Terms of Service

Terms and Conditions for the Software Isara User Account and Software Isara Network

1. Preamble

By registering for and/or using the “Software Isara User Account“ and the communication platform “Software Isara Network“, specific app services, features and content are provided solely to assist customers in gathering location based and travel information, posting opinions about location based and travel related issues, engaging in a location based and travel forum and for no other purposes.
Please read these terms and conditions carefully before using the services, features, content or applications offered by Software Isara. The terms “we”, “us”, “our” and “Software Isara” refer to Software Isara, Ordinary Partnership and corporate affiliates. The terms “user” and “you“ refer to the user using the apps or website and/or contributing content on the apps or website.
Software Isara, in particular the Software Isara User Account and the communication platform Software Isara Network, are offered to you conditioned upon your acceptance without modification of any/all the terms and conditions contained herein, which also incorporate Software Isara’s Privacy Policy and Apple’s Privacy Policy and Terms of Use. By accessing or using the Software Isara User Account in any manner, you agree to be bound by these terms and conditions.
If you do not accept all of these terms and conditions, you are not authorized to use the Software Isara User Account. Be sure to return to this page periodically to review the most current version of Software Isara’s terms and conditions. We reserve the right at any time, at our sole discretion, to update or otherwise modify the terms and conditions without notice to the customer in accordance with the terms set out under the ”Modification“ section below. Your continued access or use of the apps, website and the Software Isara User Account signifies your acceptance of the updated or modified terms and conditions.

2. Use of the Software Isara User Account

As a condition of your use of the Software Isara User Account, you warrant that

all information supplied by you is true, accurate, current and complete (including, but not limited to your name (“User Name“), e-mail address, a password and your Facebook Account you will use to access the services of Software Isara), and
you keep your registration information accurate and up-to-date, furthermore
you will safeguard your Software Isara User Account information and will supervise and be completely responsible for any use of your account by anyone other than you, furthermore
you possess the legal authority in order to register for an Software Isara User Account and contribute to our apps and website, and
Software Isara possesses the legal authority to enter into these terms and conditions and to use the Software Isara User Account and its features for our apps in accordance with all terms and conditions herein.
Software Isara reserves the right at its sole discretion to deny access to anyone to the services Software Isara offers, at any time and for any reason, including, but not limited to, for violation of these terms and conditions.
Copying, transmission, reproduction, republication, posting or redistribution of the Software Isara’s content or any portion thereof is strictly prohibited without the prior written permission of Software Isara. To request permission, you may contact us as follows:
Software Isara, Ordinary Partnership, Soi Ladprao 83, Ladprao Road, Bangkok, 10310.

3. Software Isara’s Content and Prohibited Activities

The content and information contained in the Software Isara Network, apps, and website and its services and features (including, but not limited to messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to Software Isara.

Furthermore the Software Isara Network, apps, and website contain content specifically provided by third parties (for example from OpenStreetMap, Wikipedia, booking.com,etc.). Such content is also protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You agree to abide by and maintain all copyright notices, information and restrictions contained in any content accessed through the Software Isara Network, apps, and website and its features and services.

You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Software Isara Network, apps, and website.

Additionally, you agree not to

use the Software Isara Network, apps, and website or their contents for any commercial purpose;
access, monitor or copy any content or information of the Software Isara Network, apps, and website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
violate the restrictions in any robot exclusion headers or bypass or circumvent other measures employed to prevent or limit access to the Software Isara Network, apps, and website;
take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
deep-link to any portion of the Software Isara Network, apps, and website for any purpose without our express written permission; or
“frame”, “mirror” or otherwise incorporate any part of the Software Isara Network, apps, and website into any other application or website without our prior written authorization;
attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer the Software Isara Network, apps, and website. 

4. User’s Content

All content is the sole responsibility of the person who originated such content. Software Isara cannot guarantee the authenticity of any content or data that users may provide. The term “content” includes, without limitation, any location information, messages, comments, videos, audio clips, music, data, text, photographs, software, scripts, graphics and interactive features generated, provided or otherwise made accessible by Software Isara on or through its apps or website. Content added, created, uploaded, submitted, distributed or posted by users is collectively referred to as “User Submissions“ (see section below).

Software Isara apps and the website contain the communication platform Software Isara Network, an interactive forum, in which you or third parties may post reviews of points of interest and travel experiences, messages, materials or other items and sync user bookmarks and pins. You are solely responsible for your use of the platform and use it at your own risk. Software Isara does not verify or control the user content posted to or distributed via Software Isara apps and website and its services through the communication platform Software Isara Network. Software Isara will not be in any way responsible or liable for such user content. Software Isara takes no responsibility for any loss or damage thereto, nor is Software Isara liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.

Software Isara nevertheless reserves the right at its sole discretion to remove, screen or edit without notice any user content posted or stored on the platform at any time and for any reason.

