Terms of use GoHere


Important

Please read these Terms of Use carefully before using GoHere offered by Appfocus B.V. (“GoHere”), a company registered in the Netherlands. These terms of use set forth the legally binding terms and conditions for your use of the website at https://www.gohereapp.com and the GoHere Android and iOS apps and features, content, applications or widgets offered by GoHere.


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”) and all other operating rules, policies and procedures that may be published from time to time on The Platform by GoHere, each of which is incorporated by reference and each of which 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. In addition, 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, 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 trough The Platform. 


GoHere content

GoHere contains Content specifically provided by or its users/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 license to use, modify and reproduce the Content, solely for personal, noncommercial 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, 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 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 do and shall grant GoHere 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 GoHere (and its successors and assigns') business, including without limitation for redistributing part or all of the Platform (and derivative works thereof) or The Platform 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 GoHere, 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 GoHere 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 GoHere. 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 Gohere will not be liable for any errors or omissions in any Content; and that GoHere cannot guarantee the identity of any other users with whom you may interact in the course of using The Platform. When you delete your User Submissions, they will be removed from The Platform. However, you understand that any 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. Additionally, 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 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 Platform, including without limitation any User Submission, that:


GoHere welcomes your feedback regarding GoHere’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 [email protected] . Please provide only specific feedback on GoHere’s existing products or marketing strategies; do not include any ideas that GoHere’s policy will not permit it to accept or consider. It's just one more way that GoHere can learn how to best satisfy your needs. Any feedback you provide to GoHere or any of its employees shall be deemed to be nonconfidential. GoHere 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

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 you acknowledge that 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. You further acknowledge and agree that GoHere 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.


Termination

GoHere may terminate your access to all or any part of the 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 termination, including, without limitation, 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. You acknowledge that GoHere has no control over, and no duty to take any action regarding: which users gain access to The Platform; what Content you access via The Platform; 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. You release GoHere from all liability for you having acquired or not acquired Content through The Platform. GoHere may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. GoHere makes no representations concerning any content contained in or accessed through the app, and GoHere will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through The Platform. 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 Platform, 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 Platform. 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 Platform, 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. THE SITE, SERVICE AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. GOHERE, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) GOHERE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH GOHERE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING GOHERE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE, CONTENT AND ADD-TO LINK IS SOLELY AT YOUR OWN RISK. SOME COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.




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 the your account, of any intellectual property 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 GoHere). GoHere 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 GoHere in asserting any available defenses.


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 THE SITE, SERVICE, CONTENT, USER SUBMISSIONS OR ADD-TO LINK IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF GOHERE, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED EURO’S (100 EURO’S). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GOHERE, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT GOHERE, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE, SERVICE, CONTENT, USER SUBMISSIONS OR ADD-TO LINK FOR:

NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, GOHERE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. SOLELY IN RESPECT OF USERS LOCATED IN EUROPEAN ECONOMIC AREA (EEA) AND/OR AUSTRALIA, NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT OUR OR YOUR LIABILITY (AS APPLICABLE) IN RESPECT OF:


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) between you and GoHere 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, GoHere must provide you with written notice of such waiver through one of its authorized representatives.


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 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 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 to these Terms of Use 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) ("Directive") within 14 days of accepting these Terms of Use solely to the extent such right applies under the Directive to such users, save that if such right to cancel applies, it shall cease to exist from the time of actual use of the platform, and/or provision of the User Submissions, and/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, 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 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 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. Solely in respect of users located in the EEA and/or Australia, in respect of these Terms of Use and your use of this Platform, Service, Content or User Submissions, nothing in these Terms of Use shall be deemed to grant any rights or benefits to any person, other than us and you (and our and your respective successors in title or assignees), or entitle any third party to enforce any provision hereof, and we and you agree that we do not intend that any provision of these Terms of Use should be enforceable by a third party by virtue of the Contracts (Rights of Third Parties) Act 1999.


Contact

You may contact GoHere at the following address: Oudeschans 35, 1011 KT, Amsterdam, The Netherlands. Appfocus B.V. (holder of the tradename GoHere) is registered with the Chamber of Commerce in the Netherlands under number 68127804.