© 2017 Travel Knowers Ltd

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Terms of Service

Knowers Terms of Service

 

Knowers Ltd. (“Knowers” or, “us”, “our”, “we”) offers an online trip planning platform that connects users in different cities and helps travelers better access (tourism) information and plan trips with the aid of local residents (the “User Services”), all through Knowers' website and mobile application (collectively, the “Platform”). These Terms of Service (these “Terms”) shall govern your access to and use of the Platform and all content (“Content”, as further defined below) and services available through the Platform (collectively the “Services”). “User,” “you,” or “your” may refer to any individual acting in his or her capacity as either a local offering User Services to travelers or as a traveler seeking User Services from locals, all through the Platform and/or a user using the Platform.

 

Please review these Terms carefully, since they govern your access to and use of the Platform. By clicking on the button marked “I Agree,” you signify your assent both to these Terms and to our Privacy Policy, which is available at www.knower.io. Changes may be made to these Terms from time to time, at our sole discretion, and your continued use of the Platform and/or Services will be deemed an acceptance of such amended or updated terms. Please do not use the Platform or Services if you do not agree to any of these Terms.

 

Account Registration

 

If you are a minor, you must obtain the permission of either your parent or legal guardian prior to registering and creating an account for the use of the Platform and/or Services. Do not use the Platform or Services If you do not obtain such permission.

 

In order to use the Services, you will need to create an account. Your account allows you to use the Services, subject to these Terms and our Privacy Policy. To create an account and use the Services, you must provide information as may be requested by Knowers. Upon creation of a new account, you will be listed as a local resident of your geographical location on our Platform. You will be given an option to provide information related to your personal preferences, such as interests, hobbies and recreational activities, and areas of knowledge, to help us more efficiently and appropriately connect Users. Furthermore, you will have an option to upload a profile picture. The abovementioned information will be considered User Content (as defined below).

 

We may allow you to register through Facebook or through other third parties. By registering and/or logging in through Facebook, you acknowledge that the Facebook account is yours and that you have full rights to provide us with the information in such account.

 

You are fully and solely responsible for the security of any computer and/or (mobile) device through which you access the Platform or Services, and for any activity on your account, even if such activities were not committed by you. You hereby agree to immediately notify Knowers of any unauthorized use of your Knowers account or password. Knowers will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Knowers harmless for any use of your account that is in violation of any law, regulation, or of these Terms, including any mail sent and any charges and taxes incurred, unless you have notified us at support@knowers.io that your account has been compromised and have requested us to block access to it. We do not guarantee that we will police for, learn of, and/or prevent any inappropriate use of the Platform or Services. We reserve the right to refuse any (potential) User from registering or creating an account and/or limit the number of accounts that a given User may create, all at our sole discretion.

 

Services

 

You may use the Platform and the Services, for your personal use only. Except as specifically permitted hereunder, you shall not use the Platform or Services to provide any services or content to any third party and you shall not make any commercial use of the Platform and/or Services. Should you offer User Services, you hereby warrant and undertake to render the User Services to other Users faithfully, diligently, and in accordance with and subject to these Terms. 

 

Knowers is not an operator of tours, tour guides or activities, nor is it a provider of tours, tour guides or activities, and Knowers does not own, sell, resell, furnish, provide, manage and/or control any transportation or tour services. Knowers only facilitates the Platform on which you can search for, find and connect with Users seeking and/or offering User Services.

 

 Use of the Services and access to the Platform is void where prohibited. By using the Platform and/or Services, you represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older, have your parent's or guardian's permission to enter into this agreement, or otherwise have the ability to form a binding contract; and (d) your use of the Platform and/or Services does not violate any applicable law or regulation or any obligation you may have to a third party.

