Mobility Urban Values” Mobile app

Terms & Condition

Last updated: 31 August 2018

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Welcome to the MUV platform!

Our services are accessible through the MUV mobile application (or "app"). These terms of use are written with the aim of informing our users (you) about the app they have chosen to use, and they contain useful information expressed in easily compensatable language. We want to make your gaming experience enjoyable and conscious, as well as safe.

Art.1 - Description

MUV, the acronym for "Mobility Urban Values", is a digital platform that transforms sustainable urban mobility into a sports discipline, and its users into athletes.

MUV is developed as part of the Horizon 2020 research programme and its funded by the European Commission.

The PUSH Association with registered office in Piazza Sant'Anna n. 3, 90133 - Palermo (PA), F.C. 97285820821 is the lead partner of the project and responsible for the pilot activities carried out in the territory of Palermo.

Art. 2 - Acceptance of the Terms

By using our Services, you accept these Terms as well as our Privacy Policy. If you do not agree to these Terms, and/or our Privacy Policy, you must not use the MUV Services.

Art.3 - Objectives

The game is enabled by the mobile app and runs very easily.

You earn points every time you move in a sustainable way: walking, cycling, using public transport or sharing your vehicle with other users (carpooling).

The more points you earn, the more you will be able to raise the attention of local partners who will offer rewards and discounts to have you as their urban mobility testimonial.

All the data collected are anonymised and shared with the local administrations of reference to provide a support tool for the implementation of urban sustainable mobility policies. In addition, some of the data collected, once anonymized, are made available to the community in an aggregate way (so-called Open Data).

MUV embraces the whole community, allowing citizens to play in tournaments, challenges and missions to encourage them to adopt more sustainable and healthy mobility habits, public and private organisations to improve their relationship with users/clients and local administrators to design more effective urban policies.

By offering rewards and discounts, public and private organisations that are partners of the MUV initiative become supporters of athletes, teams and tournaments.

For them MUV is an innovative communication system to reach users and customers through a message of social and environmental responsibility.

Rather than focusing on complex and expensive infrastructural interventions, MUV promotes a change towards more sustainable mobility decisions and behaviors by directly involving local communities, companies and political decision-makers.

Art.4 - Changes to the Terms of Use

We reserve the right to change these Terms & Conditions at any time. In such a case, we will inform you, either by posting the modified Terms & Conditions on the Website (www.muvapp.eu) or in the App, or by other means of communication.

It is important that you consult the Terms with each change because, if you continue using the Services after posting the updated Terms on the Site or App or if you have been notified of this, you agree to abide by the amended Terms & Conditions.

If you do not agree to comply with the modified Terms, you may no longer use the Services. As our Services evolve over time, we may modify or discontinue them in whole or in part, at any time and without prior notice.

Art.5 - Privacy

Please see our Privacy Policy for information on how we collect, use and disclose information from our users.

Art.6 - Eligibility and account registration

To use the services of the MUV App, you must create a one-time account. Certain content (e.g. information on urban travelling) are recorded on an ongoing basis once the application has been authorised for data collection. By registering, you confirm that you are aware of and unconditionally accept the content of these Terms & Conditions of Use, that all registration data is true, accurate, current and complete, and that you agree to keep all registration information up to date. Once you have registered, you can access the App by entering your email address and the chosen password.

It is important that you provide us with accurate, complete and current information about your Account and that you agree to update such information as necessary in order to keep it accurate, complete and current. Otherwise, we may be forced to suspend or terminate your Account. You agree not to disclose your Account password to any third party and to notify us immediately of any unauthorized use of your Account.

You are responsible for all activities related to your Account, regardless of whether you are aware of them or not.

Art.7 - Use by minors under the age of 16

To ensure the best possible protection and safety in urban travel, children under the age of sixteen are not allowed to register with the MUV App and use its services. In case of reporting and verification of accounts referable to a person under the age of sixteen (16), the account will be deleted.

