HaveYouBeenHere

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Important

Please read these Terms of Use carefully before using the services offered by Haveyoubeenhere. These terms of use set forth the legally binding terms and conditions for your use (as “User(s)”) of the website at https://www.haveyoubeenhere.com and the Haveyoubeenhere Android and iOS apps (the “Platform”) and the services, features, content, applications or widgets offered by Haveyoubeenhere (collectively with the platform, the “Service”).

Acceptance of Terms

By registering for and/or using the Service in any manner, including but not limited to visiting or browsing the Platform, you agree to all of the terms and conditions contained herein ("Terms of Use"), which also incorporate Haveyoubeenhere’s Privacy Policy and all other operating rules, policies and procedures that may be published from time to time on the Platform by Haveyoubeenhere, each of which is incorporated by reference and each of which may be updated by Haveyoubeenhere from time to time. Any amendment of these Terms of Use will be announced at least one (1) month before it will take effect. If the User does not agree to an amendment, it has the right to terminate the agreement as of the date the amendment would have entered into force. In addition, some services offered through the Service may be subject to additional terms and conditions specified by Haveyoubeenhere 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 the Service, including, without limitation, Users who are contributors of content, information, and other materials or services on the Platform, individual Users of the Service, businesses that access the Service, and Users that have a page on the Service.

Access

Subject to these Terms of Use, Haveyoubeenhere may offer to provide the Services, as described more fully on the Platform, and which are selected by you as User, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Haveyoubeenhere performs for you, any applications or widgets offered by Haveyoubeenhere that you download from the Platform or, subject to the terms set out under the "Third party Sites and Services" section below, from third party application stores (e.g., iTunes® store and Google Play Store) authorized by Haveyoubeenhere, as well as the offering of any materials displayed or performed on or through the Services (including Content (as defined below)).

Registration and Eligibility

You may browse the Platform and view Content without registering, but as a condition to using certain aspects of the Service, you are required to register and become a User with Haveyoubeenhere and represent, warrant and covenant that you provide Haveyoubeenhere with accurate and complete registration information through Steem or Facebook and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Haveyoubeenhere account.
You shall not:
• create any account for anyone other than yourself without such person’s permission;
• use a User Name that is the name of another person with the intent to impersonate that person;
• use a User Name or Haveyoubeenhere account that is subject to any rights of a person other than you without appropriate authorization; or
• use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.

Haveyoubeenhere reserves the right to refuse registration of, or cancel a User Name, or transfer ownership of a User Name in its sole discretion. Users are solely responsible and liable for activity that occurs on their account and shall be responsible for maintaining the confidentiality of their Haveyoubeenhere login. You shall never use another User’s account without such other User’s prior express permission. You will immediately notify Haveyoubeenhere in writing of any unauthorized use of your account, or other account related security breach of which you are aware. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service. The Service is not available to individuals who are younger than 16 years old. Haveyoubeenhere may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Platform or Services in any way.

You understand that you are responsible for any charges associated with sending communications via your device. You hereby acknowledge that you have the right to communicate with your contacts via the Service.

Content

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Haveyoubeenhere 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 Service 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. You acknowledge that any image posted through Haveyoubeenhere (either Public or Private) is publicly accesible through the image url. 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 Haveyoubeenhere on or through the Service. You retain the intellectual property rights relating to the Content you make available through the Service. You acknowledge and accept that by making the Content available through the Service, you automatically and free of charge grant Haveyoubeenhere an unlimited, worldwide, irrevocable, sublicensable and transferable right to reproduce, distribute, redistribute, modify, translate, adapt, prepare derivative works, display and otherwise use all or part of the Content, by any and all means, to the extent that this is required in the context of providing the Service and/or our business activities.

User represents and warrants that it has all rights to grant the licenses as laid down in article of these Terms of Use, without infringing or violating any third party rights, including but limited to, any privacy rights, publicity rights, Intellectual Property Rights or any other proprietary rights. User indemnifies Haveyoubeenhere against any and all third party claims, based upon any alleged infringement of such third party rights in relation to the Content.

Haveyoubeenhere content

The Service contains Content specifically provided by Haveyoubeenhere or its partners and such Content is protected by intellectual property rights and associated rights, including copyrights, trademark rights, patent rights, design rights, trade name rights, database rights, and neighboring rights, as well as rights to knowhow (“Intellectual Property Rights”). You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service. Subject to these Terms of Use, Haveyoubeenhere grants each User of the Platform and/or Service a worldwide, non-exclusive, non-sublicensable and non-transferable license 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 Haveyoubeenhere, or from the Intellectual Property Right holder, as applicable. You shall not sell, license, 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 Submissions

Content added, created, uploaded, submitted, distributed, posted or otherwise obtained through the Service by users, including Content that is added to the Service in connection with users linking their accounts to third party websites and services, is collectively referred to as, "User Submissions."

