We are glad to welcome you on our website. Thank you for using our product.

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website https://anywayguides.com/ and/or the mobile application “AnyWay Guides” (the “Website”, the “Software”, the “Service”), whether as a guest or a registered user. Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before you start to use the Website. By using our Website, you indicate that you accept these Terms of Website Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using our Website

Contents

1. Information about us
2. The Website Content
3. Permitted Use
4. Content standards, Guide using and payments
5. Linking and framing
6. Paid services and refund policy
7. Suspension and termination
8. Governing Law
9. Changes
10. Warranties and disclaimers, limitation of liability and indemnity

https://anywayguides.com/ and “AnyWay Guides” are the site and the mobile app operated by MAKADEMIENT LIMITED (“We”, “us”, “our”). We are a software development company registered in Cyprus under company number HE 400505 and have our registered office at 4 Roikou, Amathusian Breeze Apartments (Palatino), os floor, office 001, Agios Tychonas, 4532, Limassol, Cyprus.

You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.

All of the information, content, operations, functionality and software displayed on, transmitted through, or used in connection with Website, including for example: directories, guides, articles, reviews, text, photographs, images, illustrations, video, source and object code, software, data, and all other matters related to us, including without limitation, the selection and arrangement of the aforementioned and the “look and feel” of Website (collectively, the “Content”), are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the intellectual property of MAKADEMIENT LIMITED.

We are the owner or the licensee of all intellectual property rights in our Website (including but not limited to the services other intellectual property rights offered on or via the Website) and in the material published on it. Those works are protected by copyright laws, and treaties around the world. All such rights are reserved.

You may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of Website without the express written consent of an authorized person from Website. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through Website, not to insert any code or product or manipulate the content of Website in any way that affects the user's experience, and not to use any data mining, robots, cancelbots, Trojan horse, or any data gathering or extraction method in connection with your use of Website.

We respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or if you are aware of any infringing material placed on Website, please contact us.

The information available on Website is for general information purpose only. While we strive to do thorough research and keep the information all the time up-to-date and correct, we do not guarantee the full completeness, accuracy, reliability, suitability or availability concerning the information. Any reliance on the information available is therefore at your own risk.

• You must not use Website in any way that causes, or may cause, damage to Website or impairment of the availability or accessibility of MAKADEMIENT LIMITED, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
• You must not use Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
• You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or concerning us without an authorized person's express written consent from us.
• You must not use Website to transmit or send unsolicited commercial communications.
• You must not use Website for any purposes related to marketing without an authorized person's express written consent from us.

4.1. These content standards (“Content Standards”) apply to any and all material which you contribute to our Website (“Contributions”), and to any interactive services associated with the Website. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any Contribution as well as to its whole.

Contributions must:

• be accurate (where they state facts);
• be genuinely held (where they state opinions);
• comply with applicable law in any country from which they are posted.

Contributions must not:

• contain any material which is defamatory of any person or which is obscene, offensive, hateful or inflammatory;
• promote violent or sexually explicit material;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any copyright, database right or trade mark of any other person;
• be false, inaccurate or likely to deceive or mislead any person;
• be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• promote any illegal activity;
• be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
• be likely to harass, upset, embarrass, alarm or annoy any other person;
• be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• give the impression that they emanate from us, if this is not the case;
• advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse;
• link directly or indirectly to or include descriptions of goods or services that are prohibited under these Terms of Use.

By submitting any Contribution to the Website, you grant us a worldwide, non-exclusive right and license to reproduce, prepare derivative works incorporating, publicly display, sublicense, sell, advertise and market any Contribution uploaded by you and accepted by us, until this Terms are terminated as herein provided. You also give permission to us to add, modify or remove information related to your Contribution in order to manage such Contribution.

4.2. If you have type of account “Partner” on the Website than Company shall pay you a royalty for each unique download of Contribution that was created by you (related to the pattern) for which Company receives payment. The current royalty rates are set forth on the Earnings Schedule.

If a customer downloads the same item of Content more than once, you will be paid once only.

4.3. Royalty payments and accompanying statements will be issued on or about the 15th day of month, for the previous two months' downloads. Payments are automatic and do not need to be requested.

4.4. There is a minimum payout rate per accounting period of: one hundred US Dollars (USD 100.00) for electronic payments). If during an accounting period, you haven't reached the abovementioned payout minimums, your compensation will be rolled over into the next accounting period. If you cancel your account prior to accrued earnings in your royalty account reaching the applicable payout minimum, you thereby forfeit such royalties.

4.5. If your account is terminated for a breach of the material terms of the Terms, in addition to its other rights at law or in equity, the Company shall have the right to retain any royalties and/or other compensation otherwise payable to you hereunder as liquidated damages.

4.6. If the Company makes an overpayment of royalties or other compensation to you for any reason, the Company shall have the right to deduct the amount of such overpayment from your accrued royalties or to demand the immediate repayment of such overpaid royalties or other compensation.

