the same License Elements as this license (e.g., Attribution-Noncommercial, ShareAlike 3.0 GR); or a Creative Commons Compatible License.

8) The licensee is granted a licence to use the software and/or the data, information, (third party) functionality or other content provided through the COMPANY’S website as part of either software services or hardware products—the later, though they’re not offered currently, might be offered through the COMPANY and/or COMPANY’S network in the foreseeable future—for personal and private use only under the terms and conditions set out hereto and in consideration of the license terms of CC BY-NC-SA v.3.0 GR that is described above. The customer or licensee may install and use the software and content on one or more computers or devices at any time and in combination with a GPS-navigation system. The customer or licensee is not allowed to provide the software or content to others, directly or indirectly for their or anyone else’s use except for content that is set under the CC BY-NC-SA v.3.0 GR license. The CC BY-NC-SA v.3.0 GR license is non-exclusive which means that the COMPANY is free to license the software and content to other customers. The CC BY-NC-SA v.3.0 GR license includes the right to obtain future upgrades, updates or supplements to the software or content, unless the COMPANY has specifically indicated that obtaining such updates, upgrades or supplements is not an integral part of the service. If upgrades, updates or supplements to the software or content are obtained, the use of such upgrades, updates or supplements will be governed by these terms and conditions of use or such other terms and conditions as the customer or licensee will be asked to accept prior to the COMPANY supplying him/her with the relevant upgrade, update or supplement.

9) The COMPANY reserves the right, with or without notice, to discontinue update, upgrade and supplement services provided to its customers or licensees or made available to them through the use of the software or content, unless the provision of such updates, upgrades or supplements forms an integral part of the service as indicated by the COMPANY at any time.

10) Without prejudice to any other rights, the COMPANY may immediately terminate the CC BY-NC-SA v.3.0 GR license without notice of default being required if the customer or licensee failed to comply with any material term of these terms and conditions of use and/or license terms and clauses. In such event, the customer or licensee must destroy all copies of the software and all of its component parts as well as any content and will no more be allowed making any use of them including private use.

11) All rights not specifically granted in these terms and conditions of use are reserved by the COMPANY. The customer or licensee may

  1. make copies of the software solely for backup or archival purposes;
  2. transfer the software to any proper medium provided the original is kept solely for backup or archival purposes.
  3. Product manual(s) or written materials may not be copied, except for private use and in consideration of the terms and clauses of the CC BY-NC-SA v.3.0 GR license.
  4. The customer or licensee does not acquire ownership of the software or content.

12) The customer or licensee of the COMPANY’S services and/or products acknowledges and agrees that said services and/or products were developed at considerable time and expense by the COMPANY and are aimed to be treated as intellectual/industrial property assets of the COMPANY and/or other affiliated and/or associated to the COMPANY third parties. Thus, the customer or licensee of the COMPANY’S services and/or products undertakes the obligation to maintain them in strict confidence and in proper care.

13) The names, images, logos and distinctive features representing the COMPANY or any third parties along with their products and services, are the COMPANY’S or said third parties’ exclusive marks, protected by the relevant laws concerning trademarks or other industrial property assets. Their appearance on this website should in no way be deemed as a license transfer or concession or a right of use concession. Apart from expressly cited exceptions, all the content of the present website, including images, graphics, photographs, drawings, texts, of the services provided and in general all the files of this website are the intellectual/industrial property, the distinctive features and the registered marks and marks of the COMPANY’S services and are protected by the relevant provisions of the Greek law, and the applicable European law and the international conventions and treaties. Therefore, none of these shall constitute, in whole or in part, an object of sale, copying, modification, reproduction, re-publication or shall be downloaded, transmitted or distributed in any way whatsoever unless it is explicitly permitted through the proper licensing. The customers or licensees and/or visitors/users of the COPMANY’S website understand and accept that they are not granted the right to sell, resell and/or commercially exploit, directly or indirectly, in any way whatsoever, in whole or in part, to alter, transform, or build upon the content of the present website, and therefore any modification, resale, creation of a derivative product or misleading to the public as regards to the real provider of this website’s content, is prohibited. Any reproduction, re-edition, uploading, announcement, propagation or re-transmission or any other use of the content, in any way or means whatsoever, for commercial purpose is permitted only after a previous written authorization granted by the COMPANY or any other right-holder of their intellectual/industrial property rights.

14) The COMPANY takes every effort so that the content and information displayed each time on this website are as accurate and true as possible, though the COMPANY assumes no legal responsibility for their reliability, completeness or renewal. The COMPANY provides the content (e.g. software, information, names, photographs, images, etc), the products and services available via the website "EXACTLY AS THEY ARE", without any kind of representation, authorization or written guarantee, expressed or implied, whereas it goes without saying that the satisfactory quality, suitability, inviolability of compatibility, security and accuracy are aimed by the COPMANY with its best effort. In order to make a claim or inform the COMPANY of a defect, the customer or licensee must contact the COMPANY by email through the COMPANY’S website “Contact Sboing” form in order to explain the defect.

15) By no means the COMPANY shall be liable for any claims of legal, civil and/or penal nature, not even for any damage (direct, special or indirect, which not exhaustively but indicatively, disjunctively and/or cumulatively constitutes a loss of earning, data, indirect loss of earning, monetary satisfaction etc.) from customers or licensees and/or visitors/users of this website or third parties on grounds related or not to the operation and/or the use of this website and/or to failure to provide services and/or information made available by it and/or any non-permitted third party interventions to products and/or services and/or information made available through this website.