 

Content

 

Certain types of content may be made available through the Platform and as part of the Services. “Content” as used in these Terms, means any and all content on or made available through the Platform, including any photos, pictures, videos, comments, and text and/or any modifications or derivatives thereof. The Platform may allow you to post certain content including but not limited to information about yourself, your background, areas of interest, images and/or pictures (the "User Content"). You are fully and solely responsible for any User Content you submit, post, and/or otherwise communicate through the Platform. You represent and warrant that any such User Content complies with all applicable laws, regulations, and/or other obligations, that you have all necessary rights to submit any such User Content through the Platform and Services, and that no such User Content infringes or violates any third party intellectual property rights, privacy or publicity rights, and/or moral rights. Knowers has no obligation to accept, display, review, and/or maintain any User Content, and reserves the right to remove and permanently delete any User Content, including any User Content submitted or modified by any user, without prior notice and for any reason. WE DO NOT ENDORSE ANY CONTENET (INCLUDING BUT NOT LIMITED TO USER CONTENT) OR ANY OPINION, RECOMMENDATION, AND/OR ADVICE EXPRESSED IN ANY USER CONTENT, AND WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH ANY CONTENT (INCLUDING BUT NOT LIMITED TO USER CONTENT).

 

Knowers may choose, at its sole discretion, to monitor User Content for inappropriate or illegal behavior, including through automatic means, provided however, that Knowers reserves the right to treat User Content as content stored at the direction of Users for which Knowers will not exercise editorial control except when violations are directly brought to its attention. We have the right to edit, delete, distort, modify, and/or move User Content from the Platform or in relation to Services without notice, for any reason, and at any time. Additionally, Knowers has the right to refuse to transmit, email, post, or broadcast any User Content (including blocking a User from posting or distributing such User Content through a third party) without notice, for any reason, and at any time.

 

Content on the Platform comes from a variety of sources. You understand that Knowers is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to this Content (including but not limited to User Content). Although users must agree to these Terms, it is possible that other Users (including unauthorized users) may post or transmit offensive or obscene materials that you may be involuntarily exposed to such offensive or obscene materials, and you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against us with respect to thereto. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF ANY USERS, AND/OR UNAUTHORIZED USERS, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE PLATFORM, SERVICES OR OTHERWISE.

User Communication

 

Our Platform allows Users, as part of the Services to communicate with one another through a messenger feature and using video chat (“Video Chat”, and together with our messenger feature, a “Chat”). Users may initiate Chats with other Users by submitting a request to initiate a Chat, which can either be accepted or denied by the User receiving such a request. Chats are intended to facilitate communication between Users and serve as an additional medium for the transfer of User Content and other information. You hereby agree not to transfer any User Content that is, or may reasonably be understood as being, in violation of these Terms. A User may block all contact with any other User at any time and at its sole discretion, and may report other Users who it reasonably believes are in violation these Terms.

 

We license technology from Vidyo, Inc. (“Vidyo”), which is incorporated into our Video Chat. You acknowledge that all User Content transferred or uploaded through a Video Chat, including the Video Chat itself, may be saved on Vidyo’s databases, and that the use of Video Chat is subject to Vidyo’s Terms of Service, available at https://www.vidyo.com/cloudservicestos and Privacy Policy, available at http://www.vidyo.com/privacy-policy/ (collectively, the “Vidyo Terms”). All chat services, as powered using Vidyo’s technology, may be removed by Knowers, at any time and without prior notice. You further acknowledge to refer to the Vidyo Terms for further information and before accepting these Terms.

 

Any private communications between Users, including but not limited through Chat and/or Vidyo shall not be used by Knowers for any public and/or marketing purposes and shall remain private. Provided however, that you acknowledge that Knowers and any of its employees, officers, subcontractors and service providers may have access to any private Chat and/or Vidyo for the purpose of providing and/or improving the Services. 

 

Content Restrictions

 

Without limiting the foregoing, you agree that you will not transmit, submit or post any User Content that: (1) violates the legal rights of others, including defaming, abuse, stalking, or threatening users; (2) infringes or results in the infringement of the intellectual property rights, moral rights, or other rights of any third party; (3) is, or you reasonably believe or should reasonably believe to be, illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves, or you reasonably believe or should reasonably believe to involve, any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (4) does not comply with all applicable laws, rules, and regulations; (5) publishes falsehoods or misrepresentations that may damage Knowers, Users, or any third party; (6) imposes an unreasonably or disproportionately large load on our infrastructure; and/or (7) posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (a) material that we determine to be offensive, including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity, (b) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, (c) pornography or obscene material, (d) any virus, worm, trojan horse, or other harmful or disruptive component or (e) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate or offensive.

