HOSTEL HOP, INC.
Platform Terms
Last Modified: September 1, 2023
Acceptance of the Terms of Service
These terms of service are entered into by and between you and HOSTEL HOP, INC ("Company," “HOSTEL HOP”, "we," or "us"). The following terms and conditions, together with any documents that are expressly incorporated by reference, including, without limitation, the Company's Privacy Policy located at hostelhop.io/privacy-policy (collectively, the "Terms") govern your access to and use of hostelhop.io, including any content, functionality, and services offered on or through hostelhop.io (the "Website"), whether as a guest or a registered user.
This Terms of Service applies to website visitors (“Visitors”), a customer who enrolls for Services (as defined below), downloads or accesses the Company's mobile application (“Application” and together with then Website the “Platform”; such enrolling customers, “Clients” or “Customers”), and all of the above are “Users” or “you” interchangeably.
Please read the Terms carefully before you start to use the Platform. By using the Platform, you accept and agree to be bound and abide by these Terms. If you do not want to agree to the Terms, you must not access or use the Platform.
YOU MUST BE AT LEAST 13 YEARS OF AGE TO ACCESS AND USE THIS WEBSITE AND USE THE SERVICES AND THE HOSTEL HOP SOFTWARE. IF YOU ARE 13 YEARS OR YOUNGER, DO NOT USE THIS WEBSITE FOR ANY PURPOSE. BY USING THIS WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH THE COMPANY AND MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE WEBSITE.
By accepting these Terms, you certify that you are of the legal age of majority in the jurisdiction in which you reside and you represent that you are legally permitted to use the Platform. These Terms are void where prohibited by law. Unless otherwise agreed or permitted by the Company in writing, you cannot share or transfer any software or other materials you receive from the Company in connection herewith.
Changes to the Terms
We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Platform. Your continued use of the Platform following the posting of the revised Terms means that you accept and agree to the changes. You are expected to check this page each and every time you access this Platform so you are aware of any changes, as they are binding on you.
Accessing the Platform and Account Security
We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole and absolute discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
You are responsible for both:
Making all arrangements necessary for you to have access to the Platform.
Ensuring that all persons who access the Platform through your internet connection are aware of these Terms and comply with them.
To access the Platform or some of the resources it offers, you may be asked to provide certain registration details, including your HOSTEL HOP username and password, or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with this Platform or otherwise, including, but not limited to, through the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your username, password, or other security information.
You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.
Section I
Use Of Platform and Services
Limited License . Subject to the terms and conditions of this Agreement, you are hereby granted a personal, non-exclusive, limited, non- transferable, non-sublicensable, freely revocable license to use the Platform and the Platform for use only as permitted by the Company. The Company reserves all rights not expressly granted herein in the Platform and the Platform and the Company's intellectual property (as more fully discussed below). The Company may terminate this license at any time for any reason or no reason including without limitation (i) any violation of the Company's prohibited conduct set forth in Article I, Section 11 hereof, (ii) failure to pay any Fee due under Article I, Section 2 hereof, (iii) failure to honor the details of any Listing (as defined below), (iv) negative reviews for a Hostel User from Traveler Users which, in the sole and absolute discretion of the Company, reflect poorly on the Company and its Services. The Company retains ownership of all Platform, and except as expressly set forth herein, no other rights or licenses are granted or to be implied under any Company intellectual property.
Services.
Generally. The Company provides the Services and access to the Platform to Customers who own and operate businesses which offer lodging (“Hostel Users”) and Customers who desire to purchase lodging from Hostel Users (“Traveler Users”). The Services are a marketplace that allows Hostel Users to offer and sell lodging to Traveler Users, and for Traveler Users to find and compare Hostel Users (the “Services”). HOSTEL HOP IS NOT A PARTY TO CONTRACTS BETWEEN HOSTEL USERS AND TRAVELER USERS.
Scope. Hostel Users may create and post to the Platform one or more listings (“Listings” and each a “Listing”) which set forth details, amenities, rates, and availability of lodging. Listings are comprised of content provided by Hostel Users pursuant to Section IV hereof. The Company's Services are provided expressly conditioned upon and on express reliance upon the truth, accuracy, and completeness of the Listing information provided by the Hostel Users. Traveler Users may use the Platform to search, compare, and book (“Book”) Listings (such booked Listing, a “Booking”).
