Terms of Use

Last updated April 2019

These Terms of Use apply to the use of the Soulpicks App (hereafter: ‘App’), including all content, databases, and designs. The owner and publisher of the App is Soulpicks B.V., located at Rokin 75, 1012KL Amsterdam, the Netherlands, registered with trade register number 70628475. By using the App, you agree to the terms and conditions set out in this document. If you do not agree to these Terms of Use, you should not use the App.

1 Use of the content in the App

1.1 Within the App users can search, store and share places they love (‘Soulpicks’) as well as discover new places shared by other users. Most information about these places comes from other users or third parties (e.g., Google). We are not responsible for the information of other users and third parties.

1.2 The information made available throughout the App is provided on an ‘as is’ basis. We make no representation about the suitability or accuracy of the information, and we disclaim any and all warranties, including warranties regarding quality, fitness for a particular purpose and non-infringement of third-party rights.

1.3 You may use the App solely for lawful and personal purposes. In this respect, you are not entitled to infringe any third-party’s copyright, trademark, trade secret, other proprietary rights or privacy rights. You will indemnify us and hold us harmless against any and all third-party claims, proceedings and costs, incurred by us and resulting from your violation of these Terms of Use, the applicable law and the rights of any third parties.

By using the App, you are bound by Google’s Terms of Service. Furthermore, within the App, you can use the functionalities of Google Maps. Your use of Google Maps is subject to the then-current Google Maps/Google Earth Additional Terms of Service athttps://maps.google.com/help/terms_maps.htmland the Google Privacy Policy athttps://www.google.com/policies/privacy/.

2 Personal data

We are fully committed to the privacy and security of your data. We process your data in accordance with ourPrivacy Policy.

2.2 You acknowledge and agree that by using the App, you may view or receive personal data of other users. You will at all times take all reasonable steps to protect and keep their data confidential and only use their data for your use of the App.

3 Intellectual property rights

3.1 The title and ownership of intellectual property rights of the App remain and shall remain with Soulpicks B.V. We grant you a non-exclusive, limited, revocable and non-transferrable license to download and use the App (and the content within the App) solely for your personal use and with due regard of the following limitations: You are not entitled to: (i) Copy, reproduce, assign, sub-license, disclose or otherwise make the App and any parts thereof (including, for example, the content) available to third parties; (ii) Modify, adapt and/or create derivative works based on the App or any part thereof; (iii) Delete or alter any trademark, trade name, logo, copyright notice, notice of reservation of rights, or limitation or exclusion of liability included in the App.

3.2 You agree that any unauthorized use of the App and content is a violation of this Terms of Use as well as a violation of intellectual property laws, including without limitation copyright laws and trademark laws.

3.3 By uploading content (such as photos, texts or other personal matters) to the App, you grant us the right to use this content within the App, for your personal use and depending on your privacy settings also to display to other users. We are entitled to remove your content if other users report it, and we find that the content is unlawful, may cause problems or otherwise violates any law or our policies.

4 Limitation of liability

4.1 Although we take the utmost care of the App, we cannot guarantee that there will be no errors, defects, bugs or other imperfections, including incomplete or incorrect content. The use of the App and the content is entirely at your own risk. We are never liable for any damage resulting from the use of the App (including the use of the content uploaded to the App).

5 General

5.1 Over time these Terms of Use will be revised. We shall inform you of these revisions within the App. Your continued use of the App is deemed as irrevocable acceptance of those revisions.

5.2 The laws of the Netherlands govern these Terms of Use. All disputes that may arise under or in relation with the App and these Terms of Use shall exclusively be submitted to the competent court in Amsterdam, the Netherlands.