 

User Restrictions

 

You may not do or attempt to do any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services or the Platform without our prior written consent, including framing or mirroring any part of the Platform; (2) circumvent, disable, or otherwise interfere with security-related features of the Services and/or Platform or features that prevent or restrict use or copying of any Content; (3) use the Platform, Content or Services in connection with any commercial endeavors in any manner, including without limitation offering or providing any travel, accommodation, car-rental, or other tourist and travel related services, except for the purposes specifically set forth and approved in these Terms; (4) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Platform; (5) use or access another user’s account or password without permission; (6) use the Platform, Services or Content therein in any manner not permitted by these Terms; (7) post, distribute or edit any User Content or links in violation of the requests or wishes of the User that provided you with such Content or links.

 

Termination of Account

 

Knowers may terminate your account if it reasonably determines, at its sole discretion that you violated any of these Terms. Upon termination of your account, you will lose further access to the Content that may be available through your account.

 

Without derogating from the above, if Knowers believes, at its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate, at our sole discretion. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Platform or through the Services. We will fully cooperate with any law enforcement investigation or court order requesting or directing us to disclose the identity, behavior or User Content of anyone believed to have violated these Terms or to have engaged in illegal behavior. Any suspension or termination of your account shall not affect your obligations under these Terms, including but not limited to intellectual property, indemnification, any representations and warranties made by you, and limitation of liability, which by their sense and context are intended to survive such suspension or termination.

 

Without derogating from the above, Knowers may at any time and at its sole discretion discontinue providing any part of the Platform or the Services without prior notice.

 

Payment

 

Use of the Platform and/or Services is currently free of charge. You hereby consent not to exchange, or request to exchange, any money or other monetary consideration for User Services or for any other activity that is in any manner related to the use of the Services and/or the Platform. You acknowledge that Knowers may, at its sole discretion, charge a fee for use of the Platform and/or Services, upon prior written notice.

 

Intellectual Property

 

Knowers and its licensors own the Platform, Services and all Content available on the Platform and Services, including all worldwide intellectual property rights in the Platform, Services and Content, and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit, or otherwise use the Platform, Content, or the Services. You will not remove, alter or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in the Platform, Content, or Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Knowers or any third party.

 

By submitting, posting, or in any other manner transferring User Content, you grant Knowers and its successors, as applicable a worldwide, non-exclusive, royalty-free, perpetual, sub-licensable, and transferable license to use, copy, distribute, transmit, modify, prepare derivative works of, display, and perform such User Content on, through, or in connection with the Platform and/or Services in any media formats and through any media channels, including but not limited for marketing purposes.

 

Copyright

 

Our policy is not to infringe upon or violate the intellectual property rights or other rights of any third party, and we will refuse to use and may remove any Content (including User Content) in connection with the Platform and/or Services that infringes the rights of any third party, except as explicitly set forth in these Terms. Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), Knowers will remove any content, including without limitation any User Content, if properly notified that such material infringes third party rights, and may do so at its sole discretion and without prior notice to users at any time. The policy of Knowers is to terminate the accounts of repeat infringers in appropriate circumstances.

 

You are in the best position to judge whether User Content is in violation of intellectual property or personal rights of any third-party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with User Content. If you believe that something appearing on the Platform and/or Services infringes your copyright, you may send us a notice requesting that it be removed or access to it blocked, at support@knowers.io. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims.

 

Disclaimers & Disclaimer of Warranty

 

Your use of the Platform, Content, and Services is at your sole discretion, risk and responsibility. The Platform and/or Services are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. While we make reasonable efforts to have Content that is informative and useful, we do not make any warranties or representations in respect of any Content. We do not represent or warrant that you will find any Content to be informative or useful for your own needs.

 

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE PLATFORM AND/OR SERVICES, AND CONTENT INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE PLATFORM AND/OR SERVICES; (II) THAT THE PLATFORM AND/OR SERVICES WILL BE ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE PLATFORM AND/OR SERVICES.

