Last updated: 13 May 2019

PLEASE READ THESE TERMS OF USE CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES.

These Terms of Use apply to your access to and use of any website, mobile application or other online or mobile product or service (collectively, the ‘Services’) of the Nomad Radar App provided by INTERNATIONAL MCS, S.A. (‘Nomad Radar’, ‘we’ or ‘us’). If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity will be responsible for your violation of these Terms. Failure to use our Services in accordance with these Terms may result in, among other things, termination or suspension of your rights to use the Services and may subject you to legal action by ‘Nomad Radar’ and/or severe civil and/or criminal penalties.

We reserve the right to make changes or modifications to these Terms of Use, or any policy or guideline of our Services, at any time and in our sole discretion. If Nomad Radar makes changes to these Terms of Use, we will provide notice of such changes.

If you continue using our Services updating user data (profile, location), chatting or any other modifications will constitute your acceptance of such changes or modifications. Accordingly, you should frequently review these Terms of Use and applicable policies and guidelines to understand the terms and conditions that apply to your use of our Services.

Please refer to our Privacy Policy for information about how Nomad Radar collects, uses and discloses information about our members. In addition, by accessing or using our Services, you agree to adhere to the Community Guidelines.

Please Contact Us with any questions regarding these Terms of Use. You can contact us by email at info@nomadradar.app.

ELIGIBILITY, REGISTRATION AND ACCOUNT

You must be at least 18 years old to access or use the Services. By registering to use our Services, you represent that you are at least 18 years old. In order to access our Services, you will need to register for an account using your email address. You agree to create a unique password that you do not use with any other online product or service. By registering for an account, you further agree to

  1. provide accurate, truthful, current and complete information,
  2. maintain and promptly update your account information upon any changes,
  3. maintain the security of your account by protecting your password and restricting access to your account,
  4. promptly notify Nomad Radar if you discover or otherwise suspect any security breaches related to our Services and
  5. take responsibility for all activities that occur under your account and accept all risks of any authorized or unauthorized access.

THIRD PARTY TERMS

Nomad Radar may offer the opportunity to purchase products and services from third parties. You acknowledge that such products and services are offered and sold to you by one or more third parties. For more information, please refer to the applicable third party’s terms of sale and privacy policy.

INTERACTIONS WITH OTHER MEMBERS

You Have Sole Responsibility When Interacting with Other Members.

Our Services provide a platform for members to contact other members, find them by their skills they are providing and to communicate with each other. Nomad Radar is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other member, person or organization. You are solely responsible for your interactions with other members of our Services. We reserve the right, but have no obligation, to monitor interactions between you and other members of our Services.

The Services provided by Nomad Radar is just a platform that enable you to communicate and interact with other members. We cannot be responsible for the interactions that you have with other members, so please use good judgment and keep safety in mind when you use our Services.

Identity Verification.

We cannot and do not confirm each member’s identity. You are solely responsible for determining the identity and suitability of others with whom you may interact through our Services. Nomad Radar does not represent or warrant whether it is appropriate for you to interact with another member. Further, we do not endorse any persons who use or register for our Services. We do not investigate or verify any member’s reputation, conduct, morality, criminal background, or any information members may submit to the Services. We encourage you to take precautions when interacting with other members, particularly when meeting a stranger in person for the first time.

E-mail address verification

Nomad Radar wants to ensure that each member provides an email address at which that member is able to access or receive mail.

Our Services uses the Firebase Authentication tools from Google which verify the e-mail address provided by the member during registration.

The verification of its email address is not a guarantee of any member’s identity or good faith.

Member-Hosted Events

Members may organize in-person meetings and host events for other members. However, these events are not sponsored or endorsed by Nomad Radar and members attend such meetings and events at their own risk.

Release

Because our Services are merely a platform, in the event that you have a dispute with one or more members, to the fullest extent permitted by applicable law you release us (and our officers, directors, members, employees, agents and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

MEMBER CONDUCT AND CONTENT

The Services include interactive areas where you or other members can create, post or store content, messages, materials, data, information, text, photos, graphics or other items or materials on the Services (collectively, ‘Member Content’). You are solely responsible for your use of such interactive areas and agree that your use of these areas is at your own risk.

Member Content Restrictions.

