- terms of service -
Acceptance of Terms
Registration and Eligibility
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.
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 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”).
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.
Rules and Conduct
• 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
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.
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 firstname.lastname@example.org. 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.
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.
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: email@example.com.
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.
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.
Haveyoubeenhere’s liability, whether based upon (attributable) default, unlawful act or any other ground, is excluded.
Integration and Severability
You may contact Haveyoubeenhere at firstname.lastname@example.org