Terms of Use
Acceptance of Terms
By registering for and/or using GoHere in any manner, including but not limited to visiting or using the app or website (from now on referred to as The Platform), you agree to all of the terms and conditions contained herein (“Terms of Use”), which also incorporate GoHere’s Privacy Policy and all other operating rules, policies and procedures that may be published from time to time on The Platform by GoHere. Each of these is incorporated by reference and each may be updated by GoHere from time to time without notice to you in accordance with the terms set out under the “Modification of Terms of Use” section below. Some services offered through GoHere may be subject to additional terms and conditions specified by GoHere from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. These Terms of Use apply to all users of GoHere, including, without limitation, users who are contributors of content, information, and other materials or services on The Platform, individual users of GoHere, and businesses that access GoHere.
Content
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. GoHere cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using The Platform is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms of Use, the term “Content” includes, without limitation, any location information, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, photo albums, and interactive features generated, provided, or otherwise made accessible by GoHere on or through The Platform.
GoHere content
GoHere contains Content specifically provided by GoHere or its users and partners, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through The Platform. Subject to these Terms of Use, GoHere grants each user of The Platform and/or Service a worldwide, non-exclusive, non-sublicensable and non-transferable licence to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from GoHere, or from the copyright holder identified in such Content’s copyright notice, as applicable. You shall not sell, licence, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right.
User Generated Content (User Submissions)
Content added, created, uploaded, submitted, distributed, posted or otherwise obtained through The Platform by users, including Content that is added to The Platform in connection with users linking their accounts to third party websites and services, is collectively referred to as “User Generated Content” (from now on referred to as “User Submissions”). By submitting User Submissions on the Platform, you hereby grant GoHere a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable licence to use, copy, edit, modify, reproduce, analyse, distribute, prepare derivative works of, create a photo album of, display, translate, perform, and otherwise fully exploit the User Submissions in connection with GoHere’s business, including without limitation for redistributing part or all of the Platform (and derivative works thereof) in any media formats and with any authorised users through any media channels (including third party websites and feeds). You also grant each authorised user, including Third Party Media, a non-exclusive licence to access your User Submissions through GoHere. You represent and warrant that you have all rights to grant such licence to us without infringement or violation of any third party rights, including privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights. When you delete your User Submissions, they will be removed from The Platform. However, removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others).
Rules and Conduct
As a condition of use, you promise not to use The Platform for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with The Platform. You shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory codes applicable to your industry. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action or upload, download, post, submit or otherwise distribute any Content on or through The Platform that: infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; is false, misleading or inaccurate; is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another’s privacy, obscene, offensive, or promotes bigotry, discrimination or violence; constitutes unauthorised or unsolicited advertising or spam; involves commercial activities without GoHere’s prior written consent; contains viruses or other harmful code; impersonates any person or entity; or breaches the Privacy Policy. GoHere has a zero-tolerance policy against child pornography and will terminate and report to the appropriate authorities any user who publishes or distributes such material. GoHere has no obligation to monitor the Platform or Content, but reserves the right to remove, suspend, edit or modify any Content in its sole discretion, and to access, read, preserve and disclose any information as reasonably necessary to comply with law, enforce these Terms of Use, or protect the rights, property or safety of GoHere, its users and the public.
Feedback and unsolicited idea submissions
GoHere welcomes your feedback regarding GoHere’s existing business. Please send it to info@gohere.app and include only specific feedback on existing products or marketing strategies. Any feedback you provide shall be deemed non-confidential and GoHere shall be entitled to the unrestricted use of that feedback for any purpose whatsoever, commercial or otherwise, without compensation or attribution to you.
Third Party Sites and Services
GoHere may permit you to link to other websites, services or resources on the internet, and other websites, services or resources may contain links to the Platform. When you access third party websites, you do so at your own risk. These other websites are not under GoHere’s control, and GoHere is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by GoHere or any association with its operators.
Termination
GoHere may terminate your access to all or any part of The Platform at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your usage. All provisions of these Terms of Use which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Warranty Disclaimer
Save to the extent required by law, GoHere has no special relationship with or fiduciary duty to you. GoHere has no control over which users gain access to The Platform, what Content you access, what effects the Content may have on you, or what actions you may take as a result. You release GoHere from all liability for having acquired or not acquired Content through The Platform. The site, service and Content are provided “as is” and “as available” and are provided without any representations or warranties of any kind, express or implied, including the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, all of which are expressly disclaimed save to the extent required by law. GoHere does not warrant that The Platform will be secure or available at any particular time or location; that any defects or errors will be corrected; that any Content or software is free of viruses or other harmful components; or that the results of using GoHere will meet your requirements. Your use of the Platform is solely at your own risk.
Indemnification
You shall defend, indemnify, and hold harmless GoHere, its affiliates and each of its and its affiliates’ employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities that arise from or relate to your use or misuse of, or access to, the Platform, Service, Content or otherwise from your User Submissions, violation of these Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
Limitation of Liability
All liability of GoHere, its directors, employees, agents, representatives, partners, suppliers or content providers howsoever arising for any loss suffered as a result of your use of the site, service, Content, User Submissions or add-to link is expressly excluded to the fullest extent permitted by law. If a court of competent jurisdiction determines that liability of GoHere has arisen, the total of such liability shall be limited in aggregate to one hundred euros (€100). To the maximum extent permitted by applicable law, in no event shall GoHere be liable for indirect or consequential losses or damages, loss of actual or anticipated profits, loss of revenue, loss of goodwill, loss of data, loss of anticipated savings, wasted expenditure, or cost of procurement of substitute goods or services. Nothing in these Terms of Use excludes or limits liability for death or personal injury resulting from negligence, fraud, theft or other criminal activity, or any liability that cannot be excluded under applicable law.
Governing Law
A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and GoHere agree that any cause of action arising out of or related to GoHere must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. These Terms of Use and any disputes or claims arising out of or in connection with it shall be governed by, and construed in accordance with, the laws of The Netherlands. All disputes or claims arising out of or relating to these Terms of Use shall be subject to the exclusive jurisdiction of the Court in Amsterdam to which the Parties irrevocably submit.
Integration and Severability
These Terms of Use are the entire agreement between you and GoHere with respect to GoHere and use of the Platform, Service, Content and User Submissions, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic). If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the rest of the Terms of Use will remain in full force and effect and enforceable. Failure to exercise any right shall not be deemed a waiver of any further rights.
Modification of Terms of Use
GoHere reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue GoHere (including the availability of any feature, database, or content) at any time by posting a notice on the Platform or by sending you notice through GoHere or via email. GoHere may also impose limits on certain features and services or restrict your access to parts or all of GoHere without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of GoHere following the posting of any changes constitutes acceptance of those changes.
Cancellation of these Terms of Use
In respect of users located in the EEA who wish to receive Services, and/or provide User Submissions, and/or provide or access Content via the Platform, such users may have a right to cancel these Terms of Use under the European Distance Selling Directive (97/7/EC) within 14 days of accepting these Terms of Use, solely to the extent such right applies. If such right to cancel applies, it shall cease to exist from the time of actual use of the Platform, provision of User Submissions, or provision or access of Content via the Platform by such users.
Miscellaneous
GoHere shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond GoHere’s reasonable control, including mechanical, electronic or communications failure. These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with GoHere’s prior written consent. GoHere may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use.
Contact
You may contact GoHere at the following address: Sloterkade 41h, 1057HE Amsterdam. This page is maintained by GoHere; for the authoritative wording please refer to gohere.app/terms-of-use-gohere.