16) Advertisements of any form are included or are likely to be included in the future at the COMPANY’S website. The existing as well as any new services, including promotional services, to be included in the COMPANY’S website is subject to these terms and conditions of use and data protection (privacy) policy and/or the terms and conditions of use and data protection policy effective by the time of endorsement of said new services, unless it is otherwise and expressly indicated thereto.

17) The customers or licensees and/or visitors/users are responsible for access to the services of the COMPANY’S website whereas the respective access may imply the payment of fees to third entities (e.g. internet service providers, mobile phone operators, charging for Internet or mobile phone network access time). The customers or licensees and/or visitors/users are solely responsible for the payment of the relevant fees to these services offered by third parties. Moreover, the customers or licensees and/or visitors/users are exclusively responsible as regards to their personal equipment and the necessary technological means permitting them access to the services of the COMPANY’S website.

18) The use of the COMPANY’S website is meant exclusively for lawful purposes, and in such a way that third party access is not restricted or hindered. The customers or licensees and/or visitors/users should use the COMPANY’S website in compliance with the law, the good morals and the present terms and conditions of use. The customers or licenses and/or visitors/users should not commit any acts or omissions likely to cause damage or malfunction to this website, adversely affect or jeopardize the COMPANY’S service provision through this website or in any other means of service.

19) The present website could possibly include links to third parties’ websites, for which the COMPANY disclaims any responsibility in respect of the content of these websites and for any damage that may be caused by or could be attributed to their use, since the COMPANY’S customers or licensees and/or visitors/users of this website gain access to them in their own responsibility and at their own peril. It is not the COMPANY’S duty to verify the availability, the content, the personal data protection policy, the quality and the completeness of services in other websites and pages referred to via the COMPANY’S website links, hyperlinks or advertising banners. Therefore, for any problem arising during their visit/use, the COMPANY’S customers or licensees and/or visitors/users of this website should address their claims directly to the relevant websites and pages’ responsible individuals or entities, the legal right-holder of which bears the entire responsibility relevant to their content and services provided therein. The COMPANY in no case should be deemed as adopting or accepting the content or the services of the websites and pages referred to in the COMPANY’S website links or related to them in any other way whatsoever.

20) The COMPANY makes every possible effort for the good operation of its network including this website. The COMPANY reserves the right to modify, add, change the content or the services of the website as well as the terms and conditions of use of it and the privacy statement therein, at any time that this change is deemed necessary and without any prior notice to its customers or licensees and/or visitors/users of this website, with the sole relevant announcement of these posted on the content of this website.

21) Given the nature and the volume of the Internet, under any conditions, including negligence, the COMPANY assumes no legal liability for any form of damage suffered by the customers or licensees and/or visitors/users of the COMPANY’S website, services, options and content of the present website that is licensed or visited/used. To the utmost degree of compliance with the law, the COMPANY disclaims all and any guarantees expressed or implied, including, but not limited to, those implying the tradability and the suitability of its website or its hosting servers for a specific purpose.

22) The COMPANY is not liable for any force majeure event that might hinder the delivery of its services and/or products to its customers or licensees. Force majeure means circumstances that impede the fulfilment of the COMPANY’S obligations under these terms and conditions of use which are not within the COMPANY’S reasonable control, including late and/or delayed deliveries and incomplete deliveries caused by circumstances beyond the COMPANY’S reasonable control. In a force majeure situation all of the COMPANY’S obligations shall be suspended. Should the period in which the COMPANY cannot fulfil its obligations as a result of force majeure continue for longer than thirty (30) calendar days, both parties, i.e. the COMPANY and the customer or licensee shall be entitled to dissolve any agreement between them, written or implied, without there being an obligation for any compensation whatsoever arising out of or in connection with that dissolution.

23) The present text constitutes a comprehensive agreement between the COMPANY and its website’s visitors/users and/or COMPANY’S customers or licensees regarding this website’s content and services offered through it and the aforesaid agreement is binding them. No amendment of these terms and conditions of use should be taken into account and be a part of this agreement if it is not expressed in print and is integrated into this website.

24) The aforesaid terms and conditions for the use of the COMPANY’S website, including any modification thereof, are governed and supplemented by the Greek law and the internalized and harmonized in the Greek legal system European Community law and the relevant international conventions and treaties. If any provision of the terms and conditions of use turns to run contrary to the law, it ceases to have an effect in its own right and it is removed from the present terms and conditions of use, without prejudice to the remainder of the terms in any case. If any provision of these terms and conditions of use is deemed to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. The customer or licensee and the COMPANY are deemed to have agreed to new terms and conditions in substitution for such invalid provisions whenever they appear onto this website. These new terms and conditions shall be interpreted, as regards to their contents and effect, as closely as possible to the original text as written but in such a way that rights can indeed be derived from them.

25) Unless is otherwise stated hereto, the terms and conditions of use for COMPANY’S website are effective immediately in their totality, and are accepted by the COMPANY’S customers or licensees and/or visitors/users of the COMPANY’S website in their totality and without any expressed or inferred restrain, depreciation, opposition and negation.

 

 
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