Users of the Services offered by eNomad™ acknowledge and accept these terms and conditions.
Carrer Diputacio 107 - ENTLO 2
08015 - Barcelona
VAT Number: ESY0798145J
eNomad™ is a mobile application compatible with Android devices, whose primary purpose is to help digital nomads make decisions on where to relocate, based on the proximity of those service they choose/prefer to have closely.
By using the Services, you agree to comply with these Terms and Conditions, and with all applicable laws, regulations, and any third party rights (including and without limitation laws regarding intellectual property rights, privacy laws, and local laws). You will not use the Services to encourage or promote illegal activity or violation of third party rights.
Users are responsible for their own content and the content of third parties that they share through eNomad™, that they upload and post on or through eNomad™, or that they transfer by any other means. Users confirm that they have all the necessary consent from third parties whose data and/or content they share with the Owner or any other third party via eNomad™ and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service.
the Owner does not moderate the content provided by Users or by third parties but will act if complaints are received from Users or any other third party or if orders are issued by the public authorities regarding content deemed offensive or illegal.
The only rights granted to the Owner in relation to content provided by Users are those necessary to operate and maintain eNomad™.
By submitting, posting or displaying content on or through eNomad™, the User grants a non-exclusive, perpetual, irrevocable, sublicensable and royalty-free license without territorial limits to the Owner and/or any other third party providing the service, with the right to sublicense, use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any media or via any distribution methods currently available or developed later.
The Owner does not moderate the content or links provided by third parties before their publication on eNomad™. The Owner is not responsible for the content provided by third parties or for its availability.
Users may use third-party services or content included in eNomad™, but they must be aware of these third parties' terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.
Users are not required to register on eNomad™ but, if they want to access any content made available by Foursquare, they may be required to log into their Foursquare account by using their personal account credentials. Users are requested to keep such credentials confidential. Such credentials aren't made available to eNomad™ under any circumstances.
It is understood that eNomad™ shall not be held responsible under any circumstances in case of loss, disclosure, theft or unauthorized use by third parties, for whatever reason, of the User's access credentials.
the Owner reserves the right, in case of breach of the Terms by the User, to discontinue, totally or partially, the Service or some features of it at any time and without notice.
ENomad™ is built in the strictest compliance with the API terms of service of Google and Foursquare, available at the following links:
which are incorporated herein by reference together with any annexes or documents referred to therein and any applicable additional terms, if any.
However, eNomad™ is not endorsed, sponsored or certified by either Foursquare or Google and nothing herein contained shall constitute a partnership between or joint venture by eNomad™ and Foursquare or Google or constitute any party the agent of the others.
By using eNomad™, Users acknowledge and agree to be also bound by Google’s and Foursquare’s terms of service available at the following links:
which are both incorporated herein by reference together with any annexes or documents referred to therein.
Users are requested to read these terms carefully before using eNomad™.
The Service is provided by the Owner “as is”, with no express or implied warranty for accuracy or availability.
By using eNomad™ Users acknowledge and agree that their use of eNomad™ is at their sole risk. Location data provided may not be accurate.
The Owner reserves the right to add and remove functionalities or features as well as suspend or even discontinue the Service, either temporarily or permanently. In case of final discontinuation, the Owner will do the utmost to allow Users to withdraw their information held by the Owner.
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of eNomad™ and of its Service without the Owner’s express prior written permission, granted either directly or through a proper reselling program.
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer's fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.
Users may not:
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning eNomad™ are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning Google and/or Foursquare are, and remain, the exclusive property of such third parties or their licensors and are protected by the laws in force on trademarks and by related international treaties. eNomad™ does not own any of such intellectual property rights and is allowed to use and/or display them within the limits of and in compliance with the agreements entered into with such third parties.
Users declare themselves to be adult according to their applicable legislation. Under no circumstance may persons under the age of 14 use eNomad™.
The Owner, within the limits as currently set out by the applicable legislation, is liable for damage under contract and in tort to the Users or third parties only when such damage is the immediate and direct consequence, through willful misconduct or gross negligence, of the activity of eNomad™.
The User expressly releases and exempts the Owner from any liability, to the extent permitted by the applicable law, relating to possible damage or claims of any kind, including direct, indirect, punitive, incidental, special damages related to loss of profits, loss of revenues, loss of data or costs of substitution consequential or anyhow connected to the present agreement.
The Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice within eNomad™.
Users who continue to use eNomad™ after the publication of the changes accept the new Terms in their entirety.
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User's rights under the Terms are not affected.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.
All communications relating to eNomad™ must be sent using the contacts stated in this document.
These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices. An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.
The service provided by eNomad™ as described in these Terms and in eNomad™.
Any user of the Service, whether a human being or legal entity.
These Terms and Conditions, which constitute a legally binding agreement between the User and the Owner.
Means the company Google Inc. with registered office on 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States, including its subsidiaries and affiliates if they are relevant for the Terms.
Means the company Foursquare Labs, Inc. with registered office on 568 Broadway 10th Floor, New York, NY 10012, United States, including its subsidiaries and affiliates if they are relevant for the Terms.
The hardware or software tool by which the service is provided by the Owner.
The legal entity or individual that owns eNomad™ as outlined in the present document.