Art.8 - Safe gaming

During the game, please be aware of your surroundings and play safely. You agree that your use of the App and the game is at your own risk and assume all liability for any claims that may arise during your use of the Services. You further agree not to use the application to violate any law, rule or regulation (including, without limitation, violation laws) and not to encourage or permit any third party to violate any law, rule or regulation. PUSH shall not be liable for any material damage, personal injury or death that may occur while using our Services, including any legal action in connection with the violation of any law, rule or regulation or in case of alleged negligence or other non-contractual liability on the part of the User. In addition, in the event of a dispute with one or more users of the App, you agree to indemnify PUSH and any other entity related to the MUV consortium from any legal action, claim and damage (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and confidential, arising out of or in any way related to such disputes.

Art.9 - Rights related to the App

Subject to your compliance with these Terms, PUSH grants you a limited, non-exclusive, non-transferable to third parties license to download and install a copy of the App on a mobile device and to use that copy of the App solely for your own non-commercial and personal purposes.

Art.10 - Content and content-related rights

For the purposes of compliance with and interpretation of these Terms & Conditions of Use of the MUV App, terminological clarifications are provided:

  • “Content” means: text, software, scripts, graphics, photographs, sounds, music, videos, audiovisual combinations, interactive features, works of art of any kind and information or other materials that are published, generated, provided or otherwise made available through the Services.
  • “User Content" means any content that Account holders make available. Content includes without limitation User Content.

Subject to your compliance with these Terms & Conditions, you are granted by PUSH a personal, non-commercial, non-exclusive, non-transferable, non-licensable, revocable license to download, view, publish and use the Content solely in connection with your permitted use of the Services.

Art.11 - Ownership of content

PUSH does not claim any ownership rights in any User Content and nothing in these Terms & Conditions shall limit any rights you may have in the use and exploitation of your content. Notwithstanding the foregoing, PUSH and any of its licensors own exclusively all right, title and interest in the Services and Content, including all associated intellectual property rights. By accepting this document, you agree that the Services and Content are protected by copyright, trademarks and other intellectual property rights in accordance with Italian and European legislation. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights incorporated in or related to the Services or Content.

Art.12 - PUSH rights

By accepting this document, you grant PUSH the following rights:

  • Tracking Right: As a user you agree that once you have started the game as a result of the voluntary action to start tracking, PUSH will track your movement and automatically certify the declared means of transport until such activity is voluntarily interrupted.
  • Right of Disclosure: PUSH has the right to save the content or disclose it to third parties or members of the MUV Consortium to the extent permitted and required by law, or when legally permitted and reasonably necessary, in order to:
    • Respect the law, or judicial or administrative orders;
    • Ensure compliance with this document;
    • React to reports of violations of law by third parties;
    • afeguard the rights, property or personal safety of MUV, PUSH, the MUV Consortium, its users and the general public.
  • Right to Use Content: As a user you grant MUV an irrevocable, free, non-exclusive and unlimited right to use all content you generate, transmit, save and publish. Accordingly, MUV shall have the right to use, all content. This includes the right to change and modify such content, unless such changes or modifications do not harm your material interests. In this regard, to the extent permitted by law, you expressly renounce all intellectual property rights.
  • Inaccurate content: MUV is not responsible for inaccurate content created by users, e.g. details of routes or events, etc..

Art 12bis - Informed Consent

As a user and in compliance with the provisions of CE Regulation 2016/679 (so-called GDPR) on the protection of privacy and personal data of citizens of the European Union, you have the right to accept or not accept, by means of the screen provided within the MUV App MUV the following features that, if accepted, will ensure a complete and optimal functionality of the game:

  • Receive personal advice on your mobility habits and participate in tournaments (so-called Training and Challange) to improve your habits of sustainable mobility.
  • Receive offers from Local Business (e.g. discounts, coupons, promotions, etc.) and any rewards arising from participation in tournaments.
  • Allow the archiving of data (previously aggregated and anonymized) for the creation of commercially usable databases.
  • Be included in the mailing list to receive communications about our services and any newsletters related to MUV.

These preferences can be changed at any time in the Settings section of the app.

