Version 1.0, valid from 20 May 2018
This mobile software application (app) is created and owned by Nocto International B.V., hereafter referred to as “Nocto”, “we”, “us” and “our”. Nocto is the exclusive owner of all (intellectual property) rights in this software and all its accompanying documentation, including, but not limited to, copyright and trademarks. Nocto asserts all legal and moral rights under any jurisdiction. In order to download and use our app and services, you need to be 18 years of age or older. By selecting “accept” you warrant that you are at least 18 years of age, that you have the legal power to enter into a binding agreement and are not barred by legislation and that the information you submit is and will always be true, accurate and complete.
Scope of license
By using our app, you are only granted a royalty free, limited, non-exclusive, non-commercial license to download, install and use one copy of our software application on your mobile device. By no means is our software, its source code, a copy of it or any rights attached to any of the aforementioned, transferred or sold to you. This license is limited and you may never, under any circumstances:
exploit, copy, distribute, transfer or sublicense our software or any part of it
translate, adapt, alter, modify or make any derivative work of our software or any part of it
decompile or reverse engineer our software or any part of it, save for the purposes provided for under the EU software directive, considering the conditions have all been properly met
mirror the software or the content or any part of it presented in the app on another server
User generated content
Users may upload and contribute content to our app, such as photos, videos, messages and comments. When you upload content, you warrant that you possess all the necessary rights to use and upload that content, such as copyright and privacy rights, and that your content does not violate rights of third parties, applicable laws and agreements. You agree not to upload any discriminatory, pornographic, violent or any other offensive content to our app. We may at times monitor and review the content uploaded. If we find that content violates any rights, laws or agreements, we may at our sole discretion and without prior notice disable access to such content, delete such content and/or delete the account of the user responsible for uploading such content. When we are notified by users or third parties of a violation of their rights or of applicable laws or agreements in uploaded content we will investigate their claim and take appropriate action depending on our findings. This may also include the aforementioned measures.
Disclaimer of warranties
Our app is provided on an ‘as is’ basis. The use of our app and services is at your sole risk. We do not give any guarantees as to the functioning of our app and services. We do not give any warranties, either express or implied, including, but not limited to, as to satisfactory quality, fitness for a particular purpose, accuracy and non-infringement of third party rights. We are not responsible for any improvements, errors or security leaks.
Limitation of liability
In no event shall we be liable for any damages (including, without limitation, damages for loss of data or profit or due to business interruption) arising out of the use or inability to use our app and services, whether foreseeable or not and even if we or an authorized representative of us has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. The use of our app and our services is at your sole risk. We are not liable for any content uploaded to our platform by either users or third parties. We do not accept liability for any information provided by you that proves to be false, incorrect, incomplete or not up-to-date, including, but not limited to, information about your age, gender, origin and location. We are not responsible for the information provided by third parties, such as venues and or groups, including, but not limited to, events, deals and offers to spend Nocs.
Infringement and indemnification
You agree to be solely liable for any infringements to third party’s rights as a result of using our app and services. You fully indemnify us when we would be involved by a third party in a claim that is the result of your using of our app and services. This includes all costs in order to legally defend ourselves to claims of third parties, both in court and extrajudicial, as well as any direct and indirect damages - loss of profits, interruption of business and reputational damages included - arising out of or as a result of these claims.
We may at any time, at our sole discretion, for no reason and without prior notice, terminate or suspend this agreement. Upon termination of the agreement you are obliged to cease the use of our software immediately and uninstall all components of our software.
Occasionally we may offer you the chance to participate in special promotions through the app. Special promotions may be governed by separate different terms and conditions. If the provisions of a special promotion’s terms and conditions conflict with the terms of this agreement, those separate terms and conditions shall prevail.
Our failure to enforce any right or provision of this end user license agreement will not be considered a waiver of those rights. Should any provision of this agreement be held invalid or unenforceable for any reason or to any extent in any jurisdiction, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions, and the application of that provision shall be enforced to the extent permitted by law.
Governing law and jurisdiction
This agreement is governed by Dutch law. Unless otherwise required by a mandatory law of any jurisdiction, any dispute concerning this agreement, its execution and its interpretation shall be issued and adjudicated exclusively by the district court of Amsterdam, The Netherlands.
Except as otherwise stated in this Agreement or as expressly required by local law, any notice to us shall be given by either;
certified postal mail to: Nocto International B.V., Churchillplein 44, 3011 EW Rotterdam, The Netherlands, or
by email to: firstname.lastname@example.org
Any notice to you shall be given to the email address that you provided us during the registration process.
Notice given by postal mail shall be considered given five (5) days after receiving the mailing in our postbox.
Notice shall be considered within 48 hours after the mail has been received.
The abuse of alcohol is dangerous to your health, please consume in moderation.
© Nocto International B.V. 2016-2022