Nature of Relationship. Travel Users, Hostel Users, and the Company enter into this Agreement as independent contractors of one another. Nothing contained herein shall be construed to create an agency, partnership, employment, or joint venture relationship of any kind by or between any of the Parties.
Fee.
Hostel Users determine a rate (the “Standard Rate”) for each Listing and/or a discounted non-refundable rate (“Non-Refundable Rate” and together with the Standard Rate, the “Rate”). Listings are subject to the Cancellation and Refund terms set forth in Article I, Section 2(e) below which are applicable to the Rate chosen by the Traveler Users when securing a booking. Hostel Users may offer additional discounts on a Rate in their sole discretion. The Company does not charge Traveler Users the Rate nor collect payment in exchange for the Rate.
Hostel Users do not pay a fee for use of the Services, which are provided to the Hostel Users in exchange for the covenants contained herein and for other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged and accepted.
The Company charges Traveler Users a fee (the “Fee”) equal to twelve percent (12%) of the Rate applicable to a Booking made by the Traveler Users. The Fee is charged at the time of Booking, and payment information is collected and processed through the Company's third-party service provider in accordance with the Privacy Policy.
Cancellation and Refund. Hostel Users may set their own cancellation period (“Cancellation Period”) when creating a Listing.
Traveler Users who select the Standard Rate may cancel a Booking prior to the expiration of the Cancellation Period determined by a Hostel User at no charge to the Traveler User unless the specific terms of service for the hostel booked state that cancellation fees may be charged. Bookings cancelled after the applicable Cancellation Period has expired may be charged the Rate for a single night of lodging at the Listing at the Rate applicable to the Booking.
Traveler Users who select the Non-Refundable Rate for a Booking (if applicable) may not cancel their Booking, and may in the sole and absolute discretion of the applicable Hostel User be charged the entire Rate in respect of such Booking regardless of if or when such Booking is cancelled.
In no event will the Fee be refundable for any reason regardless of when a Traveler User cancels a Booking.
The Company will tokenize and store a Traveler User's payment information in accordance with the Privacy Policy for purposes of performing under and enforcing the provisions of this Article I, Section 2(e).
Rescheduling. If a Booking becomes unavailable on or prior to the Traveler User's scheduled check-in time (an “Unavailable Booking”), then (i) the Company will use commercially reasonable efforts to secure a comparable or similar Listing for the Traveler User (“Substitute Lodging”) and (ii) the Hostel User unable to provide its Booking shall pay to the Traveler an amount equal to the difference, if any, between (x) the Rate applicable to the Unavailable Booking minus (y) the rate for such Substitute Lodging (the “Rebooking Fee”). While the Company will endeavor to secure Substitute Lodging, the Company expressly disclaims all liability of any kind or nature, including special, consequential, or incidental damages arising from or in connection with an Unavailable Booking. The Rebooking Fee shall constitute the only compensation due and owing to a Traveler User in respect of an Unavailable Booking, and by accepting the Rebooking Fee the Traveler User agrees to release and hold harmless the Company and the Hostel User responsible for such Unavailable Booking from any and all claims, damages, liabilities, or causes of action arising from or in connection with the Unavailable Booking.
Obligations of Hostel Users. Hostel Users (i) represent and warrant that information and availability of Listings is true, accurate, complete, and current, (ii) agree to honor the details of any Listing or Booking, (iii) agree to pay the Rebooking Fee if applicable.
Obligations of Traveler Users. Traveler Users agree to pay the Rate accepted in the Booking directly to the Hostel User at the time of check-in.
No Show Policy
If you fail to arrive on the scheduled check-in date and do not cancel or modify your booking, you will be considered a no-show. In the case of a no-show, the hostel reserves the right to charge you for the first night of your stay. Some hostels may charge for the full duration of your original booking in the case of a no-show. You are responsible for reviewing the no-show policy of the specific hostel you book at the time of your booking.
To avoid no-show charges, you should cancel or modify your booking at least 24 hours prior to the scheduled check-in time. Cancellations made within 24 hours of check-in may still incur a one-night charge.
- User Account .
Types of Accounts. Your account on the Service (your “User Account”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of User Accounts for different types of Users.
Applicability. If you open a User Account on behalf of a team, company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity's behalf. By connecting to Company with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
Security. You may never use another User's User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use strong passwords (unguessable passwords of sufficient length and entropy) with your User Account. You must notify the Company immediately of any breach of security or unauthorized use of your User Account. the Company will not be liable for any losses caused by any unauthorized use of your User Account.
