Conditions d’utilisation

Terms and Conditions of Use

1. Terms

By accessing this website or mobile application (“Application”), you are agreeing to be bound by these Application Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing the Application. The materials contained in this Application are protected by applicable copyright and trademark law.

2. Use License

Permission is granted to download or view the Application for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on mTrip application;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or « mirror » the materials on any other server.
This license shall automatically terminate if you violate any of the terms of this license and may be terminated by mTrip at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Acceptable use

You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (« the Content »), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. mTrip and its Licensees do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Application you may be exposed to Content that is offensive and/or indecent. mTrip or its Licensees will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Application and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
In using the Application you agree not to:
use the Application to send spam, pyramid schemes or any other unsolicited messages, commercial or otherwise;
post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
collect or store personal information about others, including email addresses;
advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
impersonate any person or entity for the purpose of misleading others;
violate any applicable laws or regulations;
use the Application in any manner that could damage, disable, overburden or impair the Application or interfere with any other party’s use and enjoyment of the Application;
post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
attempt to gain unauthorised access to the Application, other accounts, computer systems or networks connected to the Application through hacking, password mining or any other means.
mTrip and its Licensees have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.

4. Intellectual Property

The Application and its content (including without limitation the design, text, graphics and all software and source codes connected with the Application) are protected by copyright, trade marks, patents and other intellectual property rights and laws. In accessing the Application you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Application for personal, non-commercial home use only.
By posting, uploading or submitting content through or within the Application, you are granting mTrip or its Licensees a world-wide, royalty free, non-exclusive license to copy, distribute, transmit, reproduce, publicly display, edit, modify, translate or publish such Content.
If you believe your work has been copied and posted on or through the Application in a way that constitutes copyright infringement, please contact us at support@mtrip.com

5. Disclaimer

The materials on the Application are provided « as is ». mTrip or its Licensees makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, mTrip or its Licensees do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Application or otherwise relating to such materials or on any external link.

6. Limitations

In no event shall mTrip or its Licensees 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 the materials on the Application, even if mTrip or one of its Licensees 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.

7. Revisions and Errata

The materials appearing on the Application could include technical, typographical, or photographic errors. mTrip and its Licensees do not warrant that any of the materials in the Application are accurate, complete, or current. mTrip and its Licensees may make changes to the materials contained on its Application at any time without notice. mTrip and its Licensees does not, however, make any commitment to update the materials.

8. Links

mTrip and its Licensees have not reviewed all of the links to external web sites and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by mTrip or its Licensees of the site. Use of any such linked web site is at the user’s own risk.

9. Application Terms of Use Modifications

mTrip may revise these terms of use for its Application at any time without notice. By using this Application you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

10. Governing Law

Any claim relating to this Application shall be governed by the laws of the Province of Quebec, Canada without regard to its conflict of law provisions.

The Application includes data from Falk Content & Internet Solutions GmbH & Co. KG. All the data given has been carefully reviewed. It is not possible to completely exclude the existence of errors in this product or prevent changes that may be necessary after the guide is published. In all of these instances, no liability can be assumed. We will be most grateful, however, to receive criticism, amendments and improvements. To do so please visit: www.mtrip.com
This application and its content are protected by copyright. Any use made of it that is subject to copyright is not permitted without prior permission from the right owner and shall be prosecuted under law. This applies in particular for translations, imitations and storage and processing in electronic systems.
© 2012 mTrip
Portions of travel content © 2010 Falk Content & Internet Solutions GmbH & Co. KG
Portions of content copyright © 2010 Wikipedia, Wikitravel
Map copyright © 2010 OpenStreetMap
OpenFlow is licensed it under the MIT open source license by apparentlogic.com
Map view is provided by Route-me – copyright © 2010, Route-me contributors – All rights reserved
Copyright © 2007-2009, All-Seeing Interactive – All rights reserved
Copyright (c) 2012, Gesine Todt, Amaranth font
Copyright © 2009 Stig Brautaset. All rights reserved
© 2010 Devin Ross & Tapku Software
Branched from three20 – Copyright 2008 Joe Hewitt – Copyright 2009 enormego
Pictures copyright © 2010 Falk, Wikipedia, Flickr and its users
This software is provided by the copyright holders and contributors « as is » and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall the copyright holder or contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage.

Privacy Policy

This privacy policy governs your use of the current software application (“Application”) that was created by mTrip. The Application is a travel guide for smart phones and a web application.

What information does the Application obtain and how is it used?

User Provided Information

The Application obtains the information you provide when you download and register the Application. Registration with us is optional. However, please keep in mind that you may not be able to use some of the features offered by the Application unless you register with us.
When you register with us and use the Application, you generally provide (a) your name, email address, age, user name, password and other registration information; (b) information you provide us when you contact us for help; (c) information you enter into our system when using the Application.
We may also use the information you provided us to contact your from time to time to provide you with important information, required notices and marketing announcements. You can stop receiving emails by changing your notification settings in the web application. You can also request to opt-out via email, at support@mtrip.com
Please note that if you post comments, pictures or travel content within or on the Application, any personally identifiable information you provide in those comments, pictures or articles may be read, collated and used by anyone viewing them. As such, we are not responsible for personally identifiable information you may choose to make available through these channels.

Automatically Collected Information

In addition, the Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, the IP address, your operating system, the type of Internet browsers you use, and information about the way you use the Application.

Does the Application collect precise real time location information of the device?

When you visit the mobile application, we may use GPS technology (or other similar technology) to determine your current location in order to determine the city you are located within and display a location map with relevant information. We will not share your current location with other users or partners.
If you do not want us to use your location for the purposes set forth above, you should turn off the location services for the mobile application located in your account settings or in your mobile phone settings and/or within the mobile application.

Data Retention Policy, Managing Your Information

We will retain User Provided data for as long as you use the Application and for a reasonable time thereafter. If you’d like us to delete User Provided Data that you have provided via the Application, please contact us at support@mtrip.com and we will respond in a reasonable time. Please note that some or all of the User Provided Data may be required in order for the Application to function properly.

Security

We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavor provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

Your Consent

By using the Application, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. « Processing,” means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the Canada. If you reside outside Canada your information will be transferred, processed and stored there under Canada privacy standards.

Legal Disclaimer

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order or legal process served on our website.

Childrens Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act) and do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at support@mtrip.com . We will delete such information from our files within a reasonable time.

California Online Privacy Protection Act Compliance

Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
As part of the California Online Privacy Protection Act, you may make any changes to your information at anytime by logging into Application.

Changes

This Privacy Policy may be updated from time to time for any reason. You are advised to consult this Privacy Policy regularly for any changes, as continued use is deemed approval of all changes.

Contact us

If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us via email at support@mtrip.com

This privacy policy was last updated on October 2012