Art 13 - Prizes and Discounts

Within the MUV App, only after you have given your consent in the appropriate screen in the App, individual or group activities will be proposed with the constant objective of developing sustainable mobility methodologies. The completion of these activities (so-called Challenge or Training) will allow you to receive physical or virtual prizes. These prizes may consist of objects of predetermined value made available by the so-called Local Businesses, i.e. businesses linked to the MUV App and to PUSH through a partnership agreement, which are required to recognize the prize to you if the occasion arises, or in discount vouchers or coupons to be used at the local businesses.

Local businesses are obliged to fulfil their obligation to the user. In the event of any problems, it will be necessary to contact PUSH at the e-mail address legal@wepush.org.

Art 14 - Limitation of liability

General information: PUSH can be held liable under the law, regardless of the legal basis of this liability (pre-contractual, contractual, illegal) only if it has caused a certain damage intentionally or through gross negligence. In the event of slight negligence, MUV shall not be liable to other companies and shall only be liable to consumers for personal injury.

Download: PUSH assumes no responsibility for the material downloaded or material obtained as a result of the use of MUV. The registered user is solely responsible for any damage caused by such material to his device, or for any information lost as a result of the download.

Art 15 - Responsibilities, General prohibitions and Enforcement of PUSH rights

You agree to be responsible for your own behaviour and User Content during the use of the Services and for any consequences. By way of non-exhaustive example, you agree, during the use of the Services and the Content, not to:

  • Defame, abuse, harass, damage, prosecute, threaten, or otherwise violate the legal rights (including privacy and publicity rights) of others;
  • Upload, post, send, transmit or otherwise disseminate any unlawful, inappropriate, defamatory, obscene, pornographic, vulgar, offensive, fraudulent, false, misleading or deceptive Content or message;
  • Promote or participate in episodes of discrimination, fanaticism, racism, hatred or harassment of any individual or group;
  • Violate, or in any way access or attempt to access any property or place where you do not have a right or permission to access;
  • Violate, or encourage any conduct that could violate any applicable law or regulation or would give rise to civil liability;
  • Upload, post, or otherwise disseminate any commercial messages or advertisements, pyramid schemes, or other disruptive notices;
  • Impersonate or deceptively represent your affiliation with another person or entity;
  • Promote or instruct on illegal or harmful activities or substances;
  • Promote or engage in physical harm, violence or injury to any group or individual;
  • Transmit viruses, worms, bugs, trojans or any other element of a destructive nature;
  • Submit, modify or remove false, falsified, misleading or inadequate data;
  • Post, upload, disclose, post or transmit any content that infringes, violates or misappropriates any patent, copyright, trademark, trade secret, moral right or other intellectual property right, right of publicity or the privacy of any third party;
  • Use, disclose, duplicate or display the Services or any individual item within the Services, the name of PUSH or MUV, any trademarks, logos or other proprietary information of PUSH or the MUV Consortium, or the layout and design of any page or form contained on a page, without the express written consent of PUSH;
  • Accessing, tampering with or using non-public areas of the Services, the computer systems of PUSH and the MUV Consortium or the delivery systems of the technical suppliers of PUSH and the MUV Consortium;
  • Avoid, bypass, remove, disable, endanger, reverse engineer or otherwise circumvent any technological measures implemented by PUSH or any of the suppliers of PUSH and the MUV Consortium or any other third party (including another user) to protect the Services or Content;
  • Attempt to access or investigate the Services or Content or download content from the Services through the use of any technology or means other than those provided by PUSH or other generally available third party browsers (such as, for example, automation software, bots, spiders, crawlers, data mining or hacking tools, tools, agents, engines, or devices of any kind);
  • Export, extract, index, copy or duplicate the Services or the Content or any part thereof;
  • Interfere, or attempt to interfere, with the access of any user, host or network including, without limitation, by sending a virus, overloading, flooding with email, spamming or blocking the email of the Services;
  • Take any action that imposes, or may impose, an unreasonable or disproportionate burden on the Services or infrastructure of PUSH;
  • Delete, obscure or in any way modify any attribution, warning or link that appears in the Services or Content;
  • Use the Services or Content, or any part thereof, for any commercial purpose or for the benefit of a third party or in a manner not permitted by these Terms;
  • Although we are not obligated to monitor access to or use of the Services or Content or to review or edit any content, we are entitled to do so for the purposes of managing the Services, ensuring compliance with these Terms and complying with applicable regulatory requirements. We reserve the right, but are not obligated to do so, to remove or disable access to any Content at any time and without notice, for example if, in our sole discretion, we believe that any Content is objectionable or in breach of these Terms.