Platform . The Platform may include software, including a web and mobile application, that modifies other files, folders, directories, root files, and/or other programs on your computer to properly integrate with third-party software. You hereby agree and acknowledge that you accept any modifications to the foregoing and release Company from any claims, actions, or damages as a result of any modification after downloading and installing Platform. Further, the Platform may enable access to Company and third-party services and web sites which requires Internet access and use of certain third-party services may require a Company username and password, and may require you to accept additional terms.
Support . As part of the Services, you may be entitled to customer support as more fully set forth in Your Comments and Concerns below. Company is not obligated to provide you with any maintenance, technical, or other support for the Platform or the Resources.
Payment, Fees and Taxes.
When putting up a listing or making a one-time transaction or unscheduled purchase(s) with us, your transaction will be processed and handled by HOSTEL HOP's merchants of record. The transaction will be processed in the currency of the United States through our payment processor (“PayPal”).
Payments through Stripe . In order to purchase any services that HOSTEL HOP offers for a fee, either on a one-time per-listing basis, you may be required to provide your credit card details through Stripe. Payment processing services by Stripe are subject to the Stripe User Agreement and Privacy Policy located at Stripe.ComAs a condition of HOSTEL HOP enabling payment processing services through PayPal, you agree to provide HOSTEL HOP accurate and complete information about you or your business, and You authorize HOSTEL HOP to share it and transaction information (exclusive of any credit or debit card numbers, details or associated passwords) related to your use of the payment processing services provided by PayPal. As a condition of HOSTEL HOP enabling payment processing services through PayPal, you agree to comply with all agreements and policies, including but not limited to the PayPal Terms of Services that PayPal requires to process payment and to store and collect payment information.
Communications . You expressly agree that HOSTEL HOP, or its payment processor, is permitted to bill you any applicable fees, any applicable tax and any other charges You may incur with HOSTEL HOP in connection with your use of the Services. The fees will be billed to the credit card or other payment account You provide in accordance with the billing terms in effect at the time the fees are due and payable. You acknowledge and agree that HOSTEL HOP will automatically charge your credit card or other payment accounts on record with HOSTEL HOP. If payment is not received or cannot be charged to your credit card account for any reason, HOSTEL HOP reserves the right to either suspend or terminate Your access to the Service and terminate this Agreement. By using the Service, you consent to receive electronic communications from HOSTEL HOP. These electronic communications may include notices about applicable fees and charges related to the Services and transactional or other information concerning or related to the Services. These electronic communications are part of your relationship with HOSTEL HOP and you receive them as part of your use of the Services. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Listing Conditions . When posting a Listing through our Services, you agree to comply with the Listing Conditions below:
You assume full responsibility for the Listing offered and the accuracy and content of the listing;
Your Listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). HOSTEL HOP can't guarantee exact listing duration;
The content you provide complies with all of our listing policies, including these Terms of Services;
When creating listings, Hostel Users should write their own text and take their own photos and videos;
Content that violates any of HOSTEL HOP's policies may be modified, obfuscated, or deleted at HOSTEL HOP's sole discretion;
Booking Conditions . When making a Booking using our Services, Traveler Users agree to the Booking Conditions below:
You are responsible for reading the full Listing before making a bid or offer, buying, or committing to buy;
You enter into a legally binding contract to pay the Rate when you book a Listing.
Prohibited Conduct.
No Export. You agree that you will not export or re-export any of the Platform or Confidential Information received from the Company except as authorized by United States law and the laws of the jurisdiction in which the Platform was obtained. In particular, but without limitation, the Platform may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List or any other restricted party lists. By using the Platform, you represent and warrant that you are not located in any such country or on any such list.
No Reverse Engineering. You may not, and you agree not to enable any third party, to decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Platform or any services provided by the Platform, or any part thereof.
No Circumvention. You may not and you agree not to remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within the Services. The Company utilizes technical or content protection measures, developed by the Company or third-party partners, for the Company's Services in order to prevent piracy and the unauthorized copying or use of the Services. Attempting to circumvent, disable or tamper with these measures shall terminate this license. You will not, be act or omission or by a series of acts or omissions which, taken together, have the effect of (i) circumventing or avoiding your obligations under this agreement, (ii) result in the avoidance of payment of the Fee to the Company for its Services, or (iii) transact outside of the Platform directly between Hostel Users and Traveler Users introduced through the Platform in such a manger that would result in the avoidance of payment of the Fee to the Company for its Services.
