2. The Been There ServiceThrough this agreement, we agree to provide you with the Been There Service (“Service”). The Services includes all of the Been There products, features, applications, services, technologies, and software that we provide to advance Been There's mission: To make travel more meaningful and relevant. As humans, we are explorers and therefore, traveling is a passion for many. Through Been There Service we want to upgrade your travel experiences through shared experiences from those who you trust and/or like. So the systems we have built allow the user to share their authentic and unique experiences of any place they have visited and add places they wish to see. Users can follow fellow travelers and develop their network of travelers they admire, family and friends their trust, and people they share a similar travel style.
3. Update of These TermsWe reserve the right to update these Terms periodically without notice to you. You acknowledge and agree that it is your responsibility to review these Terms on the Platform and be aware of updates. We will always provide the date of the last revisions. Additionally, we will notify the registered users of the Platform of the updates to these Terms by sending a notice to the email address provided to us at registration. Your continued use of this Platform after such modifications will constitute your acknowledgement of the updated Terms to abide and be bound by the modified Terms.
4. Modification to any Services Provided on PlatformYou are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a phone and internet services.
We reserve the sole right to either modify or discontinue the Platform, including any services therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to the addition of fee-based services, third-party integrations, changes to limitations on allowable photo sizes, number of places or maps that can be added to your profile, number of searches of places or maps etc. Any new services that augment or enhance the performance of the Platform shall also be subject to these Terms. You understand and agree that temporary interruptions of the services available through this Platform may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Platform, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this Platform are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
6. Platform RulesParts of the Been There Platform enable you to provide review and rating, location of places, view maps, photos, information, and other content (collectively, “Content”). By accepting these Terms, you acknowledge and agree that all Content presented to you on this Platform is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Been There, Inc. You are only permitted to use the content as authorized by us or the specific content provider. You agree that, without prior written permission from us, you will not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Platform in any form or by any means. Any unauthorized use of the materials is subjected to Copyright Policy in Section 9.
Additionally, you agree not to:
We don’t warrant or represent that your use of materials displayed on, or obtained through, this Platform will not infringe the rights of third parties. In the event that any party believes that content posted on this Platform infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party, please alert us immediately at email@example.com.
- - Use this Platform or its content for any commercial purposes without the written permission from us;
- - Use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Been There Platform;
- - Violate robot exclusion headers on this Platform or bypass other means to prevent or limit access to this Platform;
- - Hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Been There Platform or Content;
- - Decipher, decompile, disassemble, translate, reverse engineer, "frame", "mirror" or otherwise include any part of this Platform into any other Platform without our prior written authorization;
- - Take any action that could damage or adversely affect the performance or proper functioning of the Been There Platform; or
- -Create, in our judgement, an unreasonably burdensome load on our infrastructure.
You expressly agree not to upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
We reserve the right to remove any content that, in our judgment, does not comply with these Terms and any other rules of user conduct for our Platform, or is otherwise harmful, objectionable, or inaccurate. We will do our best to remove such content at our earliest, but we are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
- - Discriminates other users of the Platform on the basis of Race, Color, Ethnicity, National Origin, Religion, Sexual Orientation, Gender Identity, or Marital Status;
- - Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- - Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- - Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- - Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- - Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- - Impersonates any person or entity, including any of our employees or representatives.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. You shall not interfere with anyone else's use and enjoyment of the Platform. Users who violate systems or network security may incur criminal or civil liability, and permanently removed from the Platform.
You agree that we may at any time, and at our sole discretion, terminate your membership without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other Platforms, including cooperating with law enforcement authorities in investigating suspected criminal violations.
8. Content Contributed by Other UsersWe assume no responsibility or liability for any information, media, hyperlinks, or recommendations provided to you or through the Platform by other users. If you become aware of misuse of the Platform, please alert us immediately at firstname.lastname@example.org.
9. Copyright PolicySince we respect Content owner rights, it is Been There’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Platform, please notify Been There’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- - An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- - Identification of the copyrighted work that you claim has been infringed;
- - Identification of the material that is claimed to be infringing and where it is located on the Service;
- - Information reasonably sufficient to permit Company to contact you, such as your address, telephone number, and, e-mail address;
- - A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- - A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
- - The above information must be submitted to the following DMCA Agent (we prefer email):
Attn DMCA Notice
Been There, Inc.
250 Meridian Street, 204
Boston, MA 02128
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Been There, Inc that your copyrighted material has been infringed. The preceding requirements are intended to comply with Company’s s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Been There, Inc has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. Been There, Inc may also at its sole discretion limit access to the Platform and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
11. Disclaimer of WarrantiesAll materials and services on this platform are provided on an "AS-IS" and “AS AVAILABLE” basis without warranty of any kind, either express, implied, or statutory, including, but not limited to, any warranty of merchantability, fitness for a particular purpose, or against non-infringement. We are not responsible for and make no warranties, express or implied, as to the accuracy, reliability, or specific results of content or information submitted on the platform. Content or information submitted by you or other users on the Platform does not necessarily reflect our opinions or policies and may contain false or misleading information. Additionally, we are not responsible for any injury, damage, or losses caused by users of the Platform or by any of the equipment or software used by the Platform. We are not responsible for the conduct of any user on the Platform, but we will make our best attempt to ensure all users adhere to the Terms of Platform. We take no responsibility for third-party advertisements that are posted on the platform, nor do we take responsibility for products or services that they promote.
12. Limitation of LiabilityYour exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of this Platform shall be limited to the amount you paid us for the services on the platform before the act giving rise to the liability.
In no event shall we be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this Platform. Further, we shall not be liable in any way for third party goods and services offered through this platform or for assistance in conducting commercial transactions through this platform, including without limitation the processing of orders. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.
13. IndemnificationUpon a request by us, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Platform. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
14. TerminationYou agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Platform with or without notice and for any reason, including, without limitation, breach of these Terms.
Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Platform immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Platform. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
15. Jurisdiction and Governing LawThis Platform is controlled from our offices within the State of Massachusetts, USA. This Agreement is governed by the laws of the State of Massachusetts, USA. You hereby consent to the exclusive jurisdiction and venue of courts in the State of Massachusetts, USA.
Each of the parties hereby knowingly, voluntarily, and intentionally waives any right it may have to a trial by jury in respect of any litigation (including, but not limited to, any claims, counterclaims, cross-claims, or third party claims) arising out of, under, or in connection with these terms. Further, each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such party would not, in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each of the parties acknowledges that this section is a material inducement for the other party entering into these terms.