By using the Software Isara Network, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through Software Isara apps and the website any of the following:

Any message, data, information, text, music, sound, photos, graphics, code or any other material, that is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Content that would constitute, encourage, promote or provide instructions for a conduct of an illegal activity, criminal offense, give rise to civil liability, violate the rights of any party in any country in the world, or that would otherwise create liability or violate any local, state, national or international law;
Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Software Isara;
Unsolicited promotions, mass mailings or “spamming”, transmission of “junk mail”, “chain letters,” political campaigning, advertising, contests, raffles, or solicitations;
Content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
Viruses, corrupted data or other harmful, disruptive or destructive files;
Content that requires or may require an unreasonable or disproportionately large load on Software Isara's infrastructure;
Content that is unrelated to the topic of the Software Isara Network in which such content is posted; or
Content or links to content that, in the sole judgment of Software Isara, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the communication platform, or (d) which may expose Software Isara or its affiliates or its users to any harm or liability of any type.

If you consider that you retain moral rights (including rights of attribution or integrity) in your content, you hereby declare that (a) you do not require that any personally identifying information shall be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by Software Isara or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release Software Isara, and its licensees, successors and assigns from any claims that you could otherwise assert against Software Isara by virtue of any such moral rights.

5. User Submissions and use of the Software Isara Network

We have the right to use any User Submission in different ways in connection with Software Isara’s services and app features as Software Isara may at its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements or other works, creating derivative works from it, promoting it, distributing it and allowing other users to do the same in connection with their own media platforms and applications.
By submitting content via the Software Isara Network, for example any hotel or restaurant review, questions, comments, suggestions, ideas or the like contained in any submission, you hereby grant Software Isara and its affiliates a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to

use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such submissions throughout the world in any media, now known or hereafter devised (including, without limitation, third party media platforms, websites and feeds); and
use the name that you submit in connection with such submission. You acknowledge that we may choose to provide attribution of your comments or reviews at our discretion;
You further grant Software Isara the right to pursue at law any person or entity that violates your or Software Isara’s rights in the submissions by a breach of these terms and conditions. You acknowledge and agree that submissions are non-confidential and non-proprietary.

6. Privacy Policy

We believe in protecting your privacy. Any personal information you post on our communication platform will be used in accordance with our Privacy Policy (see Privacy Policy of Software Isara).

7. Warranty Disclaimers

Save to the extent required by law, Software Isara has no special relationship with or fiduciary duty to you. You acknowledge that we have no control over and no duty to take any action regarding which users gain access to Software Isara Apps, what content you access via the app features, what effects the content may have on you, how you may interpret or use the content, or what actions you may take as a result of having been exposed to the content.

You release Software Isara from all liability for you having acquired or not acquired content through the Software Isara Network. The communication platform may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Software Isara will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through its services and features.

You release Software Isara from all liability relating to your connections and relationships with other users. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications.

Software Isara does not warrant that a) the features and services of the Software Isara Network, apps, and website will be secure or available at any time or location, b) any defects or errors will be corrected, c) any content or software available at or through Software Isara Apps is free of viruses or other harmful components or d) the result of the Software Isara Network, apps, and website will meet your requirements. Your use of the Software Isara Network, apps, and website is solely at your own risk.

Software Isara reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Software Isara in asserting any available defenses.

8. Indemnification

You agree to defend and indemnify Software Isara, its affiliates and any of their officers, directors, employees, contractors, suppliers, representatives and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, that arise from or relate to your use or misuse of, or access to the Software Isara Network or otherwise from your User Submissions, violation of these terms and conditions, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
Software Isara reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Software Isara in asserting any available defenses.

9. Links to third party sites

The communication platform of Software Isara (Software Isara Network) may contain hyperlinks to websites operated by third parties. If you access third party websites you do so at your own risk. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download is free of such items as viruses, worms, Trojan Horses, defects and other items of a harmful nature. The inclusion of hyperlinks to such websites does not imply any endorsement by Software Isara or any association with their operators. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website.

10. Modifications

Software Isara may change, add or delete these terms and conditions or any portion thereof from time to time at its sole discretion where it deems it necessary for legal, general regulatory and technical purposes, or due to changes in the services provided or nature or layout of Software Isara apps and the website and its features. Thereafter, you expressly agree to be bound by any such amended terms and conditions.
 
Software Isara may furthermore change, suspend or discontinue any aspect of the Software Isara apps at any time, including availability of any feature, database or content. We may also restrict your access to the Software Isara Network without notice or liability for technical or security reasons to prevent against unauthorized access, loss of, or destruction of data or where we consider at our sole discretion that you are in breach of any provision of these terms and conditions or of any law or regulation.
 
Your continued access or use of the apps and the Software Isara User Account signifies your acceptance of the updated or modified terms and conditions.

11. Governing Law and Arbitration

It is hereby agreed that any dispute or controversy arising out of any violation of these terms and conditions will be governed, controlled, interpreted, and defined by and under the laws of Austria, in accordance with international law, without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction.

12. General

If any part of these terms an conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in these terms and conditions shall continue in effect. Also, since you have read and agreed to our service terms, give us a call at +66871367436 once you arrive Bangkok, we will give you a free personal tour around Bangkok as well as free beers (or any non-alchoholic drinks or your choices).
 
Any rights not expressly granted herein are reserved.

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