Third-Party Data and Services . Portions of Platform may include third-party software and other copyrighted material. Acknowledgments, licensing terms, and disclaimers for such material are contained in the Platform, and your use of such material is governed by such respective terms. Mention of third parties and third-party products in any materials, advertising, promotions, or coupons provided to you are for informational purposes only and constitute neither an endorsement nor a recommendation. All third-party product specifications and descriptions are supplied by the respective vendor or supplier, and the Company shall have no responsibility with regard to the selection, performance, or use of these vendors or products. All understandings, agreements, or warranties, if any, take place directly between the vendors and prospective users.
Third-Party Rights . You acknowledge and agree that the owners of the Content and certain distributors (such as app store and google play providers) are intended beneficiaries of these Terms and have the right to enforce these Terms directly against you. Other than as set out in this section, these Terms are not intended to grant rights to anyone except you and HOSTEL HOP, and in no event shall these Terms create any third-party beneficiary rights.
If you have downloaded any of our mobile software applications (each, an "App") from the Apple Inc. App Store or Google Play Store (each, an “App Store”), you acknowledge that you have read, understood, and agree to the following notice regarding App Store. These Terms are between you and HOSTEL HOP only, not with App Store, and App Store is not responsible for the HOSTEL HOP Services and the content thereof. App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the HOSTEL HOP Services. In the event of any failure of the HOSTEL HOP Service to conform to any applicable warranty, you may notify App Store and App Store will refund the applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, App Store has no other warranty obligation whatsoever with respect to the HOSTEL HOP Service. App Store is not responsible for addressing any claims by you or any third party relating to the HOSTEL HOP Service or your possession or use of the HOSTEL HOP Services, including: (1) product liability claims; (2) any claim that the HOSTEL HOP Services fails to conform to any applicable legal or regulatory requirement; (3) claims arising under consumer protection or similar legislation; and (4) claims with respect to intellectual property infringement. App Store is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the HOSTEL HOP Services or your possession and use of the App infringe that third party's intellectual property rights. You agree to comply with any applicable third-party terms, when using the HOSTEL HOP Services. App Store, and App Store 's subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
Miscellaneous.
Location of Service. The Service is controlled and operated from facilities in the United States. The Company makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
California Residents. The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445- 1254.
Availability. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
Feedback. The Company may provide you with the opportunity to submit bug reports, questionnaires, enhancement requests, issue reports and/or support information (collectively, “Feedback”) to the Company. Company may request this information from you through by email, web questionnaires, bug forms, and other mechanisms. By agreeing to this Agreement, you agree that Company may contact you from time to time, and you hereby consent to receive such communications. Except as otherwise set forth in the Privacy Policy, you agree that in the absence of a separate written agreement to the contrary, Company will be free to use any Feedback you provide for any purpose.
Section II
Intellectual Property Rights
The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use the Platform for your personal, non- commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, provided you agree to be bound by our end user license agreement for such applications. You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform. If you wish to make any use of material on the Platform other than that set out in this section, please address your request to: help@hostelhop.io. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Section III
Trademarks
The Company name, the terms “HOSTEL HOP”, the Company logo, and all related names, logos, product and service names, designs, and slogans are or will be trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Platform are/will be the trademarks of their respective owners. Prohibited Uses You may use the Platform only for lawful purposes and in accordance with these Terms. You agree not to use the Platform:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set forth in these Terms.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform, or expose them to liability. Additionally, you agree not to:
Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform.
Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Platform.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Platform.
Section IV
User Generated Content
Generally. The Platform may contain message boards, personal profile pages, forums, bulletin boards, feature landing pages, support ticketing systems, aggregate and categorical lists, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Generated Content" or “User Contribution”, as applicable) on or through the Platform.
Content Standards and Restrictions . All User Generated Content must comply with the Content Standards set forth in these Terms. You agree that you will not create, transfer, share, send, submit or upload any User Generated Content that:
is protected by copyright, patent, trademark or trade secret or otherwise subject to third-party proprietary rights, including but not limited to rights of privacy and publicity (unless you are or have permission from the rightful owner);
contains fraudulent statements or misrepresentations that could damage Company or any third party;
contains any statements or materials that disparage, ridicule or scorn Company or any third party;
is obscene, defamatory, threatening, harassing, predatory, pornographic, hateful, racially or ethnically offensive, or encourages conduct that would violate any law or is otherwise inappropriate;
is an advertisement or solicitation of business;
is an impersonation of another person; or
otherwise violates these Terms or the Privacy Policy.