You are solely responsible for any Member Content that you submit, post or transmit via our Services. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services, Member Content that we believe, in our sole discretion:

  1. is unlawful, libelous, defamatory, harassing, threatening, invasive of privacy or publicity rights, or that would otherwise create liability or violate any local, state, national or international law
  2. contains nudity, sexually explicit content or is otherwise obscene, pornographic, indecent, lewd, suggestive or sexually exploitative of minors
  3. may disparage any ethnic, racial, sexual or religious group by stereotypical depiction or is otherwise abusive or inflammatory
  4. depicts the use of illicit drugs
  5. contains offensive language or images or is otherwise objectionable
  6. incites violence or characterizes violence as acceptable, glamorous or desirable
  7. contains unsolicited promotions, political campaigning, advertising or solicitations, without our prior written consent
  8. contains private or personal information about another person, unless such person has agreed to the disclosure of this information
  9. contains viruses, corrupted data or other harmful, disruptive or destructive file viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology
  10. may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting Member Content, you represent and warrant that you have the lawful right to distribute and reproduce such Member Content
  11. would constitute, encourage or provide instructions for a criminal offense or violate the rights of any third party. Nomad Radar is not responsible for any Member Content that you or other members post, transmit or store through the Services. We have no obligation to post Member Content from you or anyone else and we may, in our sole discretion, edit, remove or delete any Member Content without notice. If you become aware of Member Content that violates these Terms, you may notify of us such content by using the reporting tools provided on our Services. Enforcement of these Terms, however, is solely in our discretion and the absence of enforcement in some instances does not waive of our right to enforce the Terms in other instances. In addition, these Terms do not create a private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
Member Conduct

By accessing or using the Services, you agree to act responsibly, exercise good judgment and comply with the Community Guidelines.

Additionally, you agree not to:

  1. use the Services in violation of any applicable law or regulation, including promoting or encouraging any illegal activity
  2. infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights
  3. use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other members from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner
  4. use our Services in connection with the distribution of spam (which we define as unsolicited bulk e-mail or any other unsolicited messages of a commercial, religious, romantic, political or other nature not within the intended purposes of the Services)
  5. stalk, intimidate, threaten or otherwise harass or cause discomfort to any other member of our Services
  6. collect or store any information about any other member other than as permitted on our Services
  7. register for more than one member account
  8. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, whether by providing or omitting to provide information
  9. circumvent or attempt to defeat any security or verification measure relating to use of the Services
  10. hold yourself out as an agent, representative, employee or affiliate of Nomad Radar
  11. assist any third party in doing any of the foregoing
Member Content License

You own all of the Member Content that you post to our Services. If you post Member Content to our Services, you hereby grant us a perpetual (i.e. lasting forever), worldwide, irrevocable, non-exclusive, royalty-free and fully sublicensable (i.e. we can grant this right to others) license to use, reproduce, display, perform, adapt, modify, create derivative works from, distribute, have distributed and promote such Member Content in any form, in all media now known or hereinafter created (including in emails or other communications to our members) to administer, operate, develop and otherwise provide the Nomad Radar Services.

You represent and warrant that:

  1. you own and control all of the rights to the Member Content that you post or you otherwise have the right to post such Member Content to the Services
  2. the Member Content is accurate and not misleading
  3. the use and posting of the Member Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

You own the Member Content that you post to our Services. If Member Content contains information about you, our Privacy Policy will apply, and we encourage you to review this policy for information about how we can use and share such information.

SUBMISSIONS

Separate and apart from Member Content, we welcome questions, comments, suggestions and ideas about Nomad Radar and our Services (‘Submissions’). If you provide a Submission, whether by email or otherwise, you agree that it is non-confidential (unless Nomad Radar states otherwise in writing) and shall become the sole property of Nomad Radar. Nomad Radar shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise. You acknowledge that Nomad Radar is not obligated to provide acknowledgment or compensation to you in exchange for Submissions.

COPYRIGHT AND LIMITED LICENSE

Unless otherwise indicated, the Services and all content and other materials on the Services, including, without limitation, and all designs, text, graphics, pictures, videos, information, data, software, sound files and other files, and the selection and arrangement thereof, (collectively, the ‘Nomad Radar Materials’) are the proprietary property of Nomad Radar or our licensors or members and are protected by Panama and international copyright laws.

With the exception of the The Nomad Radar logo and other graphics used within the mobile applications which are made by Freepik from www.flaticon.com.