Art 16 - Feedback

We appreciate feedback such as comments and suggestions to improve the Services ("Feedback"). You can give us feedback by sending an email to tech@wepush.org.

You grant us a non-exclusive, global, perpetual, irrevocable, royalty-free, fully remunerated, sublicensable and transferable license to any intellectual property right you own or control to use, copy, modify, create derivative works from, or exploit your Feedback for any purpose.

Art 17 - Copyright law

PUSH and the MUV consortium respect copyright laws and expect its users to do the same.

It is part of PUSH's policy to close accounts responsible for repeated violations, ascertained or presumed, of the copyright concerned under appropriate circumstances.

Art 18 - Dispute resolution and applicable law

These Terms and any action relating thereto must be governed by the laws of Italy, even in the event of any conflict between the rules in force. The place of jurisdiction is the Court of Palermo.

Art 19 - Arbitration agreement

You and PUSH agree that any disputes or actions out of or relating to these Terms or your violation, termination, application, interpretation and validity of these Terms or your use of the Services or Content (collectively, "Disputes") must be resolved by binding arbitration, except where each party has the right: (a) to bring an individual action before the Justice of the Peace and (b) to seek compensation or other equivalent relief in a court of competent jurisdiction to prevent an action or threat of infringement misappropriation of any party's copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in subsection (b), a "IP Protection Action").

Without limiting the foregoing sentence, you shall also have the right to have recourse to any other Disputes by means of written notice attesting your intention delivered to PUSH by e-mail or by regular mail to legal@wepush.org or Piazza Sant'Anna, 3 Palermo within thirty (30) days of the date of acceptance of these Terms (notice called "Notice of Waiver of Arbitration"). If you do not deliver to PUSH a Waiver of Arbitration Notice within thirty (30) days, you will be deemed to have knowingly and deliberately waived your right to appeal to a Dispute, except as expressly set forth in paragraphs (a) and (b) above.

Art 20 - General terms

These Terms and any action related thereto must be governed by the laws of Italy, even in the event of conflicts between the laws in force. These Terms constitute the entire and exclusive understanding and agreement between PUSH and the MUV Consortium and the User with respect to the Services and Content, and these Terms & Conditions derogate from and supersede all oral or written agreements or understandings between PUSH and the MUV Consortium and the User with respect to the Services and Content. If any provision of these Terms is held to be invalid or unenforceable that provision will be implemented to the maximum extent permitted and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms & Conditions. Any attempt by you to assign or transfer these Terms & Conditions without such consent shall be null and void. PUSH may freely assign or transfer these Terms & Conditions without any restrictions. Notwithstanding the foregoing, these Terms & Conditions must be binding upon and effective for the benefit of the parties, their successors and authorized assigns.

Any notices or other communications provided by PUSH or the MUV Consortium pursuant to these Terms & Conditions, including those regarding changes thereto, must be provided by email. For communications made by e-mail, the date of receipt must be deemed to be the date on which such notification is transmitted.

If PUSH does not enforce any right or provision of these Terms & Conditions, this must not be deemed a waiver of such right or provision. A waiver of such right or provision must be effective only if in writing and marked by a duly authorized representative of PUSH. Except as expressly provided in these Terms & Conditions, the exercise of any part of any of its remedies under these Terms & Conditions must not affect any other remedies whether or not mentioned in these Terms & Conditions.

Art 21 - Contact information

If you have any questions about these Terms & Conditions or the Services, please contact PUSH at legal@wepush.org.

Download MUV Today!

By using MUV you’ll develop more healthy and environmental friendly mobility habits, you’ll add new values in your relationship with small local shops and you’ll help policy makers in improving sustainable urban policies.