License.
Generally . Any User Contribution you post to the site will be considered non-confidential and nonproprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a non-exclusive, worldwide, fully paid-up, transferable, irrevocable, royalty-free and perpetual license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.
Right to Monetize . You grant to the Company the right to monetize your User Generated Content on the Service (and such monetization may include displaying ads on or within such User Generated Content or charging users a fee for access). This Agreement does not entitle you to any payments. Any payments you may be entitled to receive from the Company under any future or other agreement between you and the Company will be treated as royalties. If required by law, the Company will withhold taxes from such payments.
Representation and Warranties . You represent and warrant that:
Acknowledge that you have received good and valuable consideration from Company for the license of the rights in your User Generated Content under this Agreement;
Agree that your creation or distribution of User Generated Content is not in any way based upon any expectation of compensation from Company, its affiliates, licensors or distributors;
Agree that Company, its affiliates, and licensors may - but are not required to - use your name, username, or applicable trademarks in connection with the distribution of your User Generated Content;
Warrant and represent that: (A) you created your User Generated Content; (B) you have all necessary rights to your User Generated Content to fulfill your obligations under this Agreement; and (C) your User Generated Content does not infringe on the intellectual property or other rights of any third party and is not obscene, defamatory, offensive or an advertisement or solicitation of business; and
All of your User Contributions do and will comply with these Terms.
You acknowledge that the Company has entered into this Agreement expressly on the reliance of the truth and accuracy of the representations and warranties set forth above.
Power of Attorney . You hereby appoint Company as your attorney-in-fact to request from third party's removal under the Digital Millennium Copyright Act or other applicable law or basis, in Company‘s sole and absolute discretion, of any of your User Generated Content posted on a third-party network or Internet site. You agree to not contest Company's request for the removal of your User Generated Content from such network or Internet site. You also agree to execute all documents, as requested by Company, to effect such removal.
Liability . You understand and acknowledge that you are responsible for any User Generated Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. WE ARE NOT RESPONSIBLE OR LIABLE TO ANY THIRD PARTY FOR THE CONTENT OR ACCURACY OF ANY USER-GENERATED CONTENT POSTED BY YOU OR ANY OTHER USER OF THE WEBSITE.
Confidentiality.
Definition of Confidential Information. You agree that the Resources and any information concerning the Platform (including its nature and existence, features, functionality, and screenshots) and any other information disclosed by Company to you in connection herewith will be considered and referred to in this Agreement as “Confidential Information.” Information that otherwise would be deemed Confidential Information but (a) is generally and legitimately available to the public through no fault or breach of yours, (b) is generally made available to the public by Company, (c) is independently developed by you without the use of any Confidential Information, (d) was rightfully obtained from a third party who had the right to transfer or disclose it to you without limitation, or (e) any third party software and/or documentation provided to you by Company and accompanied by licensing terms that do not impose confidentiality obligations on the use or disclosure of such software and/or documentation will not be considered Confidential Information under this Agreement. All Confidential Information remains the sole property of Company and you have no implied licenses or other rights in the Confidential Information not specified in this Agreement.
Nondisclosure. Except as expressly permitted in this Section 7, you agree that you will not disclose, publish, or otherwise disseminate any Confidential Information to anyone other than individuals or as otherwise expressly permitted or agreed to in writing by Company. You further agree to take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of Confidential Information, including preventing access to or display of the Platform to third parties. You agree to use the Confidential Information solely for the permitted uses as set forth in this Agreement. You agree not to use Confidential Information otherwise for your own or any third party's benefit without the prior written approval of an authorized representative of Company in each instance. You hereby acknowledge that unauthorized disclosure or use of Confidential Information could cause irreparable harm and significant injury to Company that may be difficult to ascertain. Accordingly, you agree that Company will have the right to seek immediate injunctive relief to enforce obligations under this Agreement in addition to any other rights and remedies it may have.