Public and Private User Submissions

User Submissions that are, or ever have been, part of a trip, post or waypoint that have a “Public” privacy level, or that are not part of a trip, post or waypoint (for example your public profile information) are collectively referred to as “Public User Submissions”. Users Submissions that are (and always have been) part of a trip, post or waypoint that has a “Private” or “Followers” privacy level, are collectively referred to as “Private User Submissions”. Users and/or Third Party Media that you granted access to your trip, for example by accepting them as your follower, by (either directly or indirectly) sharing your secret link with them, or by setting your trip’s privacy level to public, are collectively referred to as “Authorised Users”.

Use of Public User Submissions

We may use your Public User Submissions in a number of different ways in connection with the Platform, Service and Haveyoubeenhere’s business as Haveyoubeenhere may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications (“Third Party Media”).

Licenses

By submitting User Submissions on the Platform or otherwise through the Service, you hereby do and shall grant Haveyoubeenhere a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license 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 the Platform, the Service and Haveyoubeenhere’s (and its successors and assigns\’) business, including without limitation for redistributing part or all of the Platform (and derivative works thereof) or the Service in any media formats and with any Authorised Users through any media channels (including, without limitation, third party websites and feeds).
You also hereby do and shall grant each Authorized User, including Third Party Media, a non-exclusive license to access your User Submissions through the Platform and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, create and order a photo album of, display and perform such User Submissions in connection with their use of the Platform, Service and Third Party Media. For clarity, the foregoing license grant to Haveyoubeenhere does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with Haveyoubeenhere. You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights. You understand that all information publicly posted or privately transmitted through the Platform is the sole responsibility of the person from which such Content originated; that Haveyoubeenhere will not be liable for any errors or omissions in any Content; and that Haveyoubeenhere cannot guarantee the identity of any other Users with whom you may interact in the course of using the Service.

Deletion of User Submissions

When you delete your User Submissions, they will be removed from the Service. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period (but following removal will not be shared with others) or may remain with Users who have previously accessed or downloaded your User Submissions.

Aggregated Pools of Information

Data collected by Haveyoubeenhere by analysing User Submissions and the general behaviour of Users, including visits to geographical locations and venues, is collectively referred to as, "Collected Data."
We may access and include your Collected Data in a pool of data used by Haveyoubeenhere to generate and provide estimates of travel trends and behaviour (e.g., amount of visits to a certain location, popularity trends for locations or venues), including across demographics and geographies, to subscribers of Haveyoubeenhere Travel Intelligence and/or to other Users. Subscribers to Haveyoubeenhere Travel Intelligence and/or other Users never receive your specific set of Collected Data in an identifiable form. You hereby acknowledge and consent to the use of your Collected Data in this manner by using Haveyoubeenhere. Except as described herein, your specific set of Collected Data will not be provided to a third party in an identifiable form without your consent, unless we conclude that it is required by law, such as to comply with a subpoena or similar legal process, or when we believe in good faith that disclosure is necessary to protect our rights, implement a change of control transaction, protect your safety or the safety of others, investigate fraud, or respond to a government request.
If you decide to delete your account, any Collected Data that has already been included in the pool of data used by our Data Analysis Tools will not be deleted. Additional information on our Deletion practices can be found in our Privacy Policy.
In addition to the foregoing, you hereby grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable right to use your Collected Data for internal purposes to operate and improve our Services (including Haveyoubeenhere Travel Intelligence) for you and other Users, and to build and operate new services and products. A limited number of Haveyoubeenhere employees (including those of third-party service providers authorized to carry out tasks on our behalf, as described in our Privacy Policy) may log in to your account and/or access your User Submissions in order to maintain and/or improve the Services.

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Service. Additionally, you shall abide by all applicable national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, 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;
• you know is false, misleading, untruthful or inaccurate;
• is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by Haveyoubeenhere in its sole discretion;
• constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
• involves commercial activities (whether or not for profit) and/or sales without Haveyoubeenhere’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
• contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Haveyoubeenhere or any third party;
• impersonates any person or entity, including any employee or representative of Haveyoubeenhere;
• includes anyone’s identification documents or sensitive financial information; or
• breaches the Privacy Policy and/or any of the other policies and rules incorporated herein.