 

THE SERVICES ARE INTENDED TO BE USED TO FACILITATE CONNECTIONS AND RELATIONSHIPS BETWEEN USERS. YOU UNDERSTAND AND AGREE THAT KNOWERS IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN YOU AND ANY USERS.  WE HAVE NO CONTROL OVER THE CONDUCT OF USERS OF THE PLATFORM AND/OR SERVICES, AND DISCLAIM ALL LIABILITY IN THIS REGARD. ACCORDINGLY, THE PLANNING OF ANY ACTIVITY AND/OR PROVISION OR USE OF USER SERVICE IS DONE AT YOUR OWN RISK AND RESPONSIBILITY.

 

We are not responsible for any incorrect or inaccurate Content (including but not limited to User Content) posted on the Platform or in connection with the Services, or transmitted by any user, whether by users of the Services or by any of the equipment or programming associated with the Services. We take no responsibility for third party advertisements which are posted on this Platform or through the Services, nor do we take any responsibility for the goods or services provided by our advertisers. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

 

Linked Content

 

Portions of the Platform and/or Services and certain Content (including, without limitation, advertisements, recommended websites, and travel blogs) may involve linking to or using web sites belonging to third parties. The Platform and/or Services may also provide you with links to access the sites of third party vendors including, without limitation, for the purpose of reviewing such third-party sites. We have no control over third-party sites, and all use of third-party sites is at your own risk. Additionally, Knowers cannot accept responsibility for any payments processed or submitted through such third-party sites, or for the terms of use and/or privacy policies of any such sites. Knowers is not responsible for content or services available by means of such sites. Knowers does not endorse any products or services offered by third parties and we urge our users to exercise caution in using third-party sites.

 

Limitation of Liability

 

IN NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE PLATFORM AND/OR SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR MAXIMUM CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL AMOUNT YOU HAVE PAID US IN THE TWELVE MONTHS PRECEDING THE APPLICABLE CLAIM.

 

We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content or Services. We are not responsible for any problems or technical malfunction of any computer or internet systems, servers or providers, computer equipment, software, failure of any email due to technical problems, and/or traffic congestion on the Internet or on the Platform or Services or combination thereof, including any injury or damage to Users or to any (User's) third party’s computer or mobile device related to or resulting from participation or downloading materials in connection with the Platform, Services, and/or any Content. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Platform and/or Services, from any User Content posted on or through the Platform and/or Services, or from the conduct of any Users of the Platform or Services, whether online or offline.

 

Knowers assumes no responsibility for incorrect information collected from or provided by any User, as well as any cancellations, strikes, injury, weather, fire, theft, quarantine, medical, or customs regulations, and/or any other damages, and similar act or incident beyond its ability to control and/or resulting from force majeure.

 

You hereby acknowledge and agree that Knowers is not responsible for any arrangements made between you and any other User, or any third party as a result of the use of the Platform and/or Services, and is in no way responsible or liable for any injury, losses, or damages resulting from any encounter between Users resulting from the use of the Services and/or Platform.

 

Indemnification

 

You agree to indemnify, defend, and hold harmless Knowers and its respective employees, directors, officers, subcontractors, and agents of each, against any and all claims, damages, or costs or expenses, including attorneys’ fees, that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer, mobile device or password; (b) any claim, loss or damage experienced from your use or attempted use of the Platform and/or the Services, including any message or User Content you transmit through the Platform and/or Services; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law.

 

Miscellaneous

 

These Terms shall be governed by the law of the State of Israel exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms, the Platform and/or the Services shall be brought exclusively in the court located in Tel Aviv-Jaffa, and you irrevocably consent to its jurisdiction. Any cause of action against us must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision as permitted by applicable law, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and us or enables you to act on our behalf. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and supersedes any other agreements, understandings or warranties. Nothing contained in these Terms shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and we reserve the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. We may assign our rights under these terms to any third party. You may not assign your rights or obligations hereunder except as we expressly permit in writing. Any notice to be provided to you pursuant to these Terms maybe provided to the email address or other contact information you have provided to us.

 

 

Last updated: August 2017