Section V
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Generated Content for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot undertake to review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Section VI
Content Standards
These content standards apply to any and all User Generated Content and use of Interactive Services. User Generated Content must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Generated Content must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Section VII
Copyright Policy
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Platform infringe your copyright, you may request removal of those materials (or access to them) from the Platform by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Platform, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated copyright agent to receive DMCA Notices and Counter- Notices is:
Copyright Compliance Department Email: help@hostelhop.io
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Platform was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Platform may be found) and that you will accept service from the person (or an agent of that person) who provided the Platform with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Section VIII
Reliance on Information Posted
The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitors to the Platform, or by anyone who may be informed of any of its contents. This Platform may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.Section IX
Changes to the Platform
We may update the content on this Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Platform
All information we collect on this Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Section X
Linking to the Platform and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. This Platform may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Platform.
Send emails or other communications with certain content, or links to certain content, on this Platform.
Cause limited portions of content on this Platform to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Platform or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in- line linking.
Link to any part of the Platform other than the homepage.
Otherwise take any action with respect to the materials on this Platform that is inconsistent with any other provision of these Terms.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice, at our sole and absolute discretion.
Section XI
Links from the Platform
If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Section XII
Limitation of Liabilities
Geographic Limitation . The owner of the Platform is based in the State of Delaware in the United States. We provide this Platform for use only by persons located in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimers.
No Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
No Lodging Services. The Company does not provide lodging, amenities, hospitality or any other services customarily associated with the hospitality or travel industries nor does the Company operate any motel, hotel, hostel or other facility for the lodging of Traveler Users. The Company does expressly disclaims any liability for the accuracy, completeness, or availability of any listings, bookings, or amenities provided by Hostel Users and the Company is completely reliant upon and dependent upon the truth, accuracy, and completeness of the information provided by the Hostel Users.
As-Is . YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability . TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. The limitation of liability set out above does not apply to liability resulting from our gross negligence. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, attorneys, licensors, suppliers, successors, and assigns (the “Company Indemnified Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees - collectively, “Claims”) arising out of or relating to (i) your violation of these Terms, (ii) your use of the Platform, (iii) your User Generated Content, (iv) any use of the Platform's content, services, and products other than as expressly authorized in these Terms, (v) your use of any information or goods obtained from the Platform, or (vi) your sale or listing of goods of any good posted by you on the website.
Hostel Users agree to defend, indemnify, and hold harmless the Company Indemnified Parties from Claims arising from or in connection with (i) your use of the Platform, (ii) failure to provide the lodging, services, or amenities to a Traveler User advertised on or sold through the Platform or honor any booking made on or through the Platform, (iii) any act or omission by you which gives rise to any Claim by a Traveler User.
Section XIII
Interpretation and Dispute Resolution
Governing Law . All matters relating to the Platform and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
Jurisdiction and Venue . Subject in all ways to Article VIII, Section 6 hereof (as to Hostel Users only) any legal suit, action, or proceeding arising out of, or related to, these Terms or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation of Time to File Claims . ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
CLASS ACTION WAIVER . YOU AGREE TO RESOLVE ANY DISPUTE ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS OR COLLECTIVE ACTION BASIS (“CLASS ACTION WAIVER”). NOTWITHSTANDING ANY OTHER PROVISION HEREOF, DISPUTES REGARDING THE ENFORCEABILITY, REVOCABILITY, OR VALIDITY OF THIS CLASS ACTION WAIVER MAY BE RESOLVED ONLY BY A CIVIL COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN ANY CASE IN WHICH: (1) THE DISPUTE IS FILED AS A CLASS OR COLLECTIVE ACTION; AND (2) THERE IS A FINAL JUDICIAL DETERMINATION THAT ALL OR PART OF THE CLASS ACTION WAIVER IS UNENFORCEABLE, THE CLASS AND/OR COLLECTIVE ACTION TO THAT EXTENT MUST BE LITIGATED IN A CIVIL COURT OF COMPETENT JURISDICTION, BUT THE PORTION OF THE CLASS ACTION WAIVER THAT IS ENFORCEABLE SHALL REMAIN IN EFFECT.
WAIVER OF JURY TRIAL . EACH PARTY WAIVES ITS RESPECTIVE RIGHTS TO A TRIAL BY JURY OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY IN ANY ACTION, PROCEEDING OR OTHER LITIGATION OF ANY TYPE BROUGHT BY ANY PARTY AGAINST THE OTHER PARTY OR ANY AFFILIATE OF SUCH OTHER PARTY, WHETHER WITH