Haveyoubeenhere has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any user who publishes or distributes child pornography.

You shall not (directly or indirectly):
• take any action that imposes or may impose (as determined by Haveyoubeenhere in its sole discretion) an unreasonable or disproportionately large load on Haveyoubeenhere’s (or its third party providers\’) infrastructure;
• interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
• bypass any measures Haveyoubeenhere may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
• run any form of auto-responder or "spam" on the Service;
• use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Platform;
• harvest, scrape, copy or mirror any Content from the Service;
• modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or Platform Content (other than your User Submissions), except as expressly authorized by Haveyoubeenhere;
• decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
• copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
• otherwise take any action in violation of Haveyoubeenhere’s guidelines and policies.

Haveyoubeenhere does not guarantee that any Content or User Submissions (as defined above) will be made available on the Platform or through the Service. Haveyoubeenhere has no obligation to monitor the Platform, Service, Content, or User Submissions. However, Haveyoubeenhere reserves the right to (i) remove, suspend, edit or modify any Content in its sole discretion, including without limitation any User Submissions at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Haveyoubeenhere is concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove, suspend or block any User Submissions from the Service. Haveyoubeenhere also reserves the right to access, read, preserve, and disclose any information as Haveyoubeenhere reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Haveyoubeenhere, its users and the public.

Feedback and Unsolicited Idea Submission Policy

Haveyoubeenhere welcomes your feedback regarding Haveyoubeenhere’s existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us at support@haveyoubeenhere.com. Please provide only specific feedback on Haveyoubeenhere’s existing products or marketing strategies; do not include any ideas that Haveyoubeenhere’s policy will not permit it to accept or consider. Any feedback you provide to Haveyoubeenhere or any of its employees shall be deemed to be non-confidential. Haveyoubeenhere shall be entitled to the unrestricted use of the feedback for any purpose whatsoever, commercial or otherwise, without compensation or attribution to you.

Third Party Sites and Services

The Service may permit Users to link to other websites, apps, 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 Haveyoubeenhere’s control, and you acknowledge that Haveyoubeenhere 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 Haveyoubeenhere or any association with its operators. You further acknowledge and agree that Haveyoubeenhere shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be 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 or resource.

Conditions of sale

Eligibility and Credit Card Terms

To order any Haveyoubeenhere or other products, Users must be at least eighteen (18) years of age or the applicable age of majority in their jurisdiction. You will be required to give us a valid credit card number (VISA, MasterCard, American Express or any other issuer then accepted by us) or debit card, and associated payment information at the time you order Haveyoubeenhere or any other products hereunder, including all of the following:
• Your name as it appears on the card
• The credit card type
• The date of expiration of your credit card
• Billing address
• Any activation numbers or codes needed to charge your credit card.

Haveyoubeenhere does not accept cash or checks, although it reserves the right to change this policy in the future. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before Haveyoubeenhere invoices the credit card for all amounts due and payable. By providing Haveyoubeenhere with your credit card number and associated payment information, you agree that Haveyoubeenhere is authorized to immediately invoice your account for all fees and charges due and payable to Haveyoubeenhere as a result of your purchase of any products. You agree to immediately notify Haveyoubeenhere of any change in the credit card used for payment hereunder or in any associated information. Haveyoubeenhere reserves the right, at any time, to change its prices and billing methods for products sold, either immediately upon posting on the Service or by e-mail delivery to you.

Haveyoubeenhere Credit

Any credit issued to you by Haveyoubeenhere has no cash value and is not exchangeable as cash. Haveyoubeenhere credit may be redeemed towards future purchases using your Haveyoubeenhere account, and your Haveyoubeenhere credit will be automatically applied in the checkout process. Haveyoubeenhere credit is valid for 1 year from the date of last purchase, or if the User has not purchased, from the date of registration as a Haveyoubeenhere User. If your Haveyoubeenhere credit expires, it will be removed from your Haveyoubeenhere account.

Haveyoubeenhere Coupon Codes

Haveyoubeenhere may offer you promotional coupon codes (“Coupon Codes”), which give you a discount when buying services. Any Coupon Code issued to you by Haveyoubeenhere has no cash value and is not exchangeable as cash. Haveyoubeenhere Coupon Codes may be redeemed towards future purchases using your Haveyoubeenhere account, and you can enter your Coupon Code at the last step of the checkout process. Only one Coupon Code can be used per order. Coupon Codes are valid until the date mentioned on the Coupon Code, or otherwise until 6 months after you have first received the code. Coupon Codes cannot be applied to shipping and processing, taxes, previous purchases or other products on the Haveyoubeenhere Platform. Additional charges may apply for import taxes, unless otherwise specified. We reserve the right to change or cancel the terms and/or value of Coupon Codes at any time without notice.