4.7. Guide using. The use of any downloads as well as use of any Guides made available from our Website will be subject to this Terms of Use. By using directly, downloading, installing, modifying, copying or by otherwise using such material you indicate your acceptance of the terms and conditions of the Terms of Use.

We have implemented commercially reasonable technical and organizational measures designed to secure your private information from accidental loss and unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your private information for improper purposes.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the Content Standards.

If you wish to make any use of material on our Website other than that set out above, please address your request to us.

Links from our Website. Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. If you use these links, you will leave our Website. We have not reviewed these third party websites and we have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We do not endorse or make any warranties or representations about the other websites, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to our Website, you do this entirely at your own risk.

In addition, taking in consideration that fact that we use the Google Maps, you have to know, that use of Google Maps is subject to the then-current Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html and Google Privacy Policy at https://www.google.com/policies/privacy/.

Paid Services. We reserve the right to require payment or subscription fees for any of our Services as indicated on our Website. For daily, weekly, monthly, annual subscription plans, you will be billed in advance. The prices may be changed at any time, upon thirty (30) day prior notice to you, which may be sent by email or posted on the website. Your use of the Services following such notification constitutes your acceptance of any new or increased charges. Any fees paid hereunder are non-refundable and non-cancellable unless specifically provided herein. Please, pay attention that downgrading your plan may cause the loss of features, or capacity of your account.

Refund policy. Given the nature of downloadable digital items, we do not generally offer a refund or credit on a purchase unless required under by applicable consumer law or other relevant consumer protection laws. If you would wish to redeem a refund, please contact customer service by emailing support@anywayguides.com. For the avoidance of doubt, no refund shall be applicable for the Website user (customer) who violated these Terms of Use.

We will determine, in our discretion, whether there has been a breach of these Terms of Website Use. Where a breach has occurred, we may take such action as we deem appropriate.

Failure to comply with these Terms of Use constitutes a material breach of the terms upon which you are permitted to use our Website, and may result in our taking all or any of the following actions:

• immediate, temporary or permanent withdrawal of your right to use our Website;
• immediate, temporary or permanent removal of any posting or material uploaded by you to our Website;
• issue a warning to you;
• legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• further legal action against you;
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these Terms of Use. The responses described in these Terms of Use are not limited, and we may take any other action we reasonably deem appropriate.

We reserve the right of deleting an account if there are signs of suspicious, unusual or harmful activities, therefore creating a potential danger for Website. However, we highly trust and respect our users and we do not believe it will be the case to terminate someone's account.

This Terms is governed by the law of Cyprus without regard to its conflict of laws rules. The parties agree that any disputes arising from this Terms shall be resolved in the applicable courts of the England and agree to accept service of process by mail, and hereby waive any jurisdictional or venue defences otherwise available.

Occasionally we may, in our discretion, make changes to the Terms of Use. When we make material changes to the Terms of Use, we will make sure to provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within MAKADEMIENT LIMITED Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of Service after the changes have been made will constitute your acceptance of the changes. Please, therefore, make sure you read any such notice carefully.

By continuing to access or use Service after those revisions become effective, you agree to the revised terms. If you do not agree to the new terms, we kindly ask you to stop using Service.

Warranty. We are striving to provide the best service and products that we can, but you understand and agree that Website is provided “as is” and “as available” without any representations or warranties, express or implied. Without prejudice, we do not warrant that:

• Website will be constantly available, or available at all.
• The information on the Website is complete, true, accurate or non-misleading.
• That Website will be available at any particular time or location, uninterrupted or secure.
• That Website will be 24/7 active all the time.
• Your data will be saved all the time in your account, and that data loss will never ever occur. However, we will do our best to make sure all the information is saved in your account for a flawless experience. Data loss is very unlikely.

DISCLAMER. YOU AGREE THAT YOUR USE OF THE WEBSITE AND WEBSITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE WEBSITE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE OR THE WEBSITE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT, MATERIALS, OR OPERATION OF THE WEBSITE SERVICES (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR THE WEBSITE SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR WEBSITE SERVICES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT, MATERIALS OR WEBSITE SERVICES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE SERVICES OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR WEBSITE SERVICES.

We reserve the right to change any and all content, software and other items used or contained in the Website and any Website services offered through the Website at any time without notice.

LIMITATIONS OF LIABILITY. IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT OR LOST DATA DAMAGES ARISING FROM USE OF THE WEBSITE OR WEBSITE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE WEBSITE SERVICES DURING THE PERIOD OF 3 MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Indemnity. You agree to defend, indemnify and hold us, our subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your Contributions, use of the Website, and/or arising from a breach of this Terms and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify Company, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Contact Us

If you feel like something is missing or misleading in our Terms of Use, please feel free to notify us.

You can contact us by sending an email to support@anywayguides.com

This document was last updated on October 12, 2019