With the exception of the images used on the website of Nomad Radar (www.nomadradar.app), which are published on Unsplash.com and free of use.

You are granted a limited, non-exclusive and non-sublicensable license to access and use the Services and Nomad Radar Materials. However, such license is subject to these Terms and does not include:

  1. any resale or commercial use of the Services or the Nomad Radar Materials
  2. the distribution, public performance or public display of any Nomad Radar Materials
  3. modifying or otherwise making any derivative uses of the Services and the Nomad Radar Materials, or any portion thereof, unless modification or derivative use is specifically permitted under applicable law or provided for under separate terms;
  4. use of any data mining, robots or similar data gathering or extraction methods
  5. downloading (other than the page caching) of any portion of the Services, the Nomad Radar Materials or any information contained therein, except as expressly permitted on the Services
  6. any use of the Services or the Nomad Radar Materials other than for their intended purposes.

Any use of the Services or the Nomad Radar Materials other than as specifically authorized herein, without the prior written permission of Nomad Radar, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

COPYRIGHT COMPLAINTS

If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with the Nomad Radar at info@nomadradar.app.

THIRD-PARTY CONTENT

In using our Services, you may be exposed to content from other members or third parties (‘Third-Party Content’), either on our Services or through links to third-party websites. We do not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate, and bear all risks associated with, Third-Party Content, including without limitation, profiles of other members of our Services.

TERMINATION

If you are in breach of these Terms, or any other policies or community standards we have in place from time to time, we may, in our discretion at any time:

  1. terminate your access to our Services,
  2. deactivate or delete your account and all related information and files in such account and/or
  3. bar your access to any of such files or Services. In any of these instances, you are not permitted to register for another Nomad Radar account without our prior written permission.

In rare circumstances, when we feel it is necessary to protect the safety or the well being of the Nomad Radar community, we will remove a member’s account from our Services. We don’t take this decision lightly, but it is sometimes required.

DISCONTINUANCE OF SERVICES

We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.

MEMBER’S REPRESENTATIONS AND WARRANTIES

You hereby represent and warrant that you have the full power and authority to enter into and perform under these Terms. If you are using our Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf.

You hereby represent and warrant that you will not use the Services if the laws of your country prohibit you from doing so in accordance with these Terms (for example, if you are not allowed to provide the types of personal information that we require or if you are prohibited from participating in certain Internet activity). By using our Services, you represent and warrant that such use will not violate, or cause us to violate, the laws of your country.

DISCLAIMER OF WARRANTIES

SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL NOMAD RADAR, OR OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO:

  1. THE USE OR INABILITY TO USE OUR SERVICES
  2. THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES
  3. DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT
  4. DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
  5. STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICES
  6. YOUR OR ANYONE ELSE’S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SERVICES
  7. ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICES OR THESE TERMS

WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS, WHETHER OR NOT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL.

IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO OUR SERVICES OR THESE TERMS EXCEED THE SUM OF ONE TEN US DOLLARS ($10).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNITY

You shall defend, indemnify and hold harmless Nomad Radar (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out of or relating to:

  1. your use of our Services
  2. any Member Content or Submissions you provide
  3. your violation of these Terms
  4. your violation of any rights of another
  5. your conduct in connection with the Services.

Further, if you are using the Services on behalf of any entity, you represent and warrant that such entity agrees to indemnify you and Nomad Radar for violations of these Terms in accordance with this Section. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.

REPORTING MISCONDUCT

If you interact with anyone through our Services who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, who steals from you or engages in any other disturbing conduct, we strongly encourage you to immediately report such person to the appropriate authorities and to us by contacting us using the Report dialog available at each member profile or by email at info@nomadradar.app. Please note that although we encourage you to report misconduct, we are not responsible or liable for our members’ actions, and we are not obligated to take any action.

DISPUTES

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH NOMAD RADAR AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. You and Nomad Radar agree to arbitrate any dispute arising from these Terms or relating to the Services, except that you and Nomad Radar are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. SUBJECT TO ANY RIGHTS YOU MAY HAVE UNDER APPLICABLE LAW, ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Nomad Radar agree that you will notify each other of any dispute within thirty (30) days of when it arises, that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in Panamá, Panamá. You and Nomad Radar also agree that the courts in Panamá, Panamá have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND NOMAD RADAR WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.

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