Fees and Charges

You agree to pay all fees and charges incurred in connection with your orders and purchases (including any taxes imposed on your orders and purchases, including, but not limited to, applicable shipping fees, sales, use or value-added taxes) at the rates in effect when the charges were incurred. Fees charged for goods and services may change at any time without advanced notice. Haveyoubeenhere may automatically charge and withhold such fees and charges for orders to be delivered to addresses within any jurisdictions that it deems is required. When you order products for overseas delivery, shipments may be subject to import duties and taxes, which are levied when the package with the products arrives at the destination that you specified. Any charges for customs clearance shall be borne by you, as Haveyoubeenhere has no control over such charges and cannot foresee the amount charged (if any). You agree that you are the importer of record for goods and services you order and you shall comply with all laws and regulations of the destination country.

Disputes

You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Such notification shall be sent to the following email-address: support@haveyoubeenhere.com.

Returns

All sales are subject to Haveyoubeenhere’s then-current return policies

Title and Risk of Loss

All products purchased through the Service are made pursuant to a shipment contract. Risk of loss and title for such products pass to you upon our delivery to the carrier.

Orders and Specifications

To place an order you will need to follow the order procedure set out on the site. Details of the price payable in respect of any product and the procedure for payment are displayed on the site. All products are offered for sale subject to availability and subject to our acceptance of your order.
We reserve the right to reject any order without the obligation to assign any reason for so doing. No order shall be deemed accepted by us until we have confirmed it unconditionally in the order confirmation. The order confirmation will contain details of your order, the price and an estimate of the delivery time for the order. It is your responsibility to contact us and notify us of any error or mistake with the order as soon as reasonably practicable. Failure to do so may lead to the incorrect order being sent out to you. Any times or dates stated for delivery are estimates only. We will make reasonable efforts to deliver goods within the time specified, but we do not accept liability for any failure to deliver within that time. We endeavor to display and describe as accurately as possible the printed colors on the products which appear on our site, but we cannot undertake to give any assurance that the colors supplied will exactly match those displayed on your monitor or mobile telephone. We may revise, discontinue or modify products or services at any time without prior notice to you and products may become unavailable without notice. We shall have no liability of any kind if any product or service is not available.

Termination

Haveyoubeenhere may terminate your access to all or any part of the Service 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 membership. If you wish to terminate your account, you may do so by following the instructions on the Platform. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer

You acknowledge that Haveyoubeenhere has no control over, and no duty to take any action regarding: which Users gain access to the Service; what Content you access via the Service; 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. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Haveyoubeenhere makes no representations concerning any Content contained in or accessed through the Service, and Haveyoubeenhere will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service. You release us from all liability relating to your connections and relationships with other Users. You understand that we do not, in any way, screen Users, nor do we inquire into the backgrounds of Users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of Users or the veracity of any information Users provide. 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 or meetings with Users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.

Indemnification

You shall defend, indemnify, and hold harmless Haveyoubeenhere, 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 the your account, of any Intellectual Property Right or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of Haveyoubeenhere). Haveyoubeenhere 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 Haveyoubeenhere in asserting any available defenses.

Liability

Haveyoubeenhere’s liability, whether based upon (attributable) default, unlawful act or any other ground, is excluded.

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 Haveyoubeenhere agree that any cause of action arising out of or related to the Service 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 Belgium. 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 Ghent to which the Parties irrevocably submit.

Integration and Severability

These Terms of Use are the entire agreement between you and Haveyoubeenhere with respect to the Service and use of the Platform, Service, Content and User Submissions, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Haveyoubeenhere with respect to the Platform. 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 these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, Haveyoubeenhere must provide you with written notice of such waiver through one of its authorized representatives.

Modification of Terms of Use

Haveyoubeenhere reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Platform or by sending you notice through the Service or via email. Haveyoubeenhere may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

Miscellaneous

Haveyoubeenhere shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Haveyoubeenhere’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). These Terms of Use are personal to you, and are not assignable, transferable or sub-licensable by you except with Haveyoubeenhere’s prior written consent. Haveyoubeenhere 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 and neither party has any authority of any kind to bind the other in any respect. Unless otherwise specified in these Term of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Contact

You may contact Haveyoubeenhere at support@haveyoubeenhere.com

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