Welcome at Relive: Relive offers an application for mobile devices that allows you to relive all your outdoor adventures. These terms and conditions (Terms) apply to: the relationship between Relive B.V. (Relive) and its users (Users); being any use of www.relive.cc (the Website), the mobile application (App) and any other service offered by Relive. Relive offers the App, including all information, tools and services available from the App, under the condition that the User accepts these Terms.
1.1 The App is an application that enables Users to relive their outdoor activities. Relive tracks and converts (the highlights of) these activities into a personal video (Personal Video). Users are able to customize the Personal Video by for instance adding photos and a title. Relive Together enables Users to add other Users and photos by other Users to their Personal Video.
1.2 The Personal Video is made available to a User by sending a unique URL via mail or via our app. The URL to a Personal Video is publicly accessible. Relive will generally only share this with the concerning User either via the App or via e-mail. Relive is allowed to publicly share your Personal Video.
1.3 You can connect your account with third parties offering GPS tracking services (Tracking Apps). By connecting your account with a Tracking App you give permission to Relive to transfer and use the data from the Tracking Apps for the purposes of making a Personal Video. After you connect your account for the first time, the data from the Tracking Apps will be imported automatically to the App.
1.4 Relive offers high quality and therefore cooperates with high quality Tracking Apps only. Relive reserves the right to change the connectivity to Tracking Apps or remove the possibility to connect to a Tracking App at any time for any reason.
2. Registration and personal account
2.1 If you want to use the App, you need to register and create a personal account (click here to register). To create a personal account, you can choose to use your Facebook- or Google account credentials through Facebook- or Google Connect, which will merge your Relive and Facebook- or Google account. You can also sign up with your email address. If you sign up with your email address, we will also need your full name.
2.2 You agree to provide up-to-date, complete and accurate account information for all use of the App. You agree to promptly update your personal account, including your e-mail address, so that we can contact you if needed.
2.3 If you create an account with your email address, you will be asked to provide a password to access your personal account. You are solely responsible for the privacy of this password.
2.4 Relive is entitled to temporarily block or delete your personal account if we suspect abuse of that account or the App. We can also block or delete your account if you violate these Terms or other additional terms, conditions and policies referenced herein.
3. Relive Club
3.1 Users can upgrade their personal account and use a premium service of Relive (Relive Club). Relive Club provides Users with extra facilities within the App and Website.
3.2 If you want to use Relive Club you need to add a Relive Club membership to your personal account (Membership). You can subscribe to a Membership for one month or twelve months. You can terminate the subscription at any time after which your Membership will be cancelled at the end of the current billing cycle.
3.3 A Relive Club Membership subscription will automatically be extended with a successive renewal of an indefinite duration. After renewal, you can terminate the subscription at any time (see 3.2).
3.4 Relive Club Membership subscriptions bought via iTunes automatically renew unless auto-renew is turned off at least 24-hours before the end of the current period. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's account settings after purchase.
4.1 Prices of Memberships are in Euros, US Dollars, British Pounds or Brazilian Real depending on the User’s country of residence and may change from time to time. The price displayed on the App and the Website at the time of subscription, along with any required taxes if applicable, will be honoured. The payment must be made in advance of a Membership. Relive accepts Visa, MasterCard, American Express, and any other methods which may be clearly advertised on the App and Website. The User can also choose to pay with PayPal.
4.2 Relive may cancel your Membership if the issuer of your payment card refuses to authorize payment to Relive. After such cancellation, your personal account remains active. Refunds are not possible for a twelve months Membership that you subscribed to for the first time, except in the event of withdrawal described in article 5. Refunds for a one month Membership are only possible in the event of withdrawal described in article 5.
4.3 We take reasonable care to make our App and Website secure. You are obligated to inform us about inaccuracies in supplied or specified payment details immediately.
5. Right of withdrawal
5.1 You have the right to cancel the Membership within 14 days from the day you subscribed to a Membership. To exercise the right to cancel you must inform Relive with an equivocal statement in writing to email@example.com. When you notify us via email, we will send you a confirmation of your notification without undue delay.
5.2 We will give you a full refund within 14 days after we received the notification. We may deduce costs for the days you were able to use Relive Club.
6. Third party services
Any connection between a Tracking App and your Relive account is at your own risk. Relive cannot be considered a party between you and the Tracking App. Any data received from a Tracking App is considered “as is” and is not validated or checked in any way to be accurate, in conformity with the truth or in line with personal settings within the Tracking App. You are solely responsible to comply with any terms and conditions that apply to the use of the Tracking App.
7. Rules of conduct
7.1 Users can choose to add content to their Personal Video, such as photos, text or images. You agree that your contribution will not:
- contain pornographic, discriminatory, offensive, threatening, obscene or otherwise objectionable or unlawful material;
- be false or misleading;
- contain commercial messages (i.e. it is not permitted to place advertisements);
- contain any computer viruses or other malware that could in any way affect the operation of the App or any related website or service of Relive;
- violate any right of Relive or a third party, including but not limited to copyrights, trademarks, privacy or any other personal or (intellectual) property right; or
- be in any other manner unlawful against Relive or any third party.
7.2 Users are solely responsible for the contributions they make and their accuracy. Relive is not responsible nor liable for any contributions made by Users in any way. Relive reserves the right to edit or remove content that in our sole discretion violates these Terms or is otherwise inadmissible.
8. Privacy statement
We at Relive think privacy is important. When you register with and make use of our services, the App will collect certain personal data to allow proper use of the App and our services. In our Privacy Statement you can read which personal data we collect and for what purposes.
9. Accuracy of information
Relive makes every effort to keep the information given through the App accurate and up to date, but we cannot guarantee that that information is always fully accurate, complete or current. The information on the App is provided for general information purposes only. No rights can be derived from it. Any reliance on the provided information is at your own risk.
10.1 Relive will continue to develop and update the App if necessary and when reasonably possible. Development may include modification of the functionality or features of the App, provided that such updates and modifications will not materially denigrate the functionality of the App.
10.2 Relive is in no case liable to you for such updates or modifications.
11.1 Relive does not guarantee, represent or warrant that your use of the App will be uninterrupted, timely, secure or error-free.
11.2. In order to make the Personal Video, Relive has to modify and adjust your data. As a result of this required modification and adjustments, you accept that (the data in) the Personal Video may not be completely accurate.
12.1 Relive is not liable to you for any damage you suffer as a result of the use of the App, including - but without limitation - any injury or damages resulting from behaviour of Users related to tracked activities, for example high speed cycling or taking pictures on dangerous spots.
12.2 Relive is also not liable for the fulfilment of agreements with third parties of Tracking Apps or the inaccessibility of the Tracking Apps.
12.3 Relive has no influence on the data transmitted by the Tracking Apps to the App. Relive is not responsible for the transmission of information. Relive is therefore also not responsible nor liable for any information that is incomplete or inaccurate as a result of such transmission or that is transmitted wrongly.
Users will indemnify, defend, and hold harmless Relive from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of third party claims regarding: (i) any injury or damages resulting from behavior of Users related to tracked activities; and (ii) their breach of these Terms, agreements with third party Tracking Apps, or violation of any applicable law, regulation or order.
14. Intellectual property rights
14.1 Relive is the holder of all intellectual property rights on information provided by the App, such as patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, trade secrets, licenses, domain names, know how, property rights and processes (Intellectual Property Rights). Relive is also the holder of all Intellectual Property Rights on the Personal Videos it produces.
14.2 Relive gives you a personal, non-exclusive and non-transferable licence to use the Website and the App and to share your Personal Video. The User is not allowed to sell, sub-license, distribute or access in any other way (i.e. via screen-scraping or url-guessing) the content of the Website and the App or the Personal Video.
14.3 The User is not allowed to reverse engineer, decompile or otherwise attempt to derive the source code, techniques, processes, algorithms or other know-how from Relive.
14.4 The App, Website,Personal Videos and all other content is solely intended for your personal, non-commercial use. Any other use of the App requires the prior written permission of Relive. Neither is the User allowed to change, alter or edit in any way the Personal Video without prior written permission of Relive.
14.5 Relive is entitled to use the (personal) data received via the App for commercial purposes, in accordance with our Privacy Statement.
14.6 In the event of a breach of this article, Users will be liable to Relive for an immediately payable amount of €250 per breach and €100,- for each day on which the breach continues, without prejudice to Relive’s right to opt for damages instead of this amount.
Relive may freely assign their rights and obligations under these Terms in the event of a merger, acquisition or sale of assets, by law or otherwise.
16.1 Relive reserves the right to alter these Terms. When we change these Terms in a significant way, we will post a notification on our Website along with the updated Terms. We will also notify you via our App, and request you to accept the updated Terms before you can continue your use of our App. By continuing to use the App, Website and/or our services you acknowledge the most recent version of these Terms.
16.2 If we do not enforce (parts of) these Terms, this cannot be construed as consent or waiver of the right to enforce them at a later moment in time or against another User.
The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced by a provision that is considered to be valid and enforceable and which interpretation shall be as close as possible to the intent of the invalid provision.
18. Applicable law and jurisdiction
18.1 These Terms shall be governed by and construed in accordance with the laws of the Netherlands.
18.2 All disputes resulting from or arising in connection with these Terms shall be exclusively submitted to the competent court of Amsterdam, the Netherlands, unless the dispute can be settled in an amicable fashion.
19. Complaints, comments and suggestions
Relive strives to give you optimal service. Please let us know if you have a complaint, comment or suggestion. You can contact us at